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Home My WebLink AboutCity Council Committees - Parks and Human Services Committee - 08/15/2019 Unless otherwise noted, the Parks and Human Services Committee meets at 5 p.m. on the third Thursday of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Ron Lashley at 253 -856-5101, or via email at RLashley@KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Parks and Human Services Committee Agenda Chair - Brenda Fincher Satwinder Kaur– Marli Larimer Thursday, August 15, 2019 5:00 p.m. Item Description Action Speaker Time 1. Call to Order Chair 01 MIN. 2. Roll Call Chair 01 MIN. 3. Changes to the Agenda Chair 01 MIN. 4. Approval of July 18, 2019 Minutes YES Chair 05 MIN. 5. Perkins Building Lease Agreement for City Storage - Authorize YES Alex Ackley 05 MIN. 6. Kent Meridian Pool Lease Termination - Recommend YES Julie Parascondola 10 MIN. 7. “Lannoye” Property Surplus and Restrictive Covenant Removal – Informational Only NO Brian Levenhagen 05 MIN. 8. Kronisch Property Surplus - West Hill Water Tank – Informational Only NO Drew Holcomb 05 MIN. 9. 2018 Human Services Investment Impact - Informational Only NO Merina Hanson 15 MIN. 10. House Bill 1406 Update – Informational Only NO Merina Hanson 10 MIN. 11. Director’s Report – Informational Only NO Julie Parascondola 05 MIN. Parks and Human Services Committee CC Parks Regular Meeting August 15, 2019 12. Adjournment Chair 01 MIN. Page 1 of 4 Approved Parks and Human Services Committee CC Parks Regular Meeting Minutes July 18, 2019 Date: July 18, 2019 Time: 5:00 p.m. Place: Chambers East Attending: Brenda Fincher, Committee Chair Satwinder Kaur, Councilmember Marli Larimer, Councilmember Agenda: 1. Call to Order 5:00 p.m. 2. Roll Call Attendee Name Title Status Arrived Brenda Fincher Committee Chair Present Satwinder Kaur Councilmember Absent Marli Larimer Councilmember Present 3. Changes to the Agenda 4. Approval of Minutes dated June 20, 2019 MOTION: Move to approve the Minutes dated June 20, 2019 RESULT: APPROVED [UNANIMOUS] MOVER: Marli Larimer, Councilmember SECONDER: Brenda Fincher, Committee Chair AYES: Fincher, Larimer ABSENT: Kaur 5. 2019 First and Second Quarter Fee-in-Lieu Funds – Authorize No further actions outside of motion to “Recommend to Council.” 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. 4 Packet Pg. 3 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 8 , 2 0 1 9 5 : 0 0 P M ( O P E N S E S S I O N ) Parks and Human Services Committee CC Parks Regular Meeting Minutes July 18, 2019 Kent, Washington Page 2 of 4 RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 8/6/2019 5:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Brenda Fincher, Committee Chair AYES: Fincher, Larimer ABSENT: Kaur 6. Recreation Conservation Office Grant Agreement for the Service Club Ballfields – Authorize No further actions outside of motion to “Recommend to Council.” 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. RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 8/6/2019 5:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Brenda Fincher, Committee Chair AYES: Fincher, Larimer ABSENT: Kaur 7. Provider Roundtable – Catholic Community Services Foster Home Program – Information Only Mockingbird and Catholic Community Services have implemented a model program to have children placed in foster homes in their community, reducing the need for extended travel to school that is not in their community. Other countries, such as Japan and Australia, are looking at this model to implement. The United Kingdom has adopted this program. Statistically, from February to May of 2019, the City of Kent has had 103 children removed from Kent, which is the highest removal rate in King County. The City of Kent also has the lowest numbers of foster families, which equates to about 85% of children were leaving their community. Mockingbird has a 92% foster care family retention rate. Looking for Foster Homes, and other organizations with whom they may share this information. You may contact Caitlin Sanders at 360-522-0733. A PowerPoint presentation and video were shared. 8. Reconsider Agenda Item 5 4 Packet Pg. 4 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 8 , 2 0 1 9 5 : 0 0 P M ( O P E N S E S S I O N ) Parks and Human Services Committee CC Parks Regular Meeting Minutes July 18, 2019 Kent, Washington Page 3 of 4 Motion on item 5 was incorrect. It listed Meridian Glen Park instead of Wilson Playfields and Chestnut Ridge Park. RESULT: APPROVED [UNANIMOUS] MOVER: Marli Larimer, Councilmember SECONDER: Brenda Fincher, Committee Chair AYES: Fincher, Larimer ABSENT: Kaur 9. Amend Item 5 New Motion to read: "Move to recommend Council 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." RESULT: APPROVED [UNANIMOUS] MOVER: Marli Larimer, Councilmember SECONDER: Brenda Fincher, Committee Chair AYES: Fincher, Larimer ABSENT: Kaur 10. Provider Roundtable – Salvation Army – Information Only Salvation Army is contracted by King County to provide outreach to homeless that are living in there vehicles for all of South King County, which is the largest growing segment (50%) of the homeless population. Very little funding was allocated for this population. King County put together a pilot program to address this inequity. The initial goal is to transition this population into permanent housing addressing stability first, then addressing other issues they may be facing by connecting them with additional resources they may need. Long term goal is connecting them to that community in which they reside to give them a sense of purpose, meaning, and belonging. Looking for those in the community to come out with them to engage in the program. Seeking hygiene (items specifically for females), socks, underwear. You may contact Mickey Jordan at 714-232-9868. You may also contact Christine Cain at 253-856-5063 in the Parks Human Services Division if you have items you would like to donate. 11. Provider Roundtable – Valley Cities – Information Only 4 Packet Pg. 5 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 8 , 2 0 1 9 5 : 0 0 P M ( O P E N S E S S I O N ) Parks and Human Services Committee CC Parks Regular Meeting Minutes July 18, 2019 Kent, Washington Page 4 of 4 Valley Cities has been providing services in mental healthcare to Kent seniors in collaboration and partnership with the Kent Senior Center for the last 15 years. Services provided include Social Support Group Individual Counseling Grief Support Group Be Well Workshops You may contact Deborah Mulein at 253-000-4444. 12. Director’s Report – Information Only Wednesday, July 17th, the Parks department Volunteer Recognition Event was held at the Kent Ice Center with almost 300 volunteers and their family members. For the summer the Parks department has day camps, summer playground programs with free lunches, Concert Series and Sports Camps to name a few. To find out more visit www.mykentparks.com 13. Adjournment p.m. Ronald Lashley Committee Secretary 4 Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 8 , 2 0 1 9 5 : 0 0 P M ( O P E N S E S S I O N ) PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE 220 Fourth Ave S Kent, WA 98032 253-856-5100 DATE: August 15, 2019 TO: Parks and Human Services Committee SUBJECT: Perkins Building Lease Agreement for City Storage - Authorize MOTION: Move to recommend council authorize the mayor to sign the 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 such time as it can be used. The city shall pay the Landlord the amount of $5,250 per month for the first two years of the agreement and $5,407.50 per month for the remaining three years of the lease. Currently, the city collects $1050, plus $55.00 (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. 5_190815-Perkins_Lease_Agreement-EXHIBIT (DOCX) 5 Packet Pg. 7 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 5.a Packet Pg. 8 At t a c h m e n t : 5 _ 1 9 0 8 1 5 - P e r k i n s _ L e a s e _ A g r e e m e n t - E X H I B I T ( 1 9 1 9 : P e r k i n s B u i l d i n g L e a s e A g r e e m e n t f o r C i t y S t o r a g e - A u t h o r i z e ) 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 5.a Packet Pg. 9 At t a c h m e n t : 5 _ 1 9 0 8 1 5 - P e r k i n s _ L e a s e _ A g r e e m e n t - E X H I B I T ( 1 9 1 9 : P e r k i n s B u i l d i n g L e a s e A g r e e m e n t f o r C i t y S t o r a g e - A u t h o r i z e ) 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 5.a Packet Pg. 10 At t a c h m e n t : 5 _ 1 9 0 8 1 5 - P e r k i n s _ L e a s e _ A g r e e m e n t - E X H I B I T ( 1 9 1 9 : P e r k i n s B u i l d i n g L e a s e A g r e e m e n t f o r C i t y S t o r a g e - A u t h o r i z e ) 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 5.a Packet Pg. 11 At t a c h m e n t : 5 _ 1 9 0 8 1 5 - P e r k i n s _ L e a s e _ A g r e e m e n t - E X H I B I T ( 1 9 1 9 : P e r k i n s B u i l d i n g L e a s e A g r e e m e n t f o r C i t y S t o r a g e - A u t h o r i z e ) 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 5.a Packet Pg. 12 At t a c h m e n t : 5 _ 1 9 0 8 1 5 - P e r k i n s _ L e a s e _ A g r e e m e n t - E X H I B I T ( 1 9 1 9 : P e r k i n s B u i l d i n g L e a s e A g r e e m e n t f o r C i t y S t o r a g e - A u t h o r i z e ) 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. 5.a Packet Pg. 13 At t a c h m e n t : 5 _ 1 9 0 8 1 5 - P e r k i n s _ L e a s e _ A g r e e m e n t - E X H I B I T ( 1 9 1 9 : P e r k i n s B u i l d i n g L e a s e A g r e e m e n t f o r C i t y S t o r a g e - A u t h o r i z e ) 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 5.a Packet Pg. 14 At t a c h m e n t : 5 _ 1 9 0 8 1 5 - P e r k i n s _ L e a s e _ A g r e e m e n t - E X H I B I T ( 1 9 1 9 : P e r k i n s B u i l d i n g L e a s e A g r e e m e n t f o r C i t y S t o r a g e - A u t h o r i z e ) 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 5.a Packet Pg. 15 At t a c h m e n t : 5 _ 1 9 0 8 1 5 - P e r k i n s _ L e a s e _ A g r e e m e n t - E X H I B I T ( 1 9 1 9 : P e r k i n s B u i l d i n g L e a s e A g r e e m e n t f o r C i t y S t o r a g e - A u t h o r i z e ) 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 5.a Packet Pg. 16 At t a c h m e n t : 5 _ 1 9 0 8 1 5 - P e r k i n s _ L e a s e _ A g r e e m e n t - E X H I B I T ( 1 9 1 9 : P e r k i n s B u i l d i n g L e a s e A g r e e m e n t f o r C i t y S t o r a g e - A u t h o r i z e ) 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. 5.a Packet Pg. 17 At t a c h m e n t : 5 _ 1 9 0 8 1 5 - P e r k i n s _ L e a s e _ A g r e e m e n t - E X H I B I T ( 1 9 1 9 : P e r k i n s B u i l d i n g L e a s e A g r e e m e n t f o r C i t y S t o r a g e - A u t h o r i z e ) 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 5.a Packet Pg. 18 At t a c h m e n t : 5 _ 1 9 0 8 1 5 - P e r k i n s _ L e a s e _ A g r e e m e n t - E X H I B I T ( 1 9 1 9 : P e r k i n s B u i l d i n g L e a s e A g r e e m e n t f o r C i t y S t o r a g e - A u t h o r i z e ) 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 5.a Packet Pg. 19 At t a c h m e n t : 5 _ 1 9 0 8 1 5 - P e r k i n s _ L e a s e _ A g r e e m e n t - E X H I B I T ( 1 9 1 9 : P e r k i n s B u i l d i n g L e a s e A g r e e m e n t f o r C i t y S t o r a g e - A u t h o r i z e ) 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 5.a Packet Pg. 20 At t a c h m e n t : 5 _ 1 9 0 8 1 5 - P e r k i n s _ L e a s e _ A g r e e m e n t - E X H I B I T ( 1 9 1 9 : P e r k i n s B u i l d i n g L e a s e A g r e e m e n t f o r C i t y S t o r a g e - A u t h o r i z e ) LEASE AGREEMENT – Page 14 of 14 (between the City of Kent and Perkins) 5.a Packet Pg. 21 At t a c h m e n t : 5 _ 1 9 0 8 1 5 - P e r k i n s _ L e a s e _ A g r e e m e n t - E X H I B I T ( 1 9 1 9 : P e r k i n s B u i l d i n g L e a s e A g r e e m e n t f o r C i t y S t o r a g e - A u t h o r i z e ) PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE 220 Fourth Ave S Kent, WA 98032 253-856-5100 DATE: August 15, 2019 TO: Parks and Human Services Committee SUBJECT: Kent Meridian Pool Lease Termination - Recommend MOTION: Recommend Council determine that the City can no longer feasibly operate the Kent Meridian Pool, recommend 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. SUMMARY: King County and Kent School District (KSD) 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 6 Packet Pg. 22 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. 6_198015-KM_Pool_Decommission-EXHIBIT_A (PDF) 2. 6_198015-KM_Pool_Decommission-EXHIBIT_B (PDF) 6 Packet Pg. 23 6.a Packet Pg. 24 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 25 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 26 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 27 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 28 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 29 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 30 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 31 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 32 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 33 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 34 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 35 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 36 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 37 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 38 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 39 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 40 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 41 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 42 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 43 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 44 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 45 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 46 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 47 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 48 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 49 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 50 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.a Packet Pg. 51 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ A ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 52 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 53 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 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) 6.b Packet Pg. 54 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 55 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 56 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 57 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 58 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 59 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 60 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 61 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 62 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 63 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 64 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 65 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 66 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 67 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 68 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 69 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 70 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 71 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) 6.b Packet Pg. 72 At t a c h m e n t : 6 _ 1 9 8 0 1 5 - K M _ P o o l _ D e c o m m i s s i o n - E X H I B I T _ B ( 1 9 2 0 : K e n t M e r i d i a n P o o l L e a s e T e r m i n a t i o n - R e c o m m e n d ) PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE 220 Fourth Ave S Kent, WA 98032 253-856-5100 DATE: August 15, 2019 TO: Parks and Human Services Committee SUBJECT: “Lannoye” Property Surplus and Restrictive Covenant Removal – Informational Only SUMMARY: Before property acquired for utility purposes can be sold, state law (RCW 35.94.040) requires that a public hearing first occur and that the surplus be authorized through a resolution adopted by Council. City staff recommends that property owned by the drainage utility and commonly referred to as the “Lannoye Property” be declared surplus and transferred to the Parks Department for use as replacement property to support conversion responsibilities triggered by the cooperative YMCA and Morrill Meadows Park development project. In exchange, the drainage utility will receive $978,000 from the Parks Department, which is the fair market value of the Lannoye Property as determined by an appraisal. The “Lannoye Property” consists of approximately 2.28 acres of land commonly known by King County Tax Parcel Nos. 2122059122, 2122059177, and 2122059099, and located on the East Hill of Kent. At the time Council originally authorized the purchase of the Lannoye Property in 2010, its authorizing motion indicated the property was “to be used as a detention pond site for the East Hill Operation Center.” To the extent this motion placed any restriction on how the Lannoye Property could be used by the City, a public hearing is required by state law (RCW 35A.21.410) before a change in that restricted use can be authorized. A public hearing is currently set before Council on September 3, 2019, to: (1) consider the potential surplus and transfer of the Lannoye Property to the Parks Department, upon the receipt of fair market value, and (2) consider whether to remove any use restriction that Council may have previously established that limited the Property’s use to drainage purposes. At the public hearing, staff will make a presentation of the details of the surplus, property transfer, and use restriction, and the public will be afforded an opportunity to comment. At the close of the hearing, if the Council supports the surplus, property transfer, and removal of restrictive covenants, it may adopt a resolution directing staff and the Mayor to proceed accordingly. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Sustainable Services 7 Packet Pg. 73 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE 220 Fourth Ave S Kent, WA 98032 253-856-5100 DATE: August 15, 2019 TO: Parks and Human Services Committee SUBJECT: Kronisch Property Surplus - West Hill Water Tank – Informational Only SUMMARY: At the July 2nd Kent City Council Workshop, Public Works proposed construction of a new water reservoir on the West Hill of Kent at an undeveloped City park property referred to as “Kronisch Property,” located at Military Road and South 248th Street. This water reservoir is needed to address a water storage and fire flow deficiency on the West Hill of the City’s water service area. The reservoir will ensure that residents and businesses have adequate water supply during peak demand, and provide the necessary fire flow storage for fighting fires. The additional water storage will also enable future development and redevelopment on the West Hill. This project is identified as a capital project in the City's Water System Plan and will result in additional projects, including construction of a new pump station and water transmission main. The pump station will be constructed near Veteran's Drive, east of the Green River, and the new water transmission main will connect the pump station to the new water reservoir via Veteran's Drive and Military Road. The undeveloped City-owned Kronisch Property was selected due to its location at the highest feasible elevation to provide adequate water pressure to the largest feasible service area. The Kronisch Property currently comprised of trees and grass and does not contain any park developments or recreation facilities. The proposed water tank will fill the undeveloped open space. The existing sidewalk which traverses the southern portion of the site will remain to provide pedestrian connectivity through the site to the adjacent streets and the nearby elementary school. On July 5th, 2019 City staff’s request for a Conditional Use Permit (CUP) for the construction of the water reservoir on the Kronisch Property was granted by the City’s Hearing Examiner. As part of the CUP process an open record hearing was held on June 19th, 2019 where City staff and the public were invited to testify. There were three parties who submitted comments to the hearing examiner, two 8 Packet Pg. 74 against the CUP, and one in favor. After considering the comments made, the hearing examiner granted the CUP. Before real property owned by the City can be declared surplus and sold, the Kent City Code provides for a public process. While it is unclear whether an internal reallocation of assets or a transfer of property between City departments triggers that process, City staff recommends the process be followed, which includes targeted mailings to area homes, publication of the hearing date and time, and posting of the site with notice of the hearing. Public Works Committee voted to have this property transfer appear on Council’s Consent Calendar Agenda at the August 6, 2019 meeting. The public hearing to discuss this will be held at the Council Meeting on September 3, 2019, in accordance with KCC 3.12.050. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Sustainable Services 8 Packet Pg. 75 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE 220 Fourth Ave S Kent, WA 98032 253-856-5100 DATE: August 15, 2019 TO: Parks and Human Services Committee SUBJECT: 2018 Human Services Investment Impact - Informational Only SUMMARY: Human Services funds were invested in 63 nonprofit community programs in 2018. These funds are then leveraged by our agency partners to provide services to low-income Kent residents in need of assistance. Agencies consistently provide far more service than City funds cover, and programs consistently meet contractual obgligations related to performance measures. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services 9 Packet Pg. 76 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE 220 Fourth Ave S Kent, WA 98032 253-856-5100 DATE: August 15, 2019 TO: Parks and Human Services Committee SUBJECT: House Bill 1406 Update – Informational Only SUMMARY: In the 2019 legislative session, the state approved HB 1406 as a local revenue sharing program for local governments by providing a local sales and use tax credit. The tax credit is in place for up to 20 years and it can be used for production, preservation and operation of affordable housing. Staff continue to evaluate options for how Kent can best utilize and leverage the funds in our community. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services 10 Packet Pg. 77 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE 220 Fourth Ave S Kent, WA 98032 253-856-5100 DATE: August 15, 2019 TO: Parks and Human Services Committee SUBJECT: Director’s Report – Informational Only SUMMARY: Julie Parascondola, Director of the Parks, Recreation and Community Services Department, will inform the committee of noteworthy information and upcoming events 11 Packet Pg. 78