HomeMy WebLinkAboutCity 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.
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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
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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
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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
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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)
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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
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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
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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
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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
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(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
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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.
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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
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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
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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
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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.
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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
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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
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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
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LEASE AGREEMENT – Page 14 of 14
(between the City of Kent and Perkins)
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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
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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. 6_198015-KM_Pool_Decommission-EXHIBIT_A (PDF)
2. 6_198015-KM_Pool_Decommission-EXHIBIT_B (PDF)
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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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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
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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
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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
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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
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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
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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
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