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HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 03/21/2022 (2) Public Works Committee • Monday, March 21, 2022 KEN T 4:00 PM WASHINGTON Chambers To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 834 9059 9095, Passcode: 727054 Chair Brenda Fincher Councilmember Satwinder Kaur Councilmember Marli Larimer ************************************************************** Item Description Action Speaker Time 1. Call to Order Chair 2. Roll Call Chair 3. Agenda Approval Chair 4. Business YES Chair 01 MIN. A. Approval of Minutes YES Approval of March 7, YES Chair 05 MIN. 2022 Minutes B. King County WaterWorks YES Rowena Valencia-Gica 05 MIN. Grant Agreement for Lake Fenwick Alum Treatment - Authorize C. Proposed Revision to YES Erik Preston 10 MIN. Residential Traffic Calming Program - Adopt D. Clark Springs Habitat YES Cheryl Rolcik-Wilcox 05 MIN. Conservation Measure - Purchase and Sale Agreement - Authorize Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Mondays of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Nancy Yoshitake at 253-856-5508, or email NYoshitakeCa)kentwa.gov, or Cheryl Viseth at 253-856-5504, or email Cviseth@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. Public Works Committee CC PW Regular Meeting March 21, 2022 5. Adjournment Chair Pending Approval Public Works Committee KENT CC PW Regular Meeting WA9H... Minutes March 7, 2022 Date: March 7, 2022 Time: 4:02 p.m. Place: Chambers Members: Brenda Fincher, Committee Chair Satwinder Kaur, Councilmember Marli Larimer, Councilmember N d Agenda: 1. Call to Order 4:02 p.m. o 2. Roll Call 'o 0 CL Attendee Name Title Status , Arrived a Brenda Fincher Committee Chair Present Satwinder Kaur Councilmember Remote o Marli Larimer Councilmember Present N N 3. Agenda Approval N 4. Approval of Minutes 1. Approval of Minutes dated February 7, 2022 0 The minutes of the February 7, 2022 Public Works Committee meeting were a approved without changes. MOTION: Move to approve the Minutes dated February 7, 2022 ai c RESULT: APPROVED [UNANIMOUS] 0. MOVER: Marli Larimer, Councilmember m SECONDER: Satwinder Kaur, Councilmember a AYES: Fincher, Kaur, Larimer r 0 5. Business ` 1. SCADA Communication Equipment Agreement with Accu-Comm, Inc. - Authorize Supervisory Control and Data Acquisition (SCADA) Tech, Ron Halverson noted that SCADA is a set of software and hardware components that allow the City to gather, monitor, record and process real-time data, then utilize the data to remotely direct pumps, valves, and motors to our 50 facilities. This contract is for the purchase of replacement communication equipment of the SCADA system, which is at the end of its service life. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page I of 6 Packet Pg. 3 Public Works Committee CC PW Regular Meeting March 7, 2022 Minutes Kent, Washington MOTION: I move to authorize the Mayor to sign an agreement with Accu-Comm, Inc., in the amount of $101,022.43, for the purchase of SCADA communication system components, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. RESULT: MOTION PASSES [UNANIMOUS] Next: 3/15/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Fincher, Kaur, Larimer in a� 2. Milwaukee II Levee Improvements Project - Amendment to Contract = for Property Negotiation and Relocation Services - Authorize 4- 0 Property Acquisition Analyst, Cheryl Rolcik-Wilcox noted that the City must acquire property from Amrik Commercial Rentals, conducting business as A-1 0 Pallets, located at 7752 S. 259t" St. (APN 000660-0082) ("Property") to a construct the Milwaukee II Levee Improvements Project ("Project"). The Q Project will reduce major flood risk impacts to roadways and properties in the Kent Valley. The City and the King County Flood Control District ("Flood o District") entered into an interlocal agreement on June 28, 2016, to cooperatively study available design alternatives for the Project and acquire N property needed to construct the Project. The agreement was amended on N September 10, 2020, to authorize the acquisition of additional property needed for the Project. 4- On September 7, 2018, the City signed a contract with Tierra Right of Way N Services, Ltd. ("Tierra") to provide acquisition and relocation services for properties needed for the Project, and later amended the contract to add services for the Signature Pointe Levee Improvements Project. While properties have been acquired and owners have been relocated under this contract, others have required additional funds to complete the acquisition a and relocation processes, as required under the Uniform Relocation Assistance and Real Property Policies Act of 1970 (49 CFR Part 24) ("Uniform Q Act"). a� r c Under the Uniform Act, the City is also required to make an offer to purchase an additional parcel owned and used to conduct the business of A-1 Pallets, located at 1100 5t" Avenue S. (APN 000660-0079) to the north of the Property. The acquisition and relocation of the A-1 Pallets Property is complicated due to the size of the Property and the complexity of the business. Tierra has already begun negotiating under the original contract and its previous amendments, but negotiations stalled, and the acquisition process was delayed while the amendment to the interlocal agreement with the Flood District was finalized and other Flood District matters took priority. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 2 of 6 Packet Pg. 4 Public Works Committee CC PW Regular Meeting March 7, 2022 Minutes Kent, Washington The City and the Flood District are now ready to move forward with the acquisition of the Property. Tierra has provided an estimate of $95,805.42 to complete these services. Together with the original contract and its amendments, this amendment will exceed the Mayor's authority to approve amendments collectively within 20% or $200,000 of the original contract. MOTION: I move to authorize the Mayor to sign a contract amendment for property acquisition and relocation services with Tierra Right of Way Services, Ltd., subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: MOTION PASSES [UNANIMOUS] Next: 3/15/2022 7:00 PM 1 g MOVER: Satwinder Kaur, Councilmember o SECONDER: Marli Larimer, Councilmember > AYES: Fincher, Kaur, Larimer a a 3. INFO ONLY: Upcoming Public Hearing and Council Action to Declare a Property Surplus and to Remove Restrictive Covenant a Property Acquisition Analyst, Cheryl Rolcik-Wilcox explained that the City o owns property adjacent to Washington Avenue that is needed to build a N stormwater pump station. The Washington Avenue South Stormwater Pump o Station Project ('Project") will replace an existing surface water pump station N that is currently located on the west side of Washington Avenue. The new pump station will have increased capacity and will be capable of providing surface water control to a larger service area. Additionally, the new pump c station will include features that have now become standard including a a backup power supply, remote telemetry, and improved automation and controls. a� WSDOT conveyed the Property to the City in 1986. The quit claim deed r conveying the Property stated that it was transferred to be used for street purposes and that any revenue received from the sale or lease of the property must be placed in the city street fund and used for street purposes. N Because the City no longer needs the entirety of the Property for street purposes, staff recommends that a portion of it be declared surplus to the = City's streets and transferred to the stormwater utility in order to build the Project. The portion of the Property that will remain in use for street purposes will be dedicated as right-of-way in a separate proposed ordinance. To effect this internal transfer and address the restrictive language within the quit claim deed, the City must complete the procedural steps required by the Kent City Code and state law. Surplus of the Property Chapter 3.12 of the Kent City Code governs the declaration of the City's real ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 3 of 6 Packet Pg. 5 Public Works Committee CC PW Regular Meeting March 7, 2022 Minutes Kent, Washington property as surplus. In particular, when the Council determines that specific property should be considered for surplus, the City must hold at least one informational public meeting and receive public comment. Prior to holding this meeting, the City must provide notice to the public at least 20 days prior to the public hearing. Internal Transfer of the Property The language on the deed restricting its use and conditions of any transfer of the property also triggers the requirements of RCW 35A.21.410. Specifically, this statute requires the City to hold a public hearing on the proposal to remove, vacate, or extinguish a restrictive covenant from property owned by ; the City before the action is finalized. 4- 0 Additionally, when property is reallocated from one department to another, state law requires that it be paid for at its true and full value. See RCW 0 43.09.210(3). For this reason, the drainage utility must pay the Street Fund a for the Property being transferred. Q Combined Public Hearing - March 15, 2022 0 The public hearings for these actions will be combined and have been set for March 15, 2022, at the City Council's regularly scheduled meeting. Staff has N provided notice to the public as required by KCC 3.12.050 and RCW N 35A.21.410. Following the public hearing, Council will consider the adoption of a resolution - that will declare the portion of the Property needed to complete the Project as surplus and authorize its administrative reallocation (or transfer) from Streets to the drainage utility. It will also authorize the removal of the use restriction on the portion of the Property to be reallocated. a� 4. Property Dedication Ordinance - Adopt r Property and Acquisition Analyst, Cheryl Rolcik-Wilcox noted that the Washington State Department of Transportation ("WSDOT") conveyed Q property adjacent to Washington Avenue (the "Property") to the City of Kent � on July 11, 1986 via quit claim deed ("Deed"). WSDOT acquired fee simple title to this Property through a Judgment and Decree of Appropriation in a condemnation lawsuit in 1968. The Deed then transferred all of the state's rights, title, and interest in the Property to the City. The Property is no longer needed for street purposes in its entirety. A portion of the Property is needed to build the Washington Avenue South Stormwater Pump Station Project ("Project"), and for this reason the City will transfer the Property to the City's drainage utility so that it may be used to build the Project. The remaining portion of this Property still needed for street purposes will be dedicated as right-of-way (the "Remaining Property"). ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 4 of 6 Packet Pg. 6 Public Works Committee CC PW Regular Meeting March 7, 2022 Minutes Kent, Washington The entirety of the Remaining Property will be dedicated as City right-of-way. Dedication of the Remaining Property will formally establish and define the boundaries of the right-of-way, which is necessary due to others who make use of City rights-of-way to install and maintain facilities, including utility, cable, and telecommunications providers, and other franchisees and licensees. Once the right-of-way is dedicated through Council's adoption of this ordinance, the City Clerk will be directed to record a certified copy of this ordinance with the King County Recorder's Office. MOTION: I move to adopt Ordinance No. 4426, dedicating as right-of- way a portion of City-owned property located to the east of Washington Avenue and to the south of South 2515t Street. o RESULT: MOTION PASSES [UNANIMOUS] Next: 3/15/2022 7:00 PM ° MOVER: Satwinder Kaur, Councilmember Q SECONDER: Marli Larimer, Councilmember AYES: Fincher, Kaur, Larimer a 0 5. INFO ONLY: Downey Farmstead Side Channel Salmon Habitat Restoration Project - Relinquishment of three easements and N removal of restrictive covenants on City property - Hearing set for N March 15, 2022 Cheryl Rolcik-Wilcox noted the Downey Farmstead Side Channel Salmon Habitat Restoration Project ("Project") is a salmon habitat and flood reduction c project that will create more than 1,800 linear feet of side channel habitat a and provide key floodplain habitat and storage along the Green River. The City of Kent entered into a grant agreement with the Washington State Recreation and Conservation Office for the Salmon Recovery and Funding r Board grant on September 16, 2020. This agreement requires any encumbrances that conflict with the salmon recovery goals of the Project to Q be removed. a� r Rolcik-Wilcox went on to note that there are three encumbrances that have = been identified as conflicting with the salmon recovery goals of the Project, and the City has been working to clear these encumbrances. They are described as river protection easements and are as follows: (1) easement on Parcel No. 232204-9028, King County Recording No. 20090528001279; (2) easement on Parcel No. 232204-9029, King County Recording No. 5913517; and (3) easement on Parcel No. 232204-9049, King County Recording No. 5919845. King County, as the beneficiaries of these easements, has agreed to relinquish all of its rights, title, and interest in these easements. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 5 of 6 Packet Pg. 7 Public Works Committee CC PW Regular Meeting March 7, 2022 Minutes Kent, Washington Pursuant to RCW 35A.21.410, any code city must hold a public hearing upon a proposal to remove, vacate, or extinguish a restrictive covenant from property owned by the code city before the action is finalized. One of these encumbrances contains such a restrictive covenant. Specifically, the River Protection Easement, Recording No. 20090528001279 on Parcel No. 232204- 9028 contains some restrictions regarding vegetation and other work the City may complete within this easement. Because this restrictive language triggers the requirements of RCW 35A.21.410, the City must hold a public hearing before extinguishing this restrictive covenant. a� Although the other two easements with recording numbers 5913517 and 5919845 are also called "river protection easements," they do not contain o restrictive language triggering the requirements of RCW 35A.21.410. They 6 instead simply grant rights of access to enter and construct and maintain L flood control works. 0. Q The City Council is holding a public hearing on March 15, 2022, at a regularly scheduled council meeting and invites comments regarding the City's o intention to extinguish the restrictive covenants on Parcel No. 232204-9028. 6. INFO ONLY: Republic Services o N Deputy Public Works Director, Kelly Peterson provided a brief update on ti negotiations with Republic Services regarding the labor dispute that impacted v waste collection on January 12, 13, and 14 of 2022. 0 Peterson also explained the solid waste rate structure noting that the City has a contractual adjustment with Republic Services that happens annually on April 1. a� If you have questions regarding your solid waste rates, when the next Team Q Up to Clean Up, or various Clean Up Event will take place, please contact a) Tony Donati TDonati@Kentwa.gov or call 253-856-5589. a 6. Adjournment 4:44 p.m. c The meeting was adjourned. CheyyLVLeth, Committee Secretary Page 6 of 6 Packet Pg. 8 4.6 PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5500 DATE: March 21, 2022 TO: Public Works Committee SUBJECT: King County WaterWorks Grant Agreement for Lake Fenwick Alum Treatment - Authorize MOTION: Move to authorize the Mayor to sign the King County WaterWorks Grant Agreement, in the amount of $150,000, for Lake Fenwick Alum Treatment, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: Lake Fenwick has been on the state's "303d list", the list of impaired waterbodies, for phosphorus pollution. Excess phosphorus comes mainly from stormwater inputs from the surrounding Lake Fenwick watershed. A "hypolimnetic aerator" - basically a large fish-tank bubbler, was installed in the lake in 1994 to help sequester phosphorus to reduce large algae blooms in the lake. However, the amount of phosphorus pollution currently in the lake exceeds the aerator's capacity. The City is retrofitting the aerator to increase the oxygen in the lake. To more effectively control algal blooms and improve the lake water quality, alum treatment can be combined with the aerator. Without the upgraded aerator and alum treatments, it is estimated the lake may become toxic in 10 years. Alum inactivates phosphorus to prevent toxic algal blooms. The proposed alum treatment can reduce phosphorus and algae by up to 70%. A low dose alum treatment was applied to Lake Fenwick in 2011. Recently, several Western WA lakes have been treated with alum yielding significant water quality improvements. The best time to apply alum is in the fall. This project is critical to reduce the risk of future harmful algae blooms and improve the recreational experience at Lake Fenwick Park. Lake Fenwick is a valuable and important natural resource for Kent, and this project helps protect a key resource for the community. BUDGET IMPACT: Grant funds will be placed in the Drainage Utility Fund and used to pay for a contractor to apply Alum to Lake Fenwick. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Packet Pg. 9 4.B Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. WaterWorks Draft Agreement (PDF) Packet Pg. 10 4.B.a a 2021 Waterworks Grant Program King County Grant Agreement Cover Page Grant Cycle: 2021 WaterWorks Council Allocated *44 Recipient: City of Kent � Project Name: Lake Fenwick Alum Treatment 2 0 Funding Amount: $15000.00 Project Summary: The project is to apply alum to Lake Fenwick, to inactivate phosphorus in the water and sediment, thereby decreasing cyanobacteria blooms and 0 making the lake safer for wildlife and recreation. A previous project supported with WaterWorks funds Y retrofitted Lake Fenwick's aerator. The alum oo treatment involves taking sediment cores to M determine the amount of phosphorus in the sediment, calculating the amounts of alum needed, E and applying the alum and sodium aluminate. a Primary Contact: Meara Heubach o Phone: 253-856-5549 Y L Email: mheubach@kentwa.gov 0 L Start Date: End Date: 10/31/2025 a Packet Pg. 11 4.B.a Waterworks Grant Program Grant Agreement AGREEMENT between City of Kent and KING COUNTY This is an Agreement between City of Kent, hereinafter the "RECIPIENT" and King County, a political subdivision of the state of Washington, hereinafter the "COUNTY." This Agreement is effective as of the date of the COUNTY signatory. y Y L 0 The purpose of this Agreement is to set forth the terms, conditions, and the legal and 3 administrative relations that apply to the RECIPIENT in exchange for financial assistance in carrying out a proposed project entitled Lake Fenwick Alum Treatment, hereinafter the "PROJECT." c 0 Section 1. Background and Recitals: c A. Proposed PROJECT benefit or improvement to water quality and/or the regional Y wastewater treatment system and its ratepayers: The project is to apply alum to Lake o Fenwick, to inactivate phosphorus in the water and sediment, thereby decreasing cyanobacteria blooms and making the lake safer for wildlife and recreation. A c previous project supported with WaterWorks funds retrofitted Lake Fenwick's E aerator. The alum treatment involves taking sediment cores to determine the CD amount of phosphorus in the sediment, calculating the amounts of alum needed, and a applying the alum and sodium aluminate. L B. The COUNTY plans and proposes to remunerate the RECIPIENT for the purpose e described in Subsection A above in an amount up to,but not exceeding $150,000.00, 0 hereinafter the "AWARD." as M C. This AWARD is made with the understanding that the RECIPIENT will complete the r PROJECT as outlined in the Scope of Work(Exhibit A) and will fulfill reporting a requirements as described under the Terms and Conditions of this Agreement. z D. The RECIPIENT plans to contribute to this PROJECT a cash and/or in-kind match a valued at$15,000.00, to be verified in submitted PROJECT reports. Section 2. Terms and Conditions: A. The PROJECT shall be in accordance with the tasks and activities specified in the Scope of Work(Exhibit A). Any modifications must be requested in an Agreement Amendment and be approved by the Director of the Wastewater Treatment Division(WTD) in the COUNTY's Department of Natural Resources and Parks. Agreement between City of Kent and King County Lake Fenwick Alum Treatment—2021 WaterWorks Council Allocated Page 1 Packet Pg. 12 4.B.a B. The COUNTY will, upon execution of this Agreement, establish procedures to allow payment to the RECIPIENT of all eligible expenses for approved activities up to the limit of the AWARD. Payments are on a reimbursement basis; except in some cases at the discretion of the COUNTY, where advances of the AWARD may be made. For all projects, the last payment will be withheld by the COUNTY until the final Quarterly Progress and Expense Reports and the Closeout Report are approved. C. The RECIPIENT's expenditures of AWARD funds shall be separately identified in the RECIPIENT's accounting records. If requested, the RECIPIENT shall comply with other i reasonable requests made by the COUNTY with respect to the manner in which PROJECT expenditures are tracked and accounted for in the RECIPIENT's accounting L books and records. The RECIPIENT shall maintain such records of expenditures as may 3 be necessary to conform to generally accepted accounting principles, and to meet the requirements of all applicable state and federal laws. M D. The COUNTY will reimburse RECIPIENT for expenses on a quarterly basis, following c receipt and approval of Quarterly Progress and Expense Reports. The final payment will 0 be held back until a close-out verifies fiscal and programmatic compliance with the terms c and conditions of the agreement. Y T oo 1. The RECIPIENT shall be responsible for submitting the following PROJECT M progress reports: Quarterly Progress and Expense Reports and the Final Narrative c and Financial Closeout Report; including backup documentation such as photos, copies of reports, and financial backup such as accounting software reports, CD copies of receipts. a 2. Quarterly Progress and Expense Reports shall be submitted through the online o system using the provided format and following instructions from Waterworks Y grant administrators. `o L a. The Quarterly Progress and Expense Reports are due thirty (30) days after the end of each quarter. a� b. If no expenses are made or no activities are conducted during a quarter, the form should still be submitted. a c. The expense section should detail expenses and include backup documentation of expenses. The narrative section should include documentation proving the project activities took place, such as photos, workshop agenda, volunteer sign in sheets, etc. 3. RECIPIENTS that receive approval for advance payments shall submit a request with an estimate of expenses for upcoming activities in the next two quarters, using the form provided. Subsequent advance requests may only be approved if Agreement between City of Kent and King County Lake Fenwick Alum Treatment—2021 WaterWorks Council Allocated Page 2 Packet Pg. 13 the RECIPIENT is up to date with reporting. Advances may be paid up to 90% of the total award, the remainder may be withheld until the Final Report has been submitted. 4. The Final Narrative and Financial Closeout Report shall be submitted online using the provided format and following instructions from the WaterWorks grant administrator and will include closeout documentation. a. The Closeout Report is due thirty (30) days after the end date of the PROJECT. c L E. Failure to submit the aforementioned Quarterly Report on the PROJECT progress within ninety (90) days of the due date may be cause for the COUNTY to terminate this L agreement for non-performance. Termination would require the return of any funds 3 advanced but not already spent executing the PROJECT, as well as forfeiture of AWARD ; funds for activities not completed by termination date. M F. Failure to provide all of the aforementioned documentation may result in the need to c withhold part or all of the AWARD. c� c G. Costs eligible for payment shall be limited to those costs identified in the Budget(Exhibit Y B) and incurred during the effective dates of this Agreement. oo M H. Any and all activities to be funded by this Agreement to the RECIPIENT shall be c completed by the end date of 10/31/2025. If needed, an Agreement Amendment may be m granted to extend the terms of the contract beyond the end date, adjust the scope of work, CD or change the budget details (but not increase the total AWARD amount), conditioned a upon approval by KING COUNTY. The extension must be requested and approved at least sixty(60) days in advance of the original end date. o I. The RECIPIENT agrees to acknowledge the COUNTY in all media, publications, and c signage that are produced as part of the PROJECT. This includes press releases,public CD service announcements,posters, flyers, signage, Web pages,blogs, and videos. The RECIPIENT will use the wording provided in Exhibit C of this Agreement(Credit and Disclaimers). E Section 3. Legal and Administrative Relations: a A. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles and to meet the requirements of all applicable state and federal laws. The RECIPIENT shall maintain and submit to the COUNTY any such records as the COUNTY may require to conduct any audit of the PROJECT it may elect to conduct or to substantiate expenditures paid for by this AWARD. The RECIPIENT shall maintain and retain books and records related to the Agreement for at least three (3) years after the termination of said Agreement. Agreement between City of Kent and King County Lake Fenwick Alum Treatment—2021 WaterWorks Council Allocated Page 3 Packet Pg. 14 4.B.a B. The COUNTY's financial assistance to the RECIPIENT shall be construed by the parties as a special disbursement to the RECIPIENT to fund activities, as described herein that generally benefit the COUNTY's efforts to leverage or complement the water quality mission of the regional wastewater system. The COUNTY's sole obligation under this agreement shall be to provide funds to the RECIPIENT and this agreement shall not be construed as a contract for services between the RECIPIENT and the COUNTY, or as establishing a principal agent relationship between the COUNTY and the RECIPIENT. No joint venture or partnership is formed as a result of this Agreement. C. The RECIPIENT shall be solely responsible for the recruiting, training, and supervision of its employees and volunteers. Individuals hired and paid by the RECIPIENT shall not, i in any event, be construed to be employees of, or contractors to, the COUNTY and the RECIPIENT shall defend, indemnify and hold harmless the COUNTY from any and all L claims arising from any contention that said individuals are employees of, or contractors 3 to, the COUNTY. This condition shall survive the termination of this Agreement. All actions undertaken under the funding provided by the terms of this agreement are, as M between the COUNTY and the RECIPIENT, the sole responsibility of the RECIPIENT. No employees, agents, volunteers, or contractors of RECIPIENT shall be deemed, or c represent themselves, to be employees of the COUNTY. c� c D. RECIPIENT agrees for itself, its successors, assigns or by others including, without Y limitation, all persons directly or indirectly employed by RECIPIENT, or any agents, oo contractors, subcontractors, consultants, subconsultants, volunteers, licensees or invitees M of RECIPIENT, to defend, indemnify, and hold harmless the COUNTY, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof for injury to persons, death, or CD property damage which is caused by, arises out of, or is incidental to RECIPIENT's a exercise of rights,privileges, and obligations under this Agreement, except for the COUNTY's sole negligence. RECIPIENT's obligations under this section shall include, o but not be limited to all of the following: (i) The duty to promptly accept tender of Y defense and provide defense to the COUNTY with legal counsel acceptable to the `o COUNTY at RECIPIENT's own expense; (ii) Indemnification of claims made by CD RECIPIENT's own employees or agents; and(iii) Waiver of RECIPIENT's immunity under the industrial insurance provisions of Title 51 R.C.W. but only to the extent necessary to indemnify the COUNTY, which waiver has been mutually negotiated by the Parties. E z In the event it is necessary for the COUNTY to incur attorney's fees, legal expenses, or a other costs to enforce the provisions of this section, all such fees, expenses, and costs shall be recoverable from RECIPIENT. The provisions of this Section 3.D shall survive the expiration, abandonment, or termination of this Agreement. E. Nothing in this Agreement shall be construed as prohibiting the RECIPIENT from undertaking or assisting projects developed outside the purview of this Agreement, or entering into agreements with other parties to undertake said projects in accordance with Agreement between City of Kent and King County Lake Fenwick Alum Treatment—2021 WaterWorks Council Allocated Page 4 Packet Pg. 15 4.B.a whatever terms and conditions may be agreed to between the RECIPIENT and other parties. F. The COUNTY shall be under no obligation to continue this agreement and may request partial or full reimbursement of payments it made to the RECIPIENT should the RECIPIENT fail to perform according to the terms and conditions of this Agreement, whether or not failure to perform is within the RECIPIENT's control. G. This Agreement may be amended at any time by written concurrence of the parties through a formalized Amendment Agreement Form and will terminate upon fulfillment of all obligations contained herein. i c� H. The COUNTY may terminate this Agreement immediately for cause. If this Agreement is L terminated the RECIPIENT shall return any unused portion of the funds advanced up to 3 the date of termination. d M I. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. c c.� J. In its performance under this Agreement the RECIPIENT shall not discriminate against any person on the basis of sex, race, color, marital status, national origin, religious Y affiliation, disability, sexual orientation, gender identity or expression, age except by oo minimum age, and retirement provisions, unless based upon a bona fide occupational M qualification, and the RECIPIENT shall not violate any of the terms of chapter c 49.60 RCW, Title VII of the Civil Rights Act of 1964, or any other applicable federal, d state, or local law or regulation regarding nondiscrimination in employment. CD L K. Authority: Representations and Warranties. Each signatory to this Agreement represents and warrants that he or she has full power and authority to execute and deliver this o Agreement on behalf of the entity for whom he or she is signing. Y L O L. Counterparts. This Agreement may be executed in counterparts, each of which shall be CD deemed an original, and all counterparts together shall constitute but one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile transmission, by electronic mail in"portable document format" (".pdf') form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the a original Agreement for all purposes. Signatures of the Parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. M. The effective date of this agreement is the date of COUNTY signatory. Agreement between City of Kent and King County Lake Fenwick Alum Treatment—2021 WaterWorks Council Allocated Page 5 Packet Pg. 16 4.B.a AGREEMENT SIGNATURE PAGE City of Kent by: Signature: Dana Ralph, Mayor 'L^ V Date: y Y L 0 d KING COUNTY by: 0 c.� Signature: Y Jim Bolger, Section Manager, Wastewater Treatment Division o M Date: c m E as • L a L L 0 (71 r E V a Agreement between City of Kent and King County Lake Fenwick Alum Treatment—2021 WaterWorks Council Allocated Page 6 Packet Pg. 17 4.B.a EXHIBIT A: SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT's activities to be performed under this agreement to complete the PROJECT. All activities in the following tasks, including deliverables, must be completed by the expiration date of this agreement unless otherwise modified through an Agreement Amendment Form and approved by the COUNTY in writing. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. c L Scope of Work: N Y L Task ° # Tasks and Activities Measurable Results/Deliverables Timeframe M 1 Project Coordination and Invoices and progress reports February Management/Contract 2022- c Administration February 'o 2025 2 Evaluation of Lake Fenwick See sub-tasks below February Y Conditions Pertaining to Alum 2022-June T Treatment 2022 o M 2a Evaluate Lake Fenwick Water Analysis of lake water quality conditions, and February m Quality Data potential internal loading of phosphorus 2022-June E (calculation of SRR for 2018-2021) that would 2022 impact the effectiveness of an alum treatment a Sediment Sampling and Analysis Sediment core data and a Technical Memorandum March- L 2b June 2022 L 2c Technical Memorandum Summary of findings of Task 2a and Task 2b March- C including tables/figures of Lake Fenwick water June 2022 quality data and analysis; Aluminum dose determined to inactivate mobile sediment hos horus � 3 Alum Treatment Planning & Estimated aluminum dose to inactivate mobile March- z Design sediment phosphorus; Alum and sodium aluminate June 2022 quantities for determined dose; Draft and Final a treatmentspecifications 4 Alum Treatment Cost Estimate Alum treatment cost estimate March-July 2022 5 Permitting Permits to implement the alum treatment March- June 2022 Agreement between City of Kent and King County Lake Fenwick Alum Treatment—2021 WaterWorks Council Allocated Page 7 Packet Pg. 18 4.B.a 6 Alum Treatment Construction Bid documents; Permit Documents; Contractor's June 2022 - Bidding and Permitting Support, observation reports; Water quality monitoring data; February and Project Monitoring Laboratory analysis reports; Technical 2025 memorandum c 'L^ V N Y L O d M I 0 V Y T oo 0 M C d E N • L a L L O L M r C� G V a Agreement between City of Kent and King County Lake Fenwick Alum Treatment—2021 WaterWorks Council Allocated Page 8 Packet Pg. 19 4.B.a EXHIBIT B: BUDGET Costs are limited to those approved by the COUNTY in the current Budget. Costs should be reasonable and necessary to carry out the task. All activities and PROJECT expenditures must be completed according to this agreement unless otherwise modified through an Agreement Amendment Form and approved by the COUNTY in writing. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. An Agreement Amendment must be completed and approved to change a scope of work, request i an extension, or if the budget expenditure category might deviate more than ten percent(10% of award total) for projects over$50,000; OR for projects less than or equal to $50,000, if the L change is greater than $5,000. For more information, contact your grant administrator. 3 L d A B C D E F G M WaterWorks CATEGORY SOURCE ITEMS: Description OF MATCH BUDGET Grant CASH IN-KIND SUBTOTAL o CATEGORY (rate/unit xquantity= Funding MATCH MATCH (Award+ (indicate if V total g Request Match) pending or 0)� secured) Y Staff salaries& benefits $0.00 r oo 0 Project Manager Staff salaries& (100hrs*$71.5); benefits(using Supervisor(10*$92.5); City of Kent Finance staff($44 $76); $15,000.00 $15 000.00 E billing or fully staff salaries burdened rates) Finance staff(44*$78); 0 Contracting Specialist L (2*$65) Q M Project supplies, materials, and $0.00 N equipment Y Commercial C services $0.00 Design, Installation and � Consultant/contra Project monitoring and $135,000.00 $135,000.00 ctor services support(Consultant and Contractor Services m Transportation $0.00 Other costs $0.00 v Project Subtotal $135,000.00 $0.00 $15,000.00 $150,000.00 Q Overhead $0.00 Grand TOTAL $135,000.00 $0m001 $15,000m001 $150,000.00 LME� Agreement between City of Kent and King County Lake Fenwick Alum Treatment—2021 WaterWorks Council Allocated Page 9 Packet Pg. 20 4.B.a EXHIBIT C: ACKNOWLEDGEMENTS AND DISCLAIMERS LQ1 King County Department of Natural Resources and Parks Wastewater Treatment Division c c� L Logo and logo standards: For electronic versions of the official logos and logo standards, contact your grant administrator. The above logo must be included on all printed documents L and electronic media produced in carrying out the PROJECT. This includes signage,posters, 3 documents, brochures, flyers, newsletters, newspaper advertising, Web pages, blogs, and videos. 2 M Credit for materials produced as part of the PROJECT: Acknowledge PROJECT funding by including the following sentence with the logo: c 0 This project is funded by the King County Wastewater Treatment Division c If your PROJECT has multiple funders, it can say: oo M This project is funded in part by the King County Wastewater Treatment Division c m E Disclaimer language: For items where opinions or advice or a list of organizations or businesses a are included in the copy (e.g., an interpretive panel, a guidebook, or a directory),please add the a following disclaimer sentence: M L The content herein does not constitute an endorsement by King County government, its Y employees, or its elected and appointed officials. 0 L CD M r E V a Agreement between City of Kent and King County Lake Fenwick Alum Treatment—2021 WaterWorks Council Allocated Page 10 Packet Pg. 21 4.B.a EXHIBIT D: AGREEMENT TERMS AND PROCEDURES ACKNOWLEDGMENT: Please acknowledge KING COUNTY in all written and electronic media(publications, signage,press releases, public service announcements, posters, flyers, Web pages, videos, PowerPoint presentations, etc.). Refer to Exhibit C for further information. ADVANCE: Advance payments are allowed in some cases at the discretion of the COUNTY; documentation of payments made from advances shall be submitted to the COUNTY and approved prior to any further payments of AWARD funds. AGREEMENT AMENDMENT: This document must be completed and approved to change a i scope of work, request an extension, or if the budget(Exhibit B) might deviate in any PROJECT cost categories by an amount equal to or greater than ten percent(10%) of the total AWARD L amount if the award is greater than $50,000, OR if the budget may deviate more than $5,000 for 3 projects less than$50,000. This form is available from your grant administrator. ; M BALANCE OF AWARD: Any amount of your AWARD not spent on this PROJECT, or not documented with approved backup documentation, must be returned to KING COUNTY, if an c advance was issued. c� c CLOSEOUT REPORT: This report documents the successful completion of the PROJECT Y according to the scope of work. The Closeout Report is due thirty (30) days after the end of your oo agreement period and must be submitted online, following instructions from the WaterWorks M grant administrator. This includes two sections: I. Financial Closeout documenting the records of expenditures for the PROJECT (reconcile your project expenses, award, cash, and in-kind match). CD 2. Narrative Closeout documenting the successful completion of the PROJECT a according to the scope of work. The final report will include a narrative, outreach materials, copies of communication materials, and tools created for and about the o PROJECT. Y L O ELIGIBLE CHARGES: Only expenses in the categories listed in the budget(Exhibit B) of this CD grant agreement can be covered by this AWARD and only up to the indicated amount without prior authorization. r as END DATE: The end of the time period to complete activities funded by this agreement. Any z activities or expenses incurred after this date cannot be reimbursed or covered by this agreement. a FINANCIAL RECORDS: Maintain a record of your expenditures to conform to generally accepted accounting principles. Retain records for at least three (3)years after the end date of your agreement. It is highly recommended that if you use a computer to track your project expenses you assign a code to this grant. If you keep track of your expenses manually, you will need to make copies of your receipts or other"manual" documents. This way, you will be able to document your expenses. Agreement between City of Kent and King County Lake Fenwick Alum Treatment—2021 WaterWorks Council Allocated Page 11 Packet Pg. 22 4.B.a MATCH: Keep track of cash and/or in-kind match amount as it is described in your budget (Exhibit B) because it must be documented in your Financial Closeout Report. MILESTONE: Milestones are considered significant actions or events marking important progress or change in the stage of development of the project. QUARTERLY REPORTS: This report includes two sections; a progress section that provides a status report on the progress of activities and tasks identified in the scope of work; and an expense section for reimbursement of costs each quarter. The quarterly reports are due thirty (30) days after the end of each quarter. Quarterly reports must be submitted even if no work was completed towards tasks or if no expenses were incurred during the quarter. i c� SCOPE OF WORK: Keep track of your activities as they relate to the scope of work you L provided(Exhibit A). You will have to document the progress when submitting your Quarterly 3 Reports and Closeout Report. ; M START DATE: The start date of this agreement (same as effective date) is the date of the COUNTY signatory. Expenses can be posted as of the start date of your agreement but not c sooner. Any work performed or costs incurred prior to the effective date of this agreement will 0 be at the sole expense of the RECIPIENT. T oo 0 M E d N • L a M L L 270 L CD M r C� G V a Agreement between City of Kent and King County Lake Fenwick Alum Treatment—2021 WaterWorks Council Allocated Page 12 Packet Pg. 23 4.B.a EXHIBIT E: FUNDING AUTHORITY The funding authority for this AWARD comes from the COUNTY, through its Department of Natural Resources and Parks, which operates a regional system of sewage treatment and conveyance facilities for which it collects charges from local governments. Said charges constitute the source of revenue for operation of the COUNTY's sewage treatment system. By agreement with said local governments, this revenue can be used only to fund expenditures that are related to the development, operation, maintenance, and replacement and improvement of said system. By budget authority, the COUNTY funds activities related to the regional water quality objectives advanced by the development of the sewage treatment system. c Ar 0 'L^ V N Y L d 0 V Y T 00 0 M C d E N • L a M L L O L M r C� G V a Agreement between City of Kent and King County Lake Fenwick Alum Treatment—2021 WaterWorks Council Allocated Page 13 Packet Pg. 24 4.0 PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5500 DATE: March 21, 2022 TO: Public Works Committee SUBJECT: Proposed Revision to Residential Traffic Calming Program - Adopt MOTION: I move to adopt a Resolution, repealing Resolution No. 2012 and amending the neighborhood process of the Residential Traffic Calming Program to revise voting thresholds. SUMMARY: The Residential Traffic Calming Program (RTCP), updated in June 2020, requires that 50% of mailed ballots must be returned and 67% of those returned ballots must vote "Yes" for a traffic calming proposal to pass. Transportation staff have found that the 50% return requirement is a particularly difficult threshold to achieve and that some residents are choosing not to vote rather than vote "No" if they do not support the proposal. This has led to only two out of five (40%) ballot proposals achieving the 50% return rate, while four out of five (80%) have exceeded the 67% approval rate. Over the last year, three ballot proposals have failed to reach 50% return rate, while two of them achieved over 78% approval. Staff recommends reducing the 50% return rate requirement for the neighborhood vote down to 33% in order to improve resident participation in the process and better serve neighborhood residents with regard to traffic calming. Staff also recommends lowering the 67% approval rate to 55%. Both measures should make it more possible to implement traffic calming for qualifying neighborhoods. BUDGET IMPACT: Residential Traffic Calming proposals are typically funded out of proceeds from the Solid Waste Utility Tax. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Resolution (PDF) Packet Pg. 25 4.C.a RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, repealing Resolution No. 2012 and amending the neighborhood voting 0- threshold of the Residential Traffic Calming a Program. c' c E M U RECITALS �a L A. Residential streets within the City of Kent have measurable r safety and community character impacts due to the speed and volume of through traffic. Through Resolution No. 1546, adopted on July 6, 1999, the City has addressed these impacts through the Residential Traffic Calming N 00 Program ("RTCP"). The City has made adjustments to the RTCP at various M times, most recently with the adoption of Resolution 1817 on October 20, o r 2009, and a complete program update by Resolution 2012 adopted on June c 6, 2020. r c a� B. Since its adoption on June 6, 2020, the new program has been a success, receiving 58 resident requests and conducting 17 studies with a neighborhood support. So far seven of those studies have met the initial threshold of the program with four of them confirmed and moving forward. C. Even though the new program has been successful, the City recognizes the need to revise how the neighborhood process is conducted, to achieve better outcomes that reflect what the majority of each neighborhood prefers. Residential Traffic Calming Program Packet Pg. 26 4.C.a NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Repealer - Resolution No. 2012. Resolution No. 2012 is hereby repealed in its entirety. SECTION 2. - Program Adopted. The City Council hereby adopts the Residential Traffic Calming Program (RTCP) attached as Exhibit A. E L SECTION 3. - Public Works Director Authorized. The Public Works o L a Director is hereby authorized to implement the RTCP and to adopt procedures and standard construction plans consistent with the principles set forth in E M this resolution and to deviate from specific standards when special circumstances so warrant. f° L SECTION 4. -Availability of Program Details. A copy of the RTCP shall be kept on file with the City Clerk and the Public Works Department. Brochures summarizing the RTCP will be made available to the public. N 00 0 M_ SECTION S. - Severability. If any one or more section, subsection, or c 0 sentence of this resolution is held to be unconstitutional or invalid, such 0 decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. a� E SECTION 6. - Ratification. Any act consistent with the authority and a prior to the effective date of this resolution is hereby ratified and affirmed. a SECTION 7. - Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. Residential Traffic Calming Program Packet Pg. 27 4.C.a SECTIONS. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. DANA RALPH, MAYOR Date Approved ATTEST: E L O L KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted a a� c E M U APPROVED AS TO FORM: �a L ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY .N a� o: N 00 O M C O r 7 O N O r C O E t v R Q Residential Traffic Calming Program Packet Pg. 28 4.C.a EXHIBIT A RESIDENTIAL TRAFFIC CALMING PROGRAM The City of Kent Residential Traffic Calming Program (RTCP) was first adopted in July of 1999. The program was established to guide City officials and inform residents about the processes for implementing traffic calming on residential streets. It was subsequently updated in 2009 (Resolution 1817) and again in 2020 (Resolution 2012). This update amends the neighborhood voting threshold to achieve better outcomes for each E neighborhood, better reflecting what the majority prefers. 0 L IL Program Elements E 1. Eligibility The RTCP is designed to address neighborhood traffic concerns on residential streets, both local streets and residential collector streets. 2. Request for Action :2 N Residents may contact City staff via letter, phone, email, or an online W form such as the Residential Traffic Calming Citizen Action Request 00 0 Form to request the installation of traffic calming measures. 0 r 3. Gathering Support o Early neighborhood engagement is key. A minimum of five residents W are required to initiate the process by filling out an online form or contacting City staff directly. a 4. City Response to Request for Action City staff will follow-up with the residents that initiated the request for action, typically within 48 hours, to discuss next steps. 5. Data Collection and Evaluation In consultation with the residents, the City Traffic Engineer will define the study area. The City will then conduct a traffic study to determine Residential Traffic Calming Program Packet Pg. 29 4.C.a if the minimum requirements are met to qualify for the installation of traffic calming devices. As part of the traffic study, points will be awarded based on characteristics of each street as outlined in Table 1, which assigns points based on the following factors: • Traffic Speeds: The 85t"-percentile of all vehicles in both directions over a 7-day minimum period, points awarded by the number of mph over the posted speed limit. • Average Daily Traffic (ADT) Volumes: The average E number of vehicles per day in both directions over a 7- a� day minimum period. a • Cut-Through Traffic: A measured imbalance where the = E ADT in one direction is 2.5 times greater than the other M direction. �a • Crash History: The most recent 5-year crash data from �a the WSDOT Crash Data Portal; points awarded for each as crash. a� Pedestrian Facilities: The typical presence of sidewalks • N or separated shoulder walkways. M • Park, School (K-12), or Transit Stop: The presence or c 0 proximity of these features or presence of a school 0 walking route on the study street. Use the highest scoring criteria from this section. a� E A minimum total score of 50 points is required to move forward with Q consideration of traffic calming measures. If the total score is less than 50 points, the City will work with the neighborhood to identify appropriate education and enforcement strategies. Residential Traffic Calming Program Packet Pg. 30 4.C.a Validation of Traffic Study Results If the minimum point threshold is met, a minimum of two speed studies, conducted at least 8 weeks apart, are required before moving forward with engineering recommendations. Traffic speeds and volumes in the second study must be within 10 percent of the original study to validate the results. If the speeds and volumes of the second study are not within 10 percent, a final third study will be conducted. Reconsideration of Requests for Action L 0 L Requests for action that were not successfully implemented in a c previous attempts will only be reconsidered in the following instances: E U • The proposal was not implemented due to budget constraints and the minimum points required continue to be met. a� • Traffic conditions have changed due to roadway N a� improvements or land use changes, as determined by the N City Traffic Engineer. M • At least 36 months have passed since the previous request r- 0 for action that failed to meet the minimum points required. 0 a� c a� E c� a Residential Traffic Calming Program Packet Pg. 31 4.C.a Table 1: Residential Traffic Calming Program (RTCP) Scoring Criteria Criteria Possible Points Traffic Speeds' Lower than the posted speed 0 0 - 0.9over 0 1.0 - 1.9 over 2 2.0 - 2.9 over 5 3.0 - 3.9 over 9 4.0 - 4.9 over 15 5.0 - 5.9 over 23 6.0 - 6.9over 31 7.0 - 7.9 over 37 8.0 - 8.9 over 42 9.0 - 9.9 over 46 10.0+ over 50 Average Daily Traffic (ADT) Volumes o Local Street a 0-400 ADT 1 c 401-600 ADT 5 E 601-800 ADT 10 M 801-1,000 ADT 15 v 1,001+ ADT 20 L Residential Collector Street ~ 0-1,000 ADT 1 r 1,001-1,500 ADT 5 1,501-2,000 ADT 10 2,001-2,500 ADT 15 2,501+ ADT 20 Cut-Through Traffic 0040 Average Daily Traffic in one direction is 2.5 times the other 15 M direction. c Crash History2 r Property Damage Only/No Apparent Injury 3 2 Possible Injury 6 r°n Minor Injury 9 Serious Injury 15 +: Fatality 30 Pedestrian Facilities F No sidewalks 5 c� Sidewalks only on one side of the street 3 a Sidewalks on both sides of the street 0 Park, School (K-12), or Transit Stop3 Street borders or features one of these 5 Street is on a designated school walk route 3 Not on a walk route, but within 1/4 mile4 of these 1 1 85tn percentile of all vehicles in both directions, over a 7 day period. The number of mph over the posted speed. Z WSDOT Crash Data Portal most recent 5 year range. Points awarded for each crash. 3 Take the highest scoring criteria from this section. 4 Distance to a park property, school property, or transit stop; measured along the street centerline. Residential Traffic Calming Program Packet Pg. 32 4.C.a 6. Implementation Staff will share the results of the traffic study with the residents and discuss strategies and next steps. Strategies include a combination of education, enforcement, and engineering. If the request for action meets the minimum points requirement and qualifies for traffic calming measures, the City will hold a neighborhood meeting to help determine the preferred types of traffic calming devices and their approximate location. L Education and Enforcement ° a a� c • Neighborhood Speed Watch Program E M • Radar Speed Trailer U iE • Traffic Enforcement ;a • Vegetation Code Enforcement (trim or remove) a� Engineering N • Chicanes/Slow Points M • Closure (full or partial) 0 • Curb Extensions 0 • Diverters • Lane Striping a� • Medians • Mini roundabout a • Neighborhood Entrance Treatments • Partial Closure • Raised Crosswalks • Blue Residential Area Signs 5 Must meet the requirements of Resolution 1931 - Adopting A Policy For Addressing Installation And Maintenance Of Crosswalk Markings Throughout The City Of Kent. Residential Traffic Calming Program Packet Pg. 33 4.C.a • Slow Points Chokers • Speed Dots • Speed Cushions • Speed Limit Pavement Markings • Stationary Radar Sign • Traffic Circles • Turn/Access Restrictions • General Parking Modifications E All traffic calming measures are subject to approval by the City Traffic 2- 0) Engineer, School District Transportation Department, Kent Police a Department, and the Fire Marshall. E M The Public Works Director has the discretion to move an application U iE forward or to address safety issues discovered outside of the RTCP process. r c as 7. Neighborhood Voting and Notification After the meeting, the City will mail a ballot to affected residents N 00 within the study area, allowing those residents to vote on the traffic M calming measures the City recommends be installed. The City requires o a 33% ballot return rate and a 55% majority approval of the returned c ballots before any traffic calming measures will be installed. Residents will be notified of the ballot results and, if applicable, the approximate E construction timeline. a 8. Installation City engineering staff will design the traffic calming measures and develop a plan to install them. Residential Traffic Calming Program Packet Pg. 34 4.C.a 9. Evaluation and Follow-up A follow-up study should occur at least 6 months after installation. Traffic speed and volume data should be collected and any change in traffic volumes and speeds on the treated streets documented. E L O L a a� c E M U v tv L d .N N� LPL N O O M C O r 7 O N N C N E M v cC Q Residential Traffic Calming Program Packet Pg. 35 4.D PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5500 DATE: March 21, 2022 TO: Public Works Committee SUBJECT: Clark Springs Habitat Conservation Measure - Purchase and Sale Agreement - Authorize MOTION: I move to authorize the Mayor to sign all documents necessary for the purchase of property located at 26010 and 26007 SE 269t" St, in Ravensdale (APN 252206-9104 and 2522-6-9068), from Clarence and Heidi McElderry, in an amount not to exceed $985,000.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City of Kent has been working to purchase property located at 26010 and 26007 SE 269t" Street, in Ravensdale (the "Property"). The City contacted the owners in 2021 to see if they would like to sell the Property. At that time, they were not interested, but the owners approached the City in February to advise they were preparing to sell the Property and were inquiring if the City was still interested. The City will be acquiring the Property, which is made up of two parcels with a combined total of 97,575 square feet and has a single-family residence with frontage along Rock Creek, for the fair market value of $985,000, as established by the City's review appraiser. This property will be used for the protection and preservation of the Rock Creek Watershed. Background: As agreed within the City of Kent's Clark Springs Water Supply System Habitat Conservation Plan, the City has committed substantial resources toward the protection, enhancement, and restoration of the Rock Creek Watershed, which supplies water to the Clark Springs Water Supply System. The goal of this project is to create, enhance and conserve valuable fish habitat in Rock Creek, while continuing the City's obligation to provide water to its customers. Acquiring this property will allow the City to set aside a portion of the property for the purpose of improving water quality and protecting salmon populations within Rock Creek just upstream of the City's main municipal water source. BUDGET IMPACT: $985,000 from the Clark Springs Habitat Conservations Measure project with funds already budgeted for this purpose. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 36 4.D ATTACHMENTS: 1. McElderry Purchase & Sale Agreement with Exhibits(PDF) Packet Pg. 37 4.D.a REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION as L This Agreement is entered between the CITY OF KENT, a Washington municipal corporation ("Buyer"), whose mailing address is 220 4th Avenue South, o Kent, Washington 98032-5895, and Clarence R. McElderry and Heidi A. McElderry, a� husband and wife ("Seller"), whose mailing address is 26010 SE 269th St., c 0 Ravensdale, WA 98051, for the sale and purchase of real property as follows: r 0 x 1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees a, c to sell, is known as King County Tax Parcel Number 2S2206-9104, approximately cn 47,045 square feet in size, and King County Tax Parcel Number 252206-9068, �a approximately 50,530 square feet in size, located at 26010 and 26007 SE 2691h St., M Ravensdale, WA, respectively (the "Property"). The Property is legally described in co M Exhibit "A" and depicted in Exhibit "B" x 2. EARNEST MONEY. Within 10 business days of mutual acceptance of w this Agreement, Buyer shall deposit with Fidelity National Title Insurance Company 3 (the"Escrow Agent"), the sum of One Hundred Fifty Thousand Dollars and NO/100ths ($150,000.00) in the form of a check or by wire transfer, as fully refundable earnest a a� money ("Earnest Money") to be applied toward the purchase price of the Property. a a� $125,000.00 of the Earnest Money shall be released to the Seller by the Escrow Agent y or before April 25, 2022, to be applied toward the acquisition of the Seller's new Ca property. If this agreement is terminated for any reason, the Earnest Money shall be L returned to Seller in full within 5 business days of termination. a L 3. PURCHASE PRICE. The total purchase price for the Property is Nine w Hundred Eighty-Five Thousand Dollars and NO/100ths ($985,000.00), which amount r c includes the Earnest Money, payable at Closing. r 4. CONTINGENCIES. This Agreement is contingent upon: Q Buyer's Initials seller's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page i of 9 Packet Pg. 38 4.D.a a. The Buyer authorization set forth in Section 18 of this Agreement and the other contingencies provided for throughout this Agreement. L b. No later than 10 business days after the date of mutual acceptance of as this Agreement, Seller shall deliver to Buyer, in a manner consistent with Section 17, a c a completed Real Property Transfer Disclosure Statement ("Disclosure Statement") in the form attached as Exhibit"C". If Seller fails to deliver the Disclosure Statement a� N by the required deadline, then unless Buyer waives this contingency in writing, the o U Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money in Escrow shall be immediately returned to Buyer. C L C. Within 5 business days of Buyer's receipt of the Disclosure Statement cn Y delivered in a timely manner from Seller, Buyer shall, in its sole and absolute U discretion, either approve and accept the Disclosure Statement or rescind this M CO CD Agreement by delivering to Seller a written rescission notice. If Buyer neither accepts nor delivers a written rescission notice, then Buyer will be deemed to have approved and accepted the Disclosure Statement, If Buyer delivers a written rescission notice, x w then this Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations under this Agreement, except that the Earnest 3 c as Money in Escrow shall be immediately returned to Buyer. E a� d. A feasibility study as follows: a i. Buyer shall have 60 days from the date of mutual acceptance of as this Agreement to determine, in Buyer's sole and absolute discretion, if the property Ca is feasible for the purposes and uses intended ("Feasibility Period"). The Feasibility Cn Period may be reduced if it is determined that a Phase II environmental assessment U is unnecessary. However, if it is determined that a Phase II environmental a L assessment is necessary, the full 50-day Feasibility Period will be required and further w extended as necessary. U ii. Buyer's feasibility study may include (but is not limited to) a a� Phase I and a Phase II environmental assessment, to determine if the Property is E feasible for the purposes and uses intended. r a Buyer's Initials Sellers Initials4k, Sellers Initials Real Estate Purchase and Sale Agreement Page 2 of 9 Packet Pg. 39 4.D.a iii. A Phase I environmental assessment generally will consist of a review of title of ownership and land use, review of geologic and hydrologic maps of the area, review of federal and state databases for known hazardous water generators or contaminated sites, and a site visit. If the Phase I review reveals the potential of a contaminated site, a Phase II environmental assessment may be o conducted, which generally will consist of on-site sampling, including the digging or boring of test holes for soil samples. BY EXECUTING THIS AGREEMENT, SELLER HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY ON TO THE PROPERTY FOR THE PURPOSE OF CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I AND IF NECESSARY, A PHASE II ENVIRONMENTAL ASSESSMENT. SELLER WILL BE _ NOTIFIE❑ IF A PHASE II ENVIRONMENTAL ASSESSMENT IS TO BE CONDUCTED. L a iv. Buyer agrees to conduct its feasibility study at its sole cost and Y expense; and if Buyer does not remove the feasibility contingency, then Buyer also L) agrees, if requested by Seller, to deliver to Seller copies of all information and co 0 documentation obtained by Buyer in connection with the feasibility study. If Buyer fails to notify Seller of its approval of the Property, in writing, on or before the expiration of the Feasibility Period, then this Agreement shall be terminated, and w neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, 3 except that the Earnest Money in Escrow shall be immediately returned to Buyer. Following any environmental assessment, Buyer agrees to return the property to its L original state (i.e., fill all boring holes, etc.). a a� e. This Agreement is also contingent upon insurability of title as addressed in in Section 5. Ca a� Should any of the contingencies provided for throughout this Agreement not U be met prior to Closing, then this Agreement shall terminate and neither Buyer nor a Seller shall have any further rights, duties or obligations hereunder, except that the a� Earnest Money in Escrow shall be immediately returned to Buyer. w U r S. CONVEYANCE AND CONDITION OF TITLE. The title to the Property E shall be conveyed by Seller to Buyer at Closing by Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Schedule B, Q paragraph(s) 1 through 10 of Fidelity National Title Insurance Company Order Buyer's Initials Seller's Initials� Seller`s In►tialsAt Real Estate Purchase and Sale Agreement Page 3 of 9 Packet Pg. 40 4.D.a Number 611310355, described in Exhibit "D", attached hereto and incorporated herein by this reference. All other special exceptions therein shall be removed from the Property on or before Closing. General exclusions and exceptions common to the area and not materially affecting the value of or unduly interfering with Buyer's reasonable use of the Property shall be permitted. All monetary encumbrances and 0 special exceptions listed in Exhibit "D other than those specifically noted above, shall be removed from the Property on or before Closing. y c 0 U 6. TITLE INSURANCE. At Closing, Buyer shall cause Fidelity National Title Insurance Company, who is also serving as Escrow Agent, to issue standard = coverage owner's policy of title insurance to Buyer in an amount equal to the total L a purchase price of the Property. For purposes of this Agreement, the following shall Y not constitute encumbrances or defects: rights reserved in federal patents or state L) deeds, building or use restrictions consistent with current zoning and utility and road co easements of record. If title cannot be made so insurable prior to Closing, unless Buyer elects to waive such defects or encumbrances, this Agreement shall terminate and the Earnest Money shall be immediately returned to Buyer. w 3 7. CLOSING COSTS AND PRO-RATIONS. The Earnest Money, and Excise Tax, if applicable, shall be paid by Buyer, except for those fees which are L expressly limited by federal regulations. Buyer shall pay all recording costs, title a insurance premium, the costs of any survey, and the fees and expenses of its consultants. Taxes for the current year, rents, interest, water, sewer and other utility xs a� charges, if any, shall be paid by Seller, and prorated as of the day of Closing, unless U otherwise agreed. a 8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, every reasonable effort will be made to U close this sale by 5:00 PM on May 31, 2022. However, if completion of the m environmental assessment is required under Section 4.d., the parties agree to E extend the Closing date to allow for the completion of the environmental r assessment. In addition to the Mayor, the Public Works Director for the City is also Q Buyers Initials seller's initials AV sellers initials Real Estate Purchase and Sake Agreement Page 4 of 9 Packet Pg. 41 4.D.a authorized to extend Closing on behalf of the City. When notified, the Buyer and Seller will deposit, without delay, in escrow with Escrow Agent, all instruments and monies required to complete the transaction in accordance with this Agreement. Closing, for the purpose of this Agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seiler. o i? 9. CASUALTY LOSS. If, prior to Closing, improvements on the Property are destroyed or materially damaged by fire or other casualty, this Agreement, at option of the Buyer, shall become null and void. r x 10. POSSESSION. Buyer shall be entitled to possession on Closing. Q Y L 11. SELLER'S REPRESENTATIONS. Seller represents: a. that Seller will maintain the Property in present or better condition until co 0 time of agreed possession; b. that Seller has no knowledge of notice from any governmental agency of any violation of laws relating to the Property except: w 3 and C. that Seller is in possession of the Property and the Property is not L subject to any lease or rental agreements. a a� 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents Ca a� that, to the best of Seller's knowledge, Seiler is not aware of the existence of, or has U caused or allowed to be caused, any environmental condition (including, without a limitation, a spill, discharge or contamination) that existed as of and/or prior to a� Closing or any act of omission occurring prior to Closing, the result of which may w require remedial action pursuant to any federal, state or local law or may be the basis for the assertion of any third party claims, including claims of governmental entities. E This provision shall survive Closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. Q Buyer's Initials sellers Initialsio Seller's Initial. Real Estate Purchase and Sale Agreement Page 5 of 9 Packet Pg. 42 4.D.a 13. SELLER'S INDEMNITIES; Seller agrees to defend, indemnify, and hold harmless the Buyer, against and in respect of, any and all damages, claims, losses, liabilities,judgments, demands, fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Buyer, o or asserted against Buyer, by any other party or parties (including, without limitation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to Closing, including the exposure of any person c°� to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller's predecessors in = interest. This indemnity shall survive Closing and be in addition to Seller's obligation Q for breach of a representation or warranty as may be set forth herein. Y L U 14. DEFAULT AND ATTORNEY'S FEES. 00 0 a. Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be limited to damages against Buyer in the liquidated amount of the Earnest Money previously paid by the Buyer. Buyer and Seller intend that this amount w constitutes liquidated damages and so as to avoid other costs and expenses to 3 either party in connection with potential litigation on account of Buyer's default. Buyer and Seller believe this amount to be a fair estimate of actual damages. L b. Seller's Default. If Seller defaults hereunder, Buyer shall have all the a a� rights and remedies available at law or in equity. in C. Attorney's Fees and Costs. In the event of litigation to enforce any of a� the terms or provisions herein, each party shall pay all its awn costs and attorney's v fees. d L 15. NOTICE TO SELLER. This form contains provisions for an agreement w for the purchase and sale of real estate. Buyer makes no warranty or representation r of any kind that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects the laws of the State of Washington at the time Seller enters into the Agreement. THIS Q AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS Buyer's Znit►als Seller's Initials—aC Seller's Initials Real Estate Purchase and Sale Agreement Page 6 of 9 Packet Pg. 43 4.D.a ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. a� L 16. NON-MERGER. The terms, conditions, and provisions of this Agreement shall not be deemed merged into the deed, and shall survive the Closing c and continue in full force and effect. ° a� N 17. NOTICES. All notices required or permitted to be given hereunder shall 0 be in writing and shall be sent U.S. certified mail, return receipt requested, or by r facsimile transmission addressed as set forth below: _ (a) All notices to be given to Buyer shall be addressed as follows: c L Q City of Kent Y Attn: Cheryl Rolcik-Wilcox Property & Acquisition Analyst 220 Fourth Avenue South co Kent, WA 98032 M CRolcik-Wilcox@KentWA.gov Fax: 253-856-6500 x And to: w City of Kent 3 Attn. City Clerk 220 Fourth Avenue South aEi Kent, WA 98032 CityClerk@KentWA.gov a Fax: 253-856-6725 (b) All notices to be given to Seller shall be addressed as follows: Ca ° Clarence R. and Heidi A. McElderry U 26010 SE 269t" St. a Ravensdale, WA 98051 a� (c) All notices to be given to Escrow Agent shall be addressed as follows: U r Fidelity National Title Insurance Company 3500 1881" St. SW, Ste. 300 E Lynnwood, WA 98037 Attn: Brenda McCoy/Bill Fisher/Paula Luxmore Q Email: Unit2@fnf.com Buyer's Initials Seller's Initlals� Seller's Initials Real Estate Purchase and Sale Agreement Page 7 of 9 Packet Pg. 44 4.D.a Phone: 425-771-3031 Either party may, by written notice to the other, designate another address for the L giving of notices as necessary. All notices will be deemed given on the day such notice as is personally served, or on the slate of the facsimile transmission, or on the third day c following the day such notice is mailed in accordance with this section. a� N 18. CITY COUNCIL ACTION. Seller acknowledges that the closing of the 0 transaction contemplated by this Agreement (the "Closing") is expressly conditioned r on the City of Kent City Council's (the "City Council's") prior authorization to buy the = Property under this Agreement ("Council Authorization"), which may or may not be c L granted in the City Council's sole discretion. The City of Kent shall not be liable or cn Y obligated for any burden or loss, financial or otherwise, incurred by Seller as a result U of the City Council's modification of the final terms and conditions of this Agreement, 00 or the City Council's failure to grant the Council Authorization, a. Seller's Waiver. Seller expressly waives any claim against the City of Kent and its elected officials, officers, employees, representative and X w agents for any burden, expense or loss which Seller incurs as a result of the City Council's failure to grant the Council Authorization. as E as as 19. ENTIRE AGREEMENT. This Agreement, including all incorporated a exhibits, constitutes the full understanding between Seller and Buyer. There have been no oral or other agreements that modify this Agreement. Ca a� 20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding U upon parties hereto and their respective heirs, successors and assigns; and the a L terms, conditions and provisions of this Agreement shall survive the Closing of this transaction. U a� 21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, E the date of mutual acceptance shall be the last date on which the parties to this r a Agreement have executed this Agreement as indicated below, Buyer's Initials Seller's Initials Seller's Initials' Real Estate Purchase and Sale Agreement Page 8 of 9 Packet Pg. 45 4.D.a 22. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on March 21, 2022, to accept the Agreement as written, by delivering a signed copy thereof to the Buyer or Buyer's agent. If Seller does not so deliver a signed copy within this period, this Agreement shall lapse and all right of the parties hereunder shall o terminate. a s' a� N C IN WITNESS WHEREOF, the parties hereto have executed this Agreement on c°� the date set forth below. x BUYER: c CITY DE KENT a Y L U M co Name: Dana Ralph Title: Mayor Dated: x w 3 c m SELLER: L Q N Ca Name: Clarence R. McElderr a� Dated: G 5- U L Name: Heidi A. McElderry w Dated: ,7--17 � a� E a Buyer's Initials Sellers Initial40 Sellers Initials hE Real Estate Purchase and Sale Agreement Page 9 of 9 Packet Pg. 46 4.D.a EXHIBIT "A" Legal Description For APNIParcel ID s : 252206-9104-05 and 252206-9068-09 PARCEL A: m L LOT D OF KING COUNTY SHORT PLAT NO. 574019, RECORDED UNDER RECORDING NUMBER 7512230625, IN KING COUNTY,WASHINGTON; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THE SOUTH 30 FEET OF o NORTH QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25,TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., AND OVER THE NORTH 30 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST to QUARTER OF SAID SECTION 25; o EXCEPT THE EAST 30 FEET THEREOF; v r TOGETHER WITH AN EASEMENT FOR'INGRESS AND EGRESS OVER AND ACROSS THE WEST 30 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER,THE EAST 30 FEET OF THE WEST x HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE WEST 30 FEET OF THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER LYING SOUTH Q OF THE KENT KANGLEY ROAD,ALL IN SECTION 25, TOWNSHIP 22 NORTH, RANGE 6 EAST,W.M. N Y L PARCEL B: f° L) LOT D OF SHORT PLAT NO.574020, RECORDED OCTOBER 30,1975 UNDER RECORDING NO.7510300475; BEING 00 A PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE Q SOUTHWEST QUARTER OF SECTION 25,TOWNSHIP 22 NORTH, RANGE 6 EAST, W.M., IN KING COUNTY WASHINGTON,- TOG ETH ER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS DELINEATED BY INSTRUMENTS x UNDER RECORDING NOS. 7307030286 AND 7309270531; w EXCEPT THAT PORTION WITHIN ABOVE PARCEL A. 3 c SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. m m L Q t/! 06 V L L W CV G d E V a Subdivision Guaranteelcertificate Printed: 02.11.22 @ 09:56 AM Page 3 WA-FT-FTMA-01530.610051-S PS-1-22-611310335 Packet Pg. 47 4Da ■ � � .-- \ se --- § $ � § i - \ 74 § rl k / � a � P LU � E m g � � M k > � x w � � $a = � (_!! � {ff!( � E \ ) \N § /, #2E7 k z.J9$ )\7$} � \\\ � u ($; 2q$ !V, 92 $ \- 2 2\���Q =2Jzb !$.9 �)f�75 \ It I k±IaI9\4 Packet P$ 48 4.D.a EXHIBIT C I. SELLER'S DISCLOSURES: *If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an N attached sheet. a� 1. TITLE o 6C] [ ] [ ] Don't know A. Do you have legal authority to sell the property? If no, Yes No please explain. [ ] [Xl [ ] Don't know *B. is title to the property subject to any of the following? a� Yes No 0 (1) First right of refusal L) (2) Option (3) Lease or rental agreement (4) Life estate? a� C ] [X] [ ] Don't know *C. Are there any encroachments, boundary agreements, or 0 Yes No boundary disputes? �- [�] [ ] { ] Don't know *D. Is there a private road or easement agreement for access to Y Yes No the property? Both 262nd SE and SE 269th St are Private Roads a [ ] PC] C 1 Don't know *E. Are there any rights-of-way, easements, or access limitations c) Yes No that may affect the Buyer's use of the property? M ]K] [ ] [ ] Don't know *F. Are there any written agreements for joint maintenance of an M Yes No easement or right-of-way?There is a Road maint. agreement recorded w/King Co �- [ ] [xJ [ ] Don't know *G. Is there any study, survey project, or notice that would Yes No adversely affect the property? [ ] [Xl [ ] Don't know *H. Are there any pending or existing assessments against the w Yes No property? LU [ ] {7C] [ ] Don't know *I. Are there any zoning violations, nonconforming uses, or any 3 Yes No unusual restrictions on the property that would affect future }, construction or remodeling? [ ] [ [ ] Don't know *J. is there a boundary survey for the property? E m Yes No [ ] 1K] [ ] Don't know *K. Are there any covenants, conditions, or restrictions recorded a Yes No against the property? Ca a, 2. WATER a� A. Household Water (1)The source of water for the property is: i M Private or publicly owned water system a [ ] Private well serving only the subject property *[ ] Other water system [ ] [ ] Pg Don't know *If shared, are there any written agreements? Yes No w U [ ] [ ] Pq Don't know *(2) Is there an easement (recorded or unrecorded) for access to Yes No and/or maintenance of the water source? Don't know *(3) Are there any problems or repairs needed? Yes No r DATE: SELLER: SELLER: Seller's Disclosure Statement- Page 2 of 9 Improved Ver. Effective 3-10-20 Packet Pg. 49 4.D.a EXHIBIT C INSTRUCTIONS TO THE SELLER Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA." If the answer is "yes" to any * items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business days, unless otherwise agreed, after mutual acceptance of a 0 written contract to purchase between a buyer and a seller. a� NOTICE TO THE BUYER 0 THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE v PROPERTY LOCATED AT 26010 and 26007 SE 269t'` St., Ravensdafe, WA 98051 ("THE f° r PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A. x SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE Q TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER N OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE V AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED 00 DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR M AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE x ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER w AND SELLER. 3 FOR A MORE: COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED E EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL Q PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFE55tONAL ADVICE OR INSPEC-HONS Or THE PROPERTY OR TO PROVIDE APPROPRIATE N PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, Ca DEFECTS OR WARRANTIES. N Seller is/ is not occupying the property. i 0 a L ILI CV G d E V n a DATE: IC SELLER: SELLER: Seller's Disclosure Statement- Page 1 of 9 Improved Ver. Effective 3-10-20 Packet Pg. 50 4.D.a EXHIBIT C DO ( ] [ ] Don't know (4) During your ownership, has the source provided an adequate Yes No year-round supply of potable water? If no, please explain. Don't know *(5) Are there any water treatment systems for the property? If Yes No yes, are they [ ]Leased [ ]Owned [ ] D4 [ ] Don't know *(6) Are there any water rights for the property associated with Yes No its domestic water supply, such as a water right permit, certificate, or claim? c [ ] [ ] I ] Don't know (a) If yes, has the water right permit, certificate, or claim been Yes No assigned, transferred, or changed? *(b) If yes, has all or any portion of the water right not been y used for five or more successive years? o [ ] [ ] [ ] Don't know *(7) Are there any defects in the operation of the water system v Yes No (e.g. pipes, tank, pump, etc.)? a B. Irrigation Water [ ] [A I ] Don't know (1) Are there any irrigation water rights for the property, such as = Yes No a water right permit, certificate, or claim? I ] E ] [ ] Don't know Na) If yes, has all or any portion of the water right not been L Yes No used for five or more successive years? cn [ ] C ] [ I Don't know *(b) if so, is the certificate available? (if yes, please attach a Yes No copy.) V [ ] [ ] [ ] Don't know *(c) If so, has the water right permit, certificate, or claim been Yes No assigned, transferred, or changed? Co [ ] [ ] E ] Don't know *(2) Does the property receive irrigation water from a ditch Yes No company, irrigation district, or other entity? If so, please identify N the entity that supplies water to the property: C. Outdoor Sprinkler System I ] ( [ ] Don't know (1) Is there an outdoor sprinkler system for the property? w Yes No [ ] [ ] [ ] Don't know *(2) If yes, are there any defects in the system? 3 Yes No c [ ] [ ] [ ] Don't know *(3) If yes, is the sprinkler system connected to irrigation water? E Yes No m L 3. SEWER/ON-SITE SEWAGE SYSTEM Q a� A_ The property is served by: [ ] Public sewer system, N VJ On-site sewage system (including pipes, tanks, drainfie€ds, 06 and all other component parts) [ ] Other disposal system, please describe: I ] I ] I l Don't know B. If public sewer system service is available to the property, is Yes No the house connected to the sewer main? If no, please explain. a- [ ] VJ [ ] Don't know *C. Is the property subject to any sewage system fees or charges Yes No in addition to those covered in your regularly billed sewer or on- site sewage system maintenance service? w D. If the property is connected to an on-site sewage system: U [ ] [ ] [)(] Don't know *(1) Was a permit issued for its construction, and was it Yes No approved by the local health department or district following its m construction? E a DATE.6 1202L SELLER: c SELLER: Seller's Disclosure Statement- Page 3 of 9 Improved Ver.Effective 3-10-20 Packet Pg. 51 4.D.a EXHIBIT C (2) When was it last pumped? Don't remember guess about 12 years ago [ ] [ ] Don't know *(3) Are there any defects in the operation of the on-site sewage Yes No system? N DQ Don't know (4) When was it last inspected? Inspected when pumped as By wham: Don't remember the name of the company o [)(] Don't know (5) For how many bedrooms was the on-site sewage system c approved? 3 bedrooms Assume 3 c tX] ( ] [ ] Don't know E. Are all plumbing fixtures, including laundry drain, connected V Yes No to the sewer/on-site sewage system? If no, please explain: . . . . ( ] ] [ ] Don't know *F. Have there been any changes or repairs to the on-site Yes No sewage system? [ [ ] [ ] Don't know G. Is the on-site sewage system, including the drainfield, located Yes No entirely within the boundaries of the property? If no, please explain. a Y [ ] [X] [ ] Don't know *H. Does the on-site sewage system require monitoring and Yes No maintenance services more frequently than once a year? L) M NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT 15 BEING c COMPLETED FOR NEW CONSTRUCTION WHICH HAS FEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM 5. SYSTEMS AND FIXTURES x 4. STRUCTURAL w ( ] P [ ] Don't know *A. Has the roof leaked within the last five years? Yes No 3 Y [ ] [X] [ ] Don't know *B. Has the basement flooded or leaked? Crawlspace to my knowledge no Yes No E Don't know *C. Have there been any conversions, additions, or remodeling? m Yes No a [ ] 6 [ ] Don't know *tl) If yes, were all building permits obtained? Yes No is [ ] [ ] [ ] Don't know *(2) if yes, were all final inspections obtained? N Yes No °a a� Don't know D. Do you know the age of the house? If yes, year of originat Yes No construction: From everything we can tell 197 U t ] M t ] Don't know *E. Has there been any settling, slippage, or sliding of the 3 Yes No property or its improvements? a [ ] [ ] [ ] Don't know *F. Are there any defects with the following: (If yes, please check ' Yes No applicable items and explain.) ❑ Foundations Decks Some cedar needs replaced[] Exterior Walls w M ❑ Chimneys ❑ Interior Walls ❑ Fire Alarm m E t a DATE: SELLER: EllyE SELLER: Seller's Disclosure Statement- Page 4 of 9 Improved Ver. Effective 3-10-20 Packet Pg. 52 4.D.a EXHIBIT C ❑ Doors XI Windows 4 window seals failed ❑ patio 3 with mclts ❑ Ceilings ❑ Slab Floors ❑ Driveways a, L ❑ Fools ❑ Hot Tub ❑ Sauna f° a� ❑ Sidewalks ❑ Outbuildings ❑ Fireplaces 0 0 c� ❑ Garage Floors ❑ Walkways ❑ Siding a� N C ❑ Other ❑ Woodstoves ❑ Elevators o U ❑ incline Elevators p Stairway Chair Lifts ❑ Wheelchair Lifts x [ I PC] [ ] Don't know *G. Was a structural pest or"whole house" inspection done? If Yes No yes, when and by whom was the inspection completed? . . . . L Don't know H. During your ownership, has the property had any wood cn Yes No destroying organism or pest infestation? L DC] [ I [ ] Don't know I. Is the attic insulated? Needs additional insulation Yes No V Don't know J. Is the basement insulated? Poorly insulated if at all00 Yes No M 5. SYSTEMS AND FIXTURES *A. If any of the following systems or fixtures are included with the transfer, are there any defects? If yes, please explain. w [ ] [74 [ ] Don't know Electrical system, including wiring, switches, outlets, and service Yes No 3 [ I M t ] Don't know Plumbing syystem, including pipes, faucets, fixtures, and toilets Yes No Some plumbing not completed master bath [ ] [Xl [ ] Don't know Hot water tank as Yes No [ ] pq [ ] Don't know Garbage disposal a Yes No p(] [ ] Don't know Appliances ❑lder t)ut work cn Yes No oa [ ] C l [ ] Don't know Sump pump NIA Yes No [ ] K] [ ] Don't know Heating and cooling systems Yes No a- [ ] [X] [ ] Don't know Security system Yes No DI Owned [ ] Leased Other . . . . w *B. If any of the following fixtures or property is included with the U transfer, are they leased? (If yes, please attach copy of lease.) r [ ] CX7 ( ] Don't know 5ecurlty system . . . . . .XfiriitY m Yes No E t r - a DATE:es SELLER: YQ1111A SELLER: Seller's Disclosure Statement- Page 5 of 9 Improved Ver. Effective 3-10-20 Packet Pg. 53 4.D.a EXHIBIT C [ ] [(] [ ] Don't know Tanks [type]: . . . . . . Yes No [ l DQ [ 1 Don't know Satellite dish Yes No Other: . . . . . . *C. Are any of the following ]finds of wood burning appliances present at the property? [ ] 6C] [ ] Don't know {1} Woodstove? Masonry woodstove backup in living room with chimney o Yes No No woodstove [ ] DC] [ ] Don't know (2) Fireplace insert? Yes No to l Don't know (3) Pellet stove? o Yes No V Don't know (4) Fireplace? Yes No pC] [ ] [ ] Don't know If yes, are all of the (1) woodstaves or (2) fireplace inserts Pellet Stove = Yes No certified by the U.S. Environmental Protection Agency as clean burning appliances to improve air quality and public health? Q CA f ] [ ] Don't know D. Is the property located within a city, county, or district or cn Yes No within a department of natural resources fire protection zone that provides fire protection services? v [ ] [)q [ ] Don't know E. Is the property equipped with carbon monoxide alarms? Yes No (Note: Pursuant to RCW 19.27.53©, seller must equip the 00 residence with carbon monoxide alarms as required by the state building code.) Exempt under this RCW y Don't know F. Is the property equipped with smoke detection devices? Yes No (Note: Pursuant to RCW ' if the property is not equipped with at least one smoke detection device, at least one w must be provided by the seller.) 3 6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS I ] C ] N Don't know A. Is there a Homeowners' Association? Name of Association and Yes No contact information for an officer, director, employee, or other m Very casual if you call it one. authorized agent, if any, who may provide the association's No formal meetings sense wetinancial statements, minutes, bylaws, fining policy, and other a have lived here. information that is not publicly available: Don't know B. Are there regular periodIC assessments: N Yes No oe'S $ -"Per M Month [ ] Year [ ] Other N [ ] pq [ ] Don't know *C. Are there any pending special assessments? Yes No i E ] pC] I ] Don't know *D. Are there any shared "common areas" or any joint a Yes No maintenance agreements (facilities such as wails, fences, landscaping, pools,tennis courts, walkways, or other areas co- owned in undivided interest with others)? w U 7. ENVIRONMENTAL. � [ ] p(I [ ] Don't know *A. Have there been any flooding, standing water, or drainage c Yes No problems on the property that affect the property or access to E the property? DATE: SELLER: SELLER: Seller's Disclosure Statement- Page 6 of 9 Improved Ver.Effective 3-10-20 Packet Pg. 54 4.D.a EXHIBIT C [ ] P9 [ ] Don't know *B. Does any part of the property contain fill dirt, waste, or other Yes No fill material? [ ] Dq [ ] Don't know *C. Is there any material damage to the property From fire, wind, Yes No floods, beach movements, earthquake, expansive soils, or landslides? c� []j [ ] [ ] Don't know D. Are there any shorelines, wetlands, floodpla1ns, or critical Yes No areas on the property? Rock Creak runs through NW corner of lot c [ ] [X] [ ] Don't know *E. Are there any substances, materials, or products in or on the •2 Yes No property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical y storage tanks, or contaminated soil or water? c [ ] pQ [ ] Don't know *F. Has the property been used for commercial or industrial i) Yes No purposes? ( I Pq [ ] Don't know *G. Is there any soil or groundwater contamination? Yes No x C ] fX] C l Don't know *H. Are there transmission poles or other electrical utility a� Yes No equipment installed, maintained, or buried on the property that L do not provide utility service to the structures on the property? cn [ ] [sC] [ ] Don't know *I. Has the property been used as a legal or illegal dumping site? L Yes No f° Don't know *J. Has the property been used as an illegal drug manufacturing v Yes No site? co Don't know *K. Are there any radio towers in the area that cause M Yes No interference with cellular telephone reception? 8. MANUFACTURED AND MOBILE HOMES NIA t 1f the property includes a manufactured or mobile home, x w [ ] [ ] [ ] Don't know *A. Did you make any alterations to the home? 1f yes, please _ Yes No describe the alterations: . . . . . . . . . . 3 [ ] [ ] [ ] Don't know *6. Did any previous owner make any alterations to the home? Yes No [ ] [ ] [ ] Don't know *C. If alterations were made, were permits or variances for these Yes No alterations obtained? Q 9. FULL DISCLOSURE BY SELLERS 2 A. Other conditions or defects: N [ I DO ( ] Don't know *Are there any other existing material defects affecting the °a Yes No property that a prospective buyer should know about? B. Verification: The foregoing answers and attached explanations (if any) are U L complete and correct to the best of my/our knowledge and 11we a have received a copy hereof. llwe authorize all of my/our real ' estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective w buyers of the property. U DAT SW SELLER OIL- DATE:e_ SELLER: LLER: Seller's Disclosure Statement - Page 7 of 9 improved Ver.Effective 3-10-20 Packet Pg. 55 4.D.a EXHIBIT C NOTICE TO THE BUYER as INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES.THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. c 0 III. BUYER'S ACKNOWLEDGMENT a� N A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to 0 any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation. a B. The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not by any real estate licensee or = other party. � C. Buyer acknowledges that, pursuant to RCW 64.06..E2 " (2), real estate licensees L are not liable for inaccurate information provided by Seller, except to the extent cn that real estate licensees know of such inaccurate information. L D. This information is for disclosure only and is not intended to be a part of the f° written agreement Between the Buyer and Seller. E. Buyer(which term includes all persons signing the "Buyer's acceptance" portionco of this disclosure statement below) has received a copy of this Disclosure M Statement (including attachments, if any) bearing Seller's signature. DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER w COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE LU IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TD RESCIND THE AGREEMENT BY 3 DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME E YOU ENTER INTO A SALE AGREEMENT. a� BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND Q ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. to Ca DATE: BUYER: BUYER: N t U L BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT L Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. Buyer waives that right. However, if the answer to any of the questions in the section U entitled "Environmental" would be "yes," Buyer may not waive the receipt of the "Environmental" section of the Seller Disclosure Statement, E t DATE: SELLER: SELLER: IL Seller's Disclosure Statement - Page 8 of 9 Improved Ver. Effective 3-10-20 Packet Pg. 56 4.D.a EXHIBIT C DATE: BUYER: BUYER: 1.Title*D: Both 262nd SE and SE 269th St are private roads. *F: Supposed to be a road maintenance agreement Recorded with King County as 3. SEWER/ON-SITE SEWER SYSTEM c (2) Do not remember when septic was pumped but a guess would be about 12 or so years ago (4) Inspected when pumped no defects reported Do not remember the company but local to The Maple � Valley IRavensdale area, y c (5)We have no idea how many bedrooms(assume 3 being that was how many are in the home)or even v if the septic system was designed and approved. r 4. STRUCTURAL*B: No basement, crawlspace no water issues to our knowledge = D. Date in the electrical panel is 1974 c L 'F: Decks-Some cedar near ready for replacement cn Windows-4 windows seals failed,2 with cracks 1 in the garage looks as though a rock hit it. a 1.Attic has original 1974 insulation v M J. Pouriy insulated, back addition not insulated approximately 330 sq ft. M 5. SYSTEMS AND FIXTURES`A Plumbing in Master Bath not completed. Appliances older but all work Security system.... Xfinity w Carbon monoxide alarms the way I read this RCW it excludes LU owner-occupied single-family residences legally occupied 3 before July 26, 2009, +, c 6. HOMEOWNERS'ASSOCIATIONICOMMON INTERESTS: No formal homeowners association exists to our knowledge. It is a informal agreement among most in the Bridal trails community. L 7, ENVIRONMENTAL. D. Rock Creek runs through the NW corner of the property Q a� Ca a� U L L W CV G d E V � a DATE: .I SELLER: SELLER: f Seller's Disclosure Statement- Page 9 of 9 Improved Ver. Effective 3-10-20 Packet Pg. 57 EXHIBIT D FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 611310335 SCHEDULE B a� L C� G SPECIAL EXCEPTIONS: y c 0 U r 1. Reservations and exceptions contained in the deed x Grantor: Northern Pacific Railroad Company Recording No.: 331646 Q Reserving and excepting from said Lands so much or such portions thereof as are or may be mineral lands or L contain coal or iron, and also the use and the right and title to the use of such surface ground as may be f° necessary for ground operations and the right of access to such reserved and excepted mineral lands, including v lands containing coal or iron, for the purpose of exploring, developing and working the land. co The Company makes no representations about the present ownership of these reserved and excepted interests. 2. Covenants, conditions, restrictions, recitals, reservations, easements,easement provisions, encroachments, dedications, building setback lines, notes, statements,and other matters, if any, but omitting any covenants or w restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status,disability, handicap, national origin, ancestry,or source of income, as set forth in 3 applicable state or federal laws,except to the extent that said covenant or restriction is permitted by applicable +, law,as set forth on Short Plat No. 574019., E Recording No: 7512230625 m Affects: Parcel A a a� 3. Agreement, and the terms and conditions thereof: Ca Recording Date:July 27,2015 W Recording No.: 20150727000580 Affects: Parcel A U L 4. Easement(s)for the purposes)shown below and rights incidental thereto, as granted in a document: a L Purpose: Road and utilities Recording Date: July 3, 1973 w U Recording No.: 7307030286 Affects: Portion of said premises m E t r a Subdivision Guaran[eelCertificate Printed: 02.11.22(jg 09:56 W Rage 4 WA-FT-FTMA-01530.610051-S PS-1-22-511 31 0335 Packet Pg. 58 4.D.a FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 611310335 SCHEDULE B (continued) 5. Easement(s)for the purpose(s)shown below and rights incidental thereto, as granted in a document: m L Purpose: Road and utilities Recording Cate: September 27, 1973 Recording No.: 7309270531 Affects: Portion of said premises o c� 6. Agreement, and the terms and conditions thereof: a� to Recording Date: November 12, 1974 �o Recording No.: 74 1 1 1 20470 +, Affects: Parcel B f°r 7. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, encroachments, _ dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, a familial status, marital status, disability, handicap, national origin,ancestry, or source of income, as set forth in N Y applicable state or federal laws,except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Short Plat: v Recording No: 7510300475 00 Affects: Parcel A M 8. Agreement, and the terms and conditions thereof: Recording Date: March 30, 1976 w Recording No.: 7603300168 3 9. Grant of Right for Domestic Water and the terms and conditions thereof: E Recording Date: June 26, 1978 m Recording No.: 7806260129 Affects: Parcel B a a� 10. Agreement, and the terms and conditions thereof:. N Ca Recording Date: August 5, 1987 Recording No.: 8708050241 — U L tL L W CV G d E V a Subdivision GuaranteelCer[ificate Printed: 02.1122 Q 09:56 AM Page 5 W A-FT-FTMA-01530.610051-S PS-1-22-6113 1 0335 Packet Pg. 59