HomeMy WebLinkAboutCity Council Committees - Committee of the Whole - 04/27/2021 (2)
KENT CITY COUNCIL
COMMITTEE OF THE WHOLE
Tuesday, April 27, 2021
4:00 PM
THIS IS A REMOTE MEETING
Due to COVID-19 and Health Safety Requirements,
and by Order of the Governor, this is a remote meeting
A live broadcast is available on Kent TV21,
www.facebook.com/CityofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 931 7836 8369
Mayor Dana Ralph
Council President Toni Troutner
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Les Thomas
**************************************************************
Item Description Speaker
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. DEPARTMENT PRESENTATIONS
A. Payment of Bills - Authorize Paula Painter
B. 2020 Fourth Quarter and 2021 First Quarter Fee In Lieu Terry Jungman
Funds - Accept
C. Consultant Services Agreement with Berger Partnership for Terry Jungman
2022 Park and Open Space Plan - Authorize
D. Easement to Lake Meridian Water District for New Well at Terry Jungman
Sun Meadows Park - Authorize
E. Mendel Property Acquisition - Authorize Terry Jungman
5. EXECUTIVE SESSION
Committee of the Whole Committee of the Whole - April 27, 2021
Regular Meeting
A. To review the performance of a public employee as per RCW
42.30.110(1)(g)
6. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's
Office in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service 7-1-1.
5/B
FINANCE DEPARTMENT
Paula Painter, Finance Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: April 27, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Payment of Bills - Authorize
MOTION: Authorize the payment of bills.
SUMMARY:
BUDGET IMPACT:
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PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: April 27, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: 2020 Fourth Quarter and 2021 First Quarter Fee In Lieu
Funds - Accept
MOTION: Authorize the Mayor to accept $41,272.50 of fee-in-lieu funds,
amend the Community Parks Reinvestment Program budget, and authorize
the future expenditure of these funds for capital improvements at
Springwood, Park Orchard, and Clark Lake Parks.
SUMMARY: Between October 1, 2020, and March 31, 2021, the City of Kent
received a total of $41,272.50 from the following developers, who voluntarily paid a
fee in lieu of dedicating park land to mitigate the development of homes in local
subdivisions. These funds will be held in a reserve account for capital improvements
at the following parks and must be expended within five years:
nd
· Mainvue WA LLC: subdivision into 9 lots at 26706 132 Avenue SE; $19,200
at Springwood Park
th
· Balwinder Singh: subdivision into 3 lots at 27458 108 Avenue SE; $8,175
at Springwood Park
th
· Uriel Maldonado: subdivision into 3 lots at 12913 SE 218 Place; $7,200 at
Park Orchard Park
th
· JSTS Kent LLC: subdivision into 2 lots at 13867 SE 240 Street; $6,697.50
at Clark Lake Park
BUDGET IMPACT: Revenue and expense impact to Community Parks
Reinvestment Program budget.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
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ATTACHMENTS:
1. Fee In Lieu Q4-2020,Q1-2021-EXHIBIT (PDF)
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5/D
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: April 27, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Consultant Services Agreement with Berger Partnership for
2022 Park and Open Space Plan - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with Berger Partnership, in the amount of $234,150.50, for the 2022-2027
Park and Open Space Plan, subject to final terms and conditions acceptable
to the Parks Director and City Attorney.
SUMMARY: The Parks and Open Space Plan establishes a long-term vision for
future capital planning and development for the overall park system. Additionally,
the city must update its Parks and Open Space Plan every six years in order to
continue to qualify for Washington Recreation and Conservation Office grants for
park acquisition and development funding. The last Park Plan update was adopted
in June 2016.
The planning process for the next update, which will include multiple opportunities
for public participation, is anticipated to take about a year to complete.
The Berger Partnership was selected through a highly competitive Request For
Qualifications.
BUDGET IMPACT: Expense impact to the Parks Planning Administration capital
budget.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
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ATTACHMENTS:
1. Berger Agmt for P&OS Plan-EXHIBIT (PDF)
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CONSULTANT SERVICES AGREEMENT
between the City of Kent and
The Berger Partnership, PS
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and The Berger Partnership, PS organized under the laws of the State of Washington, located
and doing business at 1927 Post Alley, Suite 2, Seattle, WA 98101 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
As described in the attached Exhibit A, incorporated herein, consultant shall assist with the
2022 Park and Open Space Plan update. Update shall be consistent with the city's
Comprehensive Plan and compliant with RCW and WAC requirements.
The Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the
work described in Section I by TBD TBD.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$234,150.50, for the services described in this Agreement. This is the maximum amount to
be paid under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)
for a period of one (1) year from the effective date of this Agreement. The Consultant's billing
rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
C. Card Payment Program. The Consultant may elect to participate in automated credit card
payments provided for by the City and its financial institution. This Program is provided as an
alternative to payment by check and is available for the convenience of the Consultant. If the
Consultant voluntarily participates in this Program, the Consultant will be solely responsible
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for any fees imposed by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which the
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained the Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal Revenue
Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the
Consultant’s business, and has obtained a Unified Business Identifier (UBI) number
from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the
City’s use of the Consultant’s records or data is not related to this project, it shall be without liability or legal
exposure to the Consultant.
VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
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costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event.
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Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Consultant to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Consultant.
VII. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates. The Consultant shall execute
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of the Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless,
and the Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court
having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
the Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal
on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under
this Agreement.
XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
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designs, reports, or any other records developed or created under this Agreement shall belong to and
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become the property of the City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. The Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The
City’s use or reuse of any of the documents, data, and files created by the Consultant for this project by
anyone other than the Consultant on any other project shall be without liability or legal exposure to the
Consultant.
XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VIII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and the
Consultant.
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G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties
and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
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IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT: CITY OF KENT:
By: By:
Print Name: Print Name: Dana Ralph
Its Its Mayor
DATE: DATE:
NOTICES TO BE SENT TO:NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Greg Brower Kerry O'Connor
The Berger Partnership City of Kent
1927 Post Alley, Ste 2 220 Fourth Avenue South
Seattle, WA 98101 Kent, WA 98032
(253) 856-5115 (telephone)
206-325-6877 (telephone)
gregb@bergerpartnership.com koconnor@kentwa.gov
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
P:\\Planning\\_All Park Plans\\2022 Update\\Berger-2022 Park Plan-CONTRACT
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DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: __________________________________________
For: _________________________________________
Title: ________________________________________
Date: ________________________________________
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CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state
laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal
employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: __________________________________________
For: _________________________________________
Title: ________________________________________
Date: ________________________________________
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EEO COMPLIANCE DOCUMENTS - 3
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4.01.21
Terry Jungman
Park Planning and Development Manager
Parks, Recreation & Community Services
City of Kent
220 Fourth Avenue South
Kent, WA 98022
Proposal for Landscape Architectural Services – City of Kent Parks and Open Space 2022
Plan Update
Dear Terry:
We are pleased to have been selected to assist the City of Kent Parks Department with
the update of the Park and Open Space Plan. The plan update will be consistent with
Kent’s Comprehensive Plan and will comply with the RCW and WAC requirements as
well as CAPRA.
Completion of the scope of work outlined in this proposal will require the input and
collaboration of a team of consultants, each with their own area of expertise. The
project team includes PROS Consulting, Herrera, and DA Hogan (on call).
This proposal is organized around the required sections of the park plan, outlining the
scope of work by subject area, and provides estimated fees.
Goals and Objectives
In collaboration with the Parks Department, and with input from the Parks Commission
and the residents of Kent, the goals from the 2016 Plan will be reviewed and updated to
reflect current community priorities and fiscal realities.
Review established goals.
Revise/update goals as necessary with input from the Parks Commission and
the public.
Test goals with needs assessment and public input.
Deliverables:
Updated list of goals and policies
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PS
Berger Partnership206 325 6877
Landscape Architecture
1927 Post Alley, Ste. 2 bergerpartnership.com
Urban Design
Seattle, WA 98101
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4.01.21
Terry Jungman
City of Kent Parks
Proposal for Landscape Architectural Services – City of Kent Parks and Open Space 2022
Plan Update
Page 2 of 7
Inventory
Review park and facilities inventory, beginning with existing park condition
reports.
Update/establish evaluation criteria based on quality and condition.
Compile information and data from Park Operations and existing facilities and
condition.
Site visits: One tour of parks as key examples, new acquisition, or recent
improvements with Parks Planning and Operations staff to calibrate
assessments.
GIS Data Management with emphasis on producing and delivering maps and
data from City Geodatabase.
GIS Analysis and Mapping to provide a planning framework.
Mapping and P&OS StoryMap Support for community engagement and the
final P&OS plan.
Deliverables:
List of park facilities and associated metrics
Inventory notes and photos
Spatial datasets and related information that is compatible with the City P&OS
asset geodatabase
Three “heat maps” in PDF and as interactive web maps on the Herrera ArcGIS
Online portal
Brief technical memo documenting the methodology and decision-making
process used to produce the maps
Up to eight PDF maps and two interactive web maps to support community
engagement
Up to sixteen PDF maps to support the final P&OS plan
ArcGIS Online StoryMap transferred to the City ArcGIS Online Account
Public Involvement
Public Engagement Plan (PEP) for outreach with equitable distribution and
targeted outreach for two purposes: (1) Identify emerging issues and
challenges; (2) Align the community and the Department.
Key Leadership/Focus Group Interviews: 8-10 virtual focus group and key
leadership interviews to gain an understanding of community values and
priority for recreation programming and service needs.
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5/D/b
4.01.21
Terry Jungman
City of Kent Parks
Proposal for Landscape Architectural Services – City of Kent Parks and Open Space 2022
Plan Update
Page 3 of 7
Virtual Forums/Workshops: Conduct virtual public meetings for community
participation and engagement. Two public forums to introduce the project and
goals, and a briefing and input opportunity.
Community Needs Electronic Survey to maximize outreach and response rates
to inform strategy for programs, services, facility components, usages, and
pricing.
Perform Statistically Valid Needs Analysis Survey.
Deliverables:
Public Engagement Plan (PEP)
Focus group questions
Virtual public forum agendas, notes, and summary
Community needs survey and summary
Statistically Valid Needs Analysis Survey
Demand and Need Analysis
This will be based on data provided by the city including current and projected
demographic data, park use data, and will involve a discussion on current and
projected park and recreational needs of the community.
Athletic Field Capacity Study to document carrying capacity of current assets,
number of events, and make recommendations to maximize use.
Level of Service (Recreation Value) Model to reflect changes and anticipation of
future system change:
o Information based and reflecting indicators of success.
o Parkland gap/deficiency analysis (acquisition strategy).
o Open Space Value.
Strategic Action Plan to outline strategies, actions, responsibilities,
priorities/timelines, and teams.
Deliverables:
Level of Service (Recreation Value) Models
Athletic Field Capacity Study
Strategic Action Plan
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4.01.21
Terry Jungman
City of Kent Parks
Proposal for Landscape Architectural Services – City of Kent Parks and Open Space 2022
Plan Update
Page 4 of 7
Capital Improvement Program
Sources of funding provided by Parks.
Include Funding Plan, prepared by the Department including analysis of
department financial situation and development of strategies and alternatives.
Review Operations and Maintenance and develop a Planning Tool to inform
future budgets.
Deliverables:
Funding Plan (Inclusion of plan provided by the Department)
Operation and Maintenance Review
Plan Adoption
Adoption process administered by Parks with support provided by Berger.
Provide exhibits and documents to support presentation.
Assist with response to questions and clarification documents and graphics.
Deliverables:
SEPA non-project checklist
Presentation exhibits
Project Administration and Park Plan Preparation
We will provide services for the compilation and editing of the park plan. This includes
draft stages as well as the final plan that can be submitted to RCO. We will be
responsible for assembling content we prepare as well as content provided by the city.
We will also lead the graphic presentation with guidance from Parks.
Drafts will be submitted to the city for review and input. Drafts will be provided at 25%,
50%, 75%, and 90% complete with the 50% draft submitted to RCO for review.
Coordination of consultant team, work progress, and communication.
Develop and maintain schedule.
Schedule meetings for city coordination and team coordination and
develop/coordinate agendas. Web-based project meetings with Park Staff (two
per month for sixteen months).
Prepare meeting minutes, track action items, and assign/manage
responsibilities.
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4.01.21
Terry Jungman
City of Kent Parks
Proposal for Landscape Architectural Services – City of Kent Parks and Open Space 2022
Plan Update
Page 5 of 7
Conduct topic-specific meetings with team members.
Attend stakeholder briefings/meetings.
Establish/create plan appearance and graphic strategy.
Develop graphic content for communication materials and online open
house/webpage.
Coordinate and organize plan content. Arrange content to best convey the
desired message.
Prepare written and graphic content of the plan for editing and review.
Provide editing and proofreading.
Provide plan drafts at 25%, 50%, 75%, and 90% complete.
Comment response and revisions for each draft.
Administer quality control and review of drafts and final plan.
Provide final plan in digital format.
Deliverables:
Schedule
Meeting agendas and meeting notes
25% complete draft plan
50% complete draft park plan update (for submittal to RCO)
75% complete draft plan
90% complete draft plan
100% complete final plan
Optional Services
CAPRA Review to gauge Kent Parks perceived completion of all CAPRA
standards.
Athletic facility assessment and condition analysis and input.
Assumptions
The following assumptions were made during the preparation of this proposal:
City Parks Map will be provided, GIS format.
Parks GIS database coordinated access.
Park data, size, classification, asset inventory will be provided.
Demographics and population data will be provided.
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4.01.21
Terry Jungman
City of Kent Parks
Proposal for Landscape Architectural Services – City of Kent Parks and Open Space 2022
Plan Update
Page 6 of 7
Parks and Facilities Condition Report will be provided when available.
A detailed schedule will be provided at a later date, with the assumption that
the process is complete July 2022.
The plan will be submitted to RCO for review at the draft stage. Submittal of the
final plan will be the responsibility of the Parks Department.
Fees
Based on the scope of services identified at this time, we have established the following
fee for landscape architectural services. Fees will be billed monthly based upon the
percentage of work completed.
Berger Partnership $109,390.00
Subconsultants
PROS Consulting $78,200.00
Herrera $28,855.00
Mark-up (10%) $10,705.50
Subconsultants Subtotal $117,760.50
Total $227,150.50
Reimbursable Expenses $7,000.00
Project Total $234,150.50
Optional Services
CAPRA Review $6,314.00
DA Hogan (as needed) TBD
Services beyond those noted in this proposal will be billed as additional services on an
hourly basis as follows, or lump sum fees can be negotiated:
Principal $210.00 per hour
Associate $165.00 per hour
Project Manager $135.00 per hour
Landscape Designer $110.00 per hour
Administrative Staff $95.00 per hour
Printing, reprographic expenses, CAD plots, travel costs, and other reimbursable
expenses will be billed in addition to the above fees at cost plus a 10% administrative
mark-up. All accounts are due in ten days. Invoices not paid within 30 days of invoice
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4.01.21
Terry Jungman
City of Kent Parks
Proposal for Landscape Architectural Services – City of Kent Parks and Open Space 2022
Plan Update
Page 7 of 7
date will be subject to late charges of 1% per month. If payment for services is not
received within 90 days of the invoice date, all subsequent services and/or issuance of
documents may be postponed until receipt of payment, unless special arrangements
are made prior to providing the services.
Fees may be subject to renegotiation if the proposal is not accepted within 90 days. If
the duration of the contract exceeds one year, hourly rates may be subject to annual
adjustments at the anniversary date of the contract.
If you have any questions or wish to make any changes please do not hesitate to
contact us. We look forward to assisting the Parks Department with the update of the
City of Kent Park and Open Space Plan.
Sincerely,
Berger Partnership PS
Greg Brower
Principal
Enclosures:
Kent Approach and Fees (PROS) 210326
Kent_P&OS_Herrera_DRAFT_SOW_20210319;
Kent_P&OS_Herrera_DRAFT_Budget_20210319
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 85 or a substitute endorsement
providing equivalent coverage. The City shall be named as
an insured under the Contractor’s Commercial General
Liability insurance policy with respect to the work performed
for the City using ISO additional insured endorsement CG 20
10 11 85 or a substitute endorsement providing equivalent
coverage.
3. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the
Consultant’s profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
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EXHIBIT B (Continued)
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate and a $1,000,000 products-completed
operations aggregate limit.
3. Professional Liability insurance shall be written with limits no
less than $1,000,000 per claim and $1,000,000 policy
aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor’s insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor’s insurance and
shall not contribute with it.
2. The Contractor’s insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3.The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor’s Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
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EXHIBIT B (Continued )
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
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5/E
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: April 27, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Easement to Lake Meridian Water District for New Well at
Sun Meadows Park - Authorize
MOTION: Authorize the Mayor to accept $45,000 from the Lake Meridian
Water District, and in exchange, authorize the Mayor to sign all necessary
documents to grant the water district a permanent easement over property
included within Sun Meadows Park to allow the water district to continue
to maintain and operate its existing well, to drill and construct a second
well and associated infrastructure, and to continue maintenance and
operation of its facilities on the park property, subject to final terms and
conditions acceptable to the Parks Director and City Attorney, and amend
the budget to authorize the expenditure of funds received from the water
district for capital improvements at Sun Meadows Park.
SUMMARY: Sun Meadows Park was originally constructed as part of unincorporated
King County. The City of Kent annexed the area in 1996, and the park property was
formally conveyed from King County to the City of Kent in 1999. At the time of
conveyance, Water District #111, now legally known as Lake Meridian Water
District, owned and operated a municipal water well identified as Well #6 and a
water treatment building on the park property, which were and continue to be an
cture.
Well #6 is failing, and the water district requires a new well to be drilled as well as
improvements to the water treatment building in order to maintain a safe, adequate
water supply. This easement grants temporary access to Lake Meridian Water
District for drilling, installing, and constructing a new well, well house, and
connecting lines to the existing well, and permanent access for the purposes of
operating and maintaining both new and existing wells, connecting lines, and
treatment building. Access for improvements to the treatment building necessary to
maintain the safety and service of the water supply is also incorporated in this
easement.
As compensation for providing these easements, the City will receive $45,000 from
the water district, which will be used for improvements to Sun Meadows Park to be
incorporated into a future parks capital project. The proposed easements have been
incorporated into a park site plan so that future improvements will not conflict with
the granted easements.
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BUDGET IMPACT: $45,000 Revenue impact to Sun Meadows capital project
budget.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Sun Meadows Easement for Water District-EXHIBIT (PDF)
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EASEMENT AGREEMENT AND
DECLARATION OF PROTECTIVE COVENANTS
THIS EASEMENT AGREEMENT AND DECLARATION OF PROTECTIVE
COVENANTS (this “Agreement”), made and entered into effective as of the later of the
signature dates below (the “Effective Date”), is by and between the CITY OF KENT, a
Washington municipal corporation (herein “City” or “Grantor”) and LAKE MERIDIAN
WATER DISTRICT, a Washington special purpose municipal corporation (herein “District” or
“Grantee”) (individually a “Party” and collectively the “Parties”).
R E C I T A L S:
A.City is successor-in-interest to King County, Washington (the “County”) as owner
of the real property commonly known as Sun Meadows Park and legally described on Exhibit A
attached hereto (the “Property”).
B.Pursuant to Title 57 RCW, District supplies potable water to customers within its
boundaries through a public water system. District’s public water system is comprised of source
wells, storage and treatment facilities, and distribution mains.
C.Pursuant to Permit Number FS-14-85 issued on May 17, 1985 (the “Permit”),
including its Terms and Conditions, Special Provisions, and Declaration of Covenant Running
With the Land, the County authorized District (f/k/a “King CountyWater District No. 111”) to
construct, operate, and maintain a well for public water supply on the Property. By its express
terms, the Permit expired automatically after five (5) years,unless renewed, and the Parties have
identified no agreements renewingthe Permit.
D.In accordance withthePermit,District constructed a well (“Well #6”), connecting
pipelines, and a water treatment facility (the “Treatment Building”) on the Property in the
locations depicted on Exhibit Battached hereto (the “ExistingImprovements”). Following the
City’s acquisition of the Property from the County in 1999, the District obtained City permit and
land use approval for significant improvements to the Treatment Building, which were thereafter
made byDistrict. The Existing Improvements have been continuously used and operated by the
District and are essential for the District’s supply of potable water to itscustomers.
E.Well #6 is failing, and a replacement well (the “New Well”) must be drilled,
installed, and constructed on the Property, for incorporation into District’s water supply system.
Without limitation of District’s continuing use of Well #6 for water withdrawal if necessary to
maximize District’s water rights and supply, District intends to use existing Well #6as a
monitoring well when the New Well has been constructed and is operational.
F.The Parties desire the City grant to District a permanent easement for the Existing
Improvements, as well as for the New Well, for an eight-inch connecting line between the New
Well and the Treatment Building (the “New Well Connecting Line”), and for an eight-inch
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connecting line from Well #6 to the New Well Line (the “Well 6 Connecting Line”)
(collectively, the “Additional Improvements”).
G.The Parties desire the City also grant to District a temporary construction
easement for District’s construction and installation of the Additional Improvements.
H.The Parties desire otherwise to confirm and set forth certain protections required
for the District’s operation of its facilities and improvements on the Property, including sanitary
control areas necessary to keep water supplied by District from the Property free from impurities
that might be injurious to the public health.
NOW, THEREFORE, in consideration of the terms and conditions hereof and other good
and valuable consideration, the receipt and sufficiency of which the Parties mutually
acknowledge, the Parties agree as follows.
1.Permanent Easement for Existing and Additional Improvements. City, as Grantor,
hereby grants and conveys to District, as Grantee, a permanent easement (the “Permanent
Easement”) on, over, and under that portion of the Property legally described on Exhibit C
attached hereto and depicted onExhibit C-1attached hereto (the “Permanent Easement Area”)
for the below stated purposes.All connecting pipelines must be installed by the District at least
two(2)feet below the surface of the landwithin the Permanent Easement Area so as to avoid
interference with the City’s installation, maintenance, or repair of an irrigation system. The
Permanent Easement shall be nonexclusive with respect to the District, except as expressly stated
otherwise in this Agreement.
1.1Well #6:for operating, inspecting, maintaining, and repairingWell #6and
all appurtenances thereto;
1.2Treatment Building:for operating, inspecting, maintaining, and repairing
the Treatment Building and all appurtenances thereto;
1.3New Well:for locating, drilling, installing, constructing, operating,
inspecting, maintaining, and repairing the New Well, the New Well’s building structures, and all
appurtenances thereto;
1.4New Well Connecting Line:for laying, constructing, installing, operating,
inspecting, maintaining, and repairing the New Well Connecting Line between the New Well
and the Treatment Building; and
1.5Well #6 Connecting Line:for laying, installing, operating, inspecting,
maintaining, and repairing the Well #6 Connecting Line between Well #6 and the New Well
Connecting Line.
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Any replacement of the District’s Existing Improvements or Additional Improvements
will require the good faith cooperation between the City and the District to: (i)ensure the City is
sufficiently compensated for any expansion or intensification of the District’s use of the Property
or the Permanent Easement, and (ii) mitigate theimpact the District’s expanded or intensified
use has to other users of the Property, including the City’s use of the Property, which may
necessitate a revision to this Agreement or the easement rights conveyed herein to the District.
For avoidance of doubt, however, the provisions of this paragraph do not apply to any expansion
of the north side of the Treatment Building up to and including to the north wall of the existing
underground overflow storage tank located beneath the concrete slab on the north side of the
building, if District determines such expansion is reasonably required for telemetry, upgraded
power, and piping in support of the New Well. The north wall of the underground overflow
storage tank lies approximately 16feet from the north wallof the Treatment Building.
The Permanent Easement includes thenon-exclusiveright of ingress and egress for all of
the foregoing purposes. The Permanent Easement shall be exclusive to District only with respect
to the footprint of its constructed facilities, such as the width of installed connecting pipelines
within the subsurface of the Permanent Easement Area, the area within the foundation of the
Treatment Building, including the underground overflow storage tank and the building’sprimary
structure,and the area within the diameter of its constructed wells and their associated pump
houses/building structures. However, this exclusivity does not include the area within the
Sanitary Control Areas, nor does it prohibit the City or other authorized users from using the
surface or subsurface area within the Permanent Easement Area for other purposes, including
installation, maintenance, repair, and use of an irrigation system or recreational amenities. The
purpose of the limited exclusivity granted to the District by this section is that neither the City
nor other users will access the District’s Treatment Building, the wells’ pump houses or building
structures, the area within the wells themselves, or the same trench that holds the District’s well
connecting lines.
2.Temporary Construction Easement. In addition to the foregoing Permanent
Easement, City, as Grantor, hereby grants and conveys to District, its agents, employees,
contractors, consultants, and permittees, as Grantee, a temporary construction easement (the
“TCE”) on, over, across, and through that portion of the Property legally described on Exhibit D
and depicted on Exhibit D-1attached hereto (the “TCE Area”) for any and all purposes relating
to or for (a) designing, drilling, installing, and constructing the New Well, the New Well’s
building structures, and related appurtenances, (b) designing, laying and installing the New Well
Connecting Line and the Well #6 Connecting Line, and (c) staging and storage of materials and
equipment used in connection with the foregoing work. The TCE shallinclude rights of ingress
and egress for such studies, tests, surveys, and examinations reasonably required for performance
of the foregoing work. District shall have the right to install temporary fencing around all or any
portion of the TCE Area.
Should the District require use of the Property outside ofthe Permanent Easement Area
to conduct future maintenance or repair work on the Existing Improvements or the Additional
Improvements once initially constructed, the parties agree to negotiate in good faith the terms of
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any future Temporary Construction Easement or license that may be required to authorize that
temporary use.
3.Duration of TCE. The TCE shall commence on the Effective Date and shall
automatically terminate and expire upon the earlier of (a) issuance of a permit by the Washington
State Department of Health and/or receipt by District of approval from the Department of
Ecology and/or any other governmental approvals necessary for the use and operation of the
New Well, or (b) the date that is two years after the Effective Date, unless extended by mutual
agreement of the Parties.
4.Construction of, or Maintenance and Repairs to, the Improvements.
4.1Compliance With Laws.District shall construct, maintain, and repair the
Additional Improvements in a workmanlike manner and in compliance with applicable statutes,
ordinances, rules, and regulations of all governing authorities.
4.2Approval of Construction Plans.
4.2.1Existing Improvements.Within 30 calendar days afterthe date
this Agreement is fully signed, the District shall provide City with existing documentation in the
District’s recordsthat identifies the location, to the extent documented,of the depth and
horizontal location of the District’s Existing Improvements on the Property.The City agrees to
protect thoserecords from further dissemination as may be authorized under state public
disclosure laws.
4.2.2Approval of Construction Drawings for Additional Improvements.
Before constructing the Additional Improvements provided for by this Agreement, the District
shall provide a copy of its final construction drawings to the City for the City’s approval, which
approvalshall not be unreasonably withheld.If the City fails to advise the District of any
concerns related to those final construction drawings within 30 calendar days of their receipt by
the City, the final construction drawings shall be deemed approved. If the City advises the
District of concerns within the time required by this section, the City and the District will
negotiate in good faith to resolve those concerns in a manner acceptable to both the City and the
District. The District agrees to construct the Additional Improvements consistent with the
approved final construction drawings and applicable building codes, permits, and regulations.
4.2.3As-Builts for Additional Improvements.Within 60 calendar days
after completionof the construction of the Additional Improvements, the District shall provide
the City with final as-built drawings that show the actual physical location and construction of
the District’s Additional Improvements on the Property.
4.2.4Coordinationof Future Maintenance or Repairs. District agreesto
notify City before undertaking any futuremaintenance or repairs on the Existing Improvements
or the Additional Improvements thatwouldrequire disruption of the surface of the Property
within the Permanent Easement Area, and, except in the case of any emergency maintenance or
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repairs,shall use good faith efforts to coordinate scheduling of the maintenance and repair work
so asto mitigate the impact that work may have to other users of the Property, including the
City’s use of the Property, while nevertheless completing the work to be performed.
4.3Restoration.Should any work the District undertakes on the Property in
exercising its rights under this Agreement, either within the Permanent Easement, within any
TCE Area, or within any other part of the Property, damage or disrupt the surfaceof the
Property, the City’s Recreational Elements, the City’s irrigation system or other facilities, or
other users’ facilities, (collectively, “Property and Facilities”), the District shall restore the
Property and Facilities, at the District’s sole cost, to substantially the same condition in which it
existed prior to commencement of such activities.
5.Insurance.District shall at all times during the existence of the easements
described herein maintain a policy of commercial general liability insurance insuring, on an
occurrence basis, against any and all claims or causes of action for death, bodily injury, or
property damage resulting from the negligence of District or any of District’s employees, agents,
contractors, or subcontractors, with limits of not less than Two Million Dollars ($2,000,000.00)
per occurrence and not less than Three Million Dollars ($3,000,000.00) annual aggregate. The
City of Kent shall be namedas an additional insuredon the District’s policy of commercial
general liability insurance with respect to this Agreement. Upon City’s request, District shall
provide City with proof of insurance evidencing District’s compliance with the foregoing
provisions of this Section5.
6.Declaration of Protective Covenants.City covenants and agrees that the City, its
successors and assigns, will not construct, maintain, or suffer to be constructed or maintained
within one hundred feet (100') of Well #6 or within one hundred feet (100') of the New Well, as
such radii are legally described on ExhibitEattached hereto and depicted on Exhibit E-1
attached hereto (the “Sanitary Control Areas”)any potential source of contamination, such as
cesspools, privies, septic tanks, drainfields, sewer lines, manure piles, underground storage tanks,
roads, railroad tracks, vehicles, structures, barns, chicken houses, rabbit hutches, pig pens, feed
stations, grazing animals, enclosures for maintaining fowl or other animals or manure, liquid or
dry chemical storage, herbicides, insecticides, hazardous waste, or garbage of any kind or
description, nor use or apply within the Sanitary Control Area any herbicides, insecticides, or
other toxic chemicals or substances. City acknowledges that the Sanitary Control Areas and
foregoing covenants and restrictions are necessaryand required by law in order to keep the water
supplied by District from Well #6 and the NewWell free from impurities that might be injurious
to public healthand to satisfy King County Department of Health or other regulatory
requirements, City agrees to execute and deliver to District for recording a completed Restrictive
Covenant Public Water Supply (Well) substantially in the form attached as Exhibit Fhereto.
District agrees to advise the City of any changes to state or county health regulations concerning
the Sanitary Control Areas that may impact the City’s use and maintenance activities on the
Property.
The District intends to construct a driveway within the Permanent Easement and Sanitary
Control Area to access the New Well’s pump house, to which the City intends to construct a
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connected asphalt pedestrian path. Additionally, the District is aware of the City’s intended
construction of a sand volleyball court and asphalt pickleball courts (“Recreational Elements”),
and the continued maintenance of an asphalt basketball court, within the Sanitary Control Areas.
A conceptual drawing of the proposed Recreational Elements is attached and incorporated as
Exhibit G.By signing this Agreement, the District affirms that it has discussed the construction
of these Recreational Elements and the continued maintenance of the existing basketball court
within the Sanitary Control Areas with the state Department of Healthand Public Health –
Seattle & King County, and has confirmed thatthe identified uses and materials, including
asphalt and necessary overlays, are not sources of contamination and will not conflict with the
restrictions applicable to the Sanitary Control Area set forth in the first paragraph of this
Section6 and the provisions of ExhibitF hereto..
7.Maintenance and Repair.District shall be solely responsible for maintenance,
repair, and replacement of District’s facilities and improvements within the Easement Area.City
shall be solely responsible for maintenance, repair, and replacement of all other facilities and
improvements and all landscaping on the Property.
8.Indemnity.District shall defend, indemnify, and save City harmless from and
against any and all claims, demands, losses, damages, expenses,liens, charges, and liabilities of
any kind and description arising from or in connection with: (a) any claim, demand, suit or action
brought against City for bodily injury (including death), personal injury, or damage to or loss of
or destruction of property suffered or alleged to have been suffered by any person, firm,
corporation, or entity from District’s negligent acts or omissionsrelating to the Permanent
Easement granted herein or from the District’s use of the Property, except tothe extent any such
injuries, death, ordamages are caused by the City’s negligent acts or omissions;provided,
however, that to the extent the easement rights granted herein are subject to the provisions of
RCW 4.24.115, it is agreed that where liability for damages arising out of bodily injury to
persons or damage to property is caused by or results from the concurrent negligence of the City
and the District, or their respective officers, agents, employees, or representatives, the District’s
indemnity obligations under this Section 8 shall be effective only to the extent of District’s
negligence.
In consideration of City’s execution of this Agreement, District hereby waives
any immunity it may have underapplicable workers’ compensation benefits or disability laws,
including, but not limited to, Title 51 RCW, in connection with the indemnity set forth in this
Section 8. THE PARTIES ACKNOWLEDGE THAT THIS PROVISION IS THE PRODUCT
OF MUTUAL NEGOTIATION.
9.Termination by District; Removal of Surface Improvements. This Agreement,
including the Permanent Easement and the Protective Covenants regarding the Sanitary Control
Areas,may be terminated by: (i) District upon written notice to City, (ii) the District’s
abandonmentorpermanent non-use of the wells to furnish water for public consumption; or (iii)
mutual agreement of the Parties. If City concludes the District has abandoned or permanently
ceased use of the wells to furnish water for public consumption,the City shall provide written
notice to Districtof the City’s determination. Upon anysuch termination, and unless otherwise
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agreed in writing by City, District agrees (a)to remove the Treatment Buildingandthe Well #6
and New Well surface improvements,(b)to remove the underground waterlines,(c)to
decommission all Wells in compliance with applicable law, and (d)to restore the surface of the
Easement Area and any portion of the Propertydamaged by such removal or decommissioning
of the Wellsto a reasonably level and clean condition.
10.Successors and Assigns.The easements, covenants, restrictions, and agreements
set forth in this Agreement shall (a)be effective on the Effective Date, (brun with the land, and
(c)be binding upon and inure to the benefit of the Parties and their respective successors and
assigns.
11.Notices.Any desired notices or other communications required or permitted
under this Agreement shall be in writing and shall be (a) personally delivered (including by
means of professional messenger service), (b) sent by registered or certified U.S. Mail, postage
prepaid, return receipt requested, or (c) sent by overnight delivery using a nationally recognized
overnight courier service, to the Parties at the following addresses:
To District/Grantee:Lake Meridian Water District
th
27224 144Avenue SE
Kent, WA 98042
Attn: General Manager
With a copy to:Inslee Best Doezie & Ryder, P.S.
th
10900 NE 4Street, Suite 1500
Bellevue, WA 98004
Attn: Curtis Chambers
To City/Grantor:City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attn: Parks Planning and Development Manager
With a copy to:City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attn:City Clerk
Notices personally delivered shall be effective upon delivery. Notices sent by certified or
registered U.S. Mail shall be effective on the third business day following deposit in the mail.
Notices sent by overnight courier service shall be effective one business day following delivery
to the courier.Either Party may change its address for notice by written notice given to the other
Party at any time.
12.Attorney’s Fees. If either Party brings any suit, action, arbitration or other legal
proceeding of any nature whatsoever relating to this Agreement or the rights or obligations of the
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Parties with respect hereto, each such Partyshall be responsible forits ownattorney’s fees in
connection therewith. This provision shall not apply to any indemnification and defense
obligation the District is required to provide under Section 8 above. .
13.Specific Performance. If either Party fails to perform its obligations under this
Agreement, the aggrieved Party shall be entitled to require such performance by suit for specific
performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition
to any other remedies afforded under this Agreement or Washington law.
14.Authority. Each person executing this Agreement on behalf of a Party hereto
represents and warrants to the other Party, on his or her own behalf and on behalf of the Party for
which such personsigns, that he or she has full authority to bind such Party to the terms of this
Agreement.
15.Entire Agreement, Recitals; Exhibits; Amendment. This Agreement represents the
entire Agreement between the Parties with respect to the subject matter hereof. The Recitals and
Exhibits hereto are a part of and incorporated into this Agreement by this reference. This
Agreement may only be modified or amended by a written document mutually signed by the
Parties.
16.Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, and all of which, when taken together, shall constitute one and the
same instrument.
IN WITNESS WHEREOF, the Parties have executed this Agreement.
CITY/GRANTOR:DISTRICT/GRANTEE:
CITY OF KENT,LAKE MERIDIAN WATER DISTRICT,
a Washington municipal corporationa Washington special purpose
municipal corporation
By:By:
Print Name:Print Name:
Its:Its:
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ACKNOWLEDGEMENTS
STATE OF WASHINGTON)
) ss.
COUNTY OF KING)
On thisday of,2 021, before me personally appeared_______________, to me known to be the
of the CITY OF KENT, the Washington municipal corporation that executed the within and
foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was
authorized to execute said instrument.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year
first above written.
(Print Name)
NOTARY PUBLIC in and for the
State of Washington, residing at
My appointment expires
STATE OF WASHINGTON)
) ss.
COUNTY OF KING)
On thisday of,2021, before me personally appeared______________________, to me known
to be the General Manager of LAKE MERIDIAN WATER DISTRICT, the Washington special purpose
municipal corporation that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and
purposes therein mentioned, and on oath stated that he was authorized to execute said instrument.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year
first above written.
(Print Name)
NOTARY PUBLIC in and for the
State of Washington, residing at
My appointment expires
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EXHIBIT A
Legal Description of Property
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Tract C, Sun Meadows Division No. 2, as recorded in Volume 130 of Plats, Pages 61-62,
records of King County, Washington.
(Reference Deed AFN 19990930002393, Records of King County Washington)
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EXHIBIT B
Depiction of Existing Improvements
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EXHIBIT C
Legal Description of Permanent Easement
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LEGAL DESCRIPTION OF GRANTOR’S PARCEL
Tract ‘C’, Sun Meadows Division No. 2, as recorded in Volume 130 of Plats, Pages 61-62,
records of King County, Washington.
(Reference Deed AFN 19990930002393, Records of King County Washington)
LEGAL DESCRIPTION OF EASEMENT AREA
That portion of the hereinabove described Grantor’s Parcel described as follows:
BEGINNING at the Southeast Corner of Lot 1, said Plat of Sun Meadows Division No. 2;
THENCE North 01°41’49” West along the common line between said Lot 1 and Tract ‘C’ a
distance of 108.02 feet to the Northeast Corner of said Lot 1;
THENCE South 88°00’13” West along the common line between said Lot 1 and Tract ‘C’ a
distance of 5.52 feet;
THENCE North 14°11’02” West a distance of 59.97 feet;
THENCE South 75°48’58” West a distance of 2.50 feet;
THENCE North 14°11’02” West a distance of 61.70 feet;
THENCE North 07°39’41” East a distance of 21.26 feet;
THENCE North 14°47’17” West a distance of 28.47 feet;
THENCE South 75°12’43” West a distance of 15.00 feet;
THENCE North 14°47’17” West a distance of 20.00 feet;
THENCE South 75°12’43” West a distance of 47.05 feet to the Westerly line of said Tract ‘C’
and the beginning of a 825.00 foot radius non-tangent curve to the left, the center of which
bears South 75°54’24” West;
THENCE Northerly along the arc of said curve and said Westerly line a distance of 20.00
feet, through a central angle of 01°23’20”;
THENCE North 75°12’43” East a distance of 47.05 feet;
THENCE North 14°47’17” West a distance of 11.00 feet;
THENCE North 75°12’43” East a distance of 29.00 feet;
THENCE North 14°47’17” West a distance of 9.00 feet;
THENCE North 75°12’39” East a distance of 31.00 feet;
THENCE South 14°47’17” East a distance of 71.22 feet;
THENCE South 07°39’41” West a distance of 47.64 feet;
THENCE South 14°11’02” East a distance of 14.14 feet;
THENCE North 89°49’30” East a distance of 75.98 feet to the Easterly line of said Tract ‘C’;
THENCE South 01°05’58” West along said Easterly line a distance of 10.00 feet;
THENCE South 89°49’30” West a distance of 73.27 feet;
THENCE South 14°11’02” East a distance of 30.50 feet;
THENCE South 75°48’58” West a distance of 12.50 feet;
THENCE South 14°11’02” East a distance of 87.83 feet;
THENCE South 88°50’46” East a distance of 54.11 feet to the Easterly line of said Tract ‘C’;
THENCE South 01°05’58” West along said Easterly line a distance of 60.98 feet to the
beginning of a 25.00 foot radius curve to the right;
THENCE Southwesterly along the arc of said curve and along the Easterly and Southerly line
of said Tract ‘C’ a distance of 39.29 feet, through a central angle of 90°03’16”;
THENCE North 88°50’46” West along the Southerly line of said Tract ‘C’ a distance of 44.95
feet to the POINT OF BEGINNING.
Contains 16, 863 Square Feet, more or less.
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EXHIBIT C-1
Depiction of Permanent Easement Area
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EXHIBIT D
Legal Description of Temporary Construction Easement
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LEGAL DESCRIPTION OF GRANTOR’S PARCEL
Tract ‘C’, Sun Meadows Division No. 2, as recorded in Volume 130 of Plats, Pages 61-62,
records of King County, Washington.
(Reference Deed AFN 19990930002393, Records of King County Washington)
LEGAL DESCRIPTION OF EASEMENT AREA
That portion of the hereinabove described Grantor’s Parcel described as follows:
COMMENCING at the Northwest Corner of said Tract ‘C’;
THENCE North 74°29’23” East along the Northerly line of said Tract ‘C’ a distance of 85.95
feet to the POINT OF BEGINNING;
THENCE Continuing North 74°29’23” East along said Northerly line a distance of 20.00 feet;
THENCE South 14°47’17” East a distance of 79.65 feet;
THENCE North 75°12’43” East a distance of 40.00 feet;
THENCE South 14°47’17” East a distance of 80.00 feet;
THENCE South 75°12’43” West a distance of 100.00 feet;
THENCE North 14°47’17” West a distance of 20.00 feet;
THENCE South 75°12’43” West a distance of 42.23 feet to the Westerly line of said Tract ‘C’
and the beginning of a 825.00 foot radius curve to the left, the center of which bears South
76°36’04” West;
THENCE Northerly along the arc of said curve and said Westerly line a distance of 40.00
feet, through a central angle of 02°46’42”;
THENCE North 75°12’43” East a distance of 82.23 feet;
THENCE North 14°47’17” West a distance of 99.40 feet to the POINT OF BEGINNING.
Contains 10,473 Square Feet, more or less.
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EXHIBIT D-1
Depiction of Temporary Construction Easement Area
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EXISTING 100 FOOT WELL SITE
That portion of Tract ‘C’, Sun Meadows Division No. 2, as recorded in Volume 130 of Plats,
Pages 61-62, records of King County, Washington, described as follows:
A 100 foot radius Well Site easement as shown on said plat of Sun Meadows Division No. 2,
the center of which being 100.00 feet Westerly of the Easterly line of said Tract ‘C’ and
100.00 feet Northerly of the Northerly line of Lot 1 of said Plat, both of which are measured
perpendicular to their respective line.
Said 100 foot radius shall be trimmed along the Westerly line of said Tract ‘C’.
NEW 100 FOOT WELL SITE
That portion of Tract ‘C’, Sun Meadows Division No. 2, as recorded in Volume 130 of Plats,
Pages 61-62, records of King County, Washington, described as follows:
A 100 foot radius, the center of which lies as follows:
BEGINNING at the Northeast corner of said Tract ‘C’;
THENCE South 01°05’58” West along the Westerly line of said Tract ‘C’ a distance of 123.25
feet;
THENCE North 88°54’02” West a distance of 100.00 feet to the center of the herein
described radius.
Said 100 foot radius shall be trimmed along the Westerly line of said Tract ‘C’.
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EXHIBIT E
ControlAreas
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)
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EXHIBIT G
City Recreational Elements
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AGREEMENT BETWEEN LAKE MERIDIAN WATER DISTRICT AND THE CITY OF KENT
RE: EASEMENTS AND IMPROVEMENTS AT SUN MEADOWS PARK
1.The City of Kent (“City”) is the owner of certain real property commonly known as Sun Meadows
Park (“Park”).
2.The City has agreed to grant certain easement rights to Lake Meridian Water District (“District”)
at or near the Park as described and depicted in the EASEMENT AGREEMENT AND DECLARATION
OF PROTECTIVE COVENANTS attached as Exhibit 1 to this Agreement and incorporated herein by
this reference (“Easement Agreement”).
3.In recognition of and in full and complete consideration for the Easement Agreement and the
disruption in use of the Park during construction, the District has agreed to contribute to City,
and City has agreed to accept from District, the sum of $45,000 (the “Consideration”) toward
the cost of City’s contemplated volleyball pit and pickle ball court improvements at the Park (the
“Improvements”).
4.The District will pay the Consideration to the City within 30 days of the City’s delivery to the
District of the Easement Agreement signed by its Mayor.
5.This agreement is effective as of the later of the signature dates below.
IN WITNESS WHEREOF, City and District have executed this Agreement.
CITY/GRANTOR: DISTRICT/GRANTEE:
CITY OF KENT LAKE MERIDIAN WATER DISTRICT,
a Washington municipal corporation a Washington special purpose
municipal corporation
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
Page 1 of 1
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1324932.3 - 049361 -0134
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PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: April 27, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Mendel Property Acquisition - Authorize
MOTION: Authorize the Mayor to take all action necessary and sign all
documents to purchase the Mendel property, located at 10028 S.E. 267th
Street in the City of Kent, for $900,000, plus closing costs, and subject to
final purchase terms and conditions acceptable to the Parks Director and
City Attorney.
SUMMARY: The Mendel property is approximately three acres in size and located
at 10028 S.E. 267th Street in the Scenic Hill neighborhood of Kent and is known as
King County Tax Parcel No. 292205-9210.
This acquisition will allow the city to connect the Mill Creek Canyon Trail through to
the east hill of Kent and construct a trail head park at the south end of Mill Creek
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Canyon. This long-term goal has been in city planning documents dating back to
s. Half of the purchase price will be funded through a grant awarded to
the City of Kent in 2020 through the King County Conservation Futures Tax.
BUDGET IMPACT: Expense impact to the Parks Land Acquisition capital budget
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Mendel Property Acquisition-EXHIBIT (PDF)
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REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This Agreement is entered between the CITY OF KENT, a Washington
th
municipal corporation (“Buyer”), whose mailing address is 220 4 Avenue South,
Kent, Washington 98032-5895, and Robert and Sally Mendel (“Seller”), whose
th
mailing address is 10028 SE 267 Street, Kent, Washington 98030 for the sale and
purchase of real property as follows:
1.PROPERTY. The Property, which Buyer agrees to buy and Seller agreesagrees to buy and Seller agreesagrees to buy and Seller agrees
to sell, is known as King County Tax Parcel Number 202205202205202205---921092109210, , approximately
thth
98,010 square feet in size and located at 10028 SE 26710028 SE 267StreetStreetStreet, Ken, Ken, Kent, WA (the
“Property”). The Property is legally described in Exhibit “A”Exhibit “A”Exhibit “A” and depicted in and depicted in and depicted in Exhibit
“B”, both of which are attached and incorporated.both of which are attached and incorporated.both of which are attached and incorporated.
2.EARNEST MONEY. Within 1010 business business business days of mutual acceptance ofdays of mutual acceptance ofdays of mutual acceptance of
this Agreement, Buyer shall deposit with Rainier Title Insurance this Agreement, Buyer shall deposit with Rainier Title Insurance this Agreement, Buyer shall deposit with Rainier Title
Insurance CompanyCompanyCompanyCompanyCompanyCompany (the
“Escrow Agent”), the sum of Ten ThousandThousandThousand Dollars and NO/100thsDollars and NO/100thsDollars and NO/100ths ($10,000.0010,000.0010,000.0010,000.0010,000.0010,000.00) ) )
in
the form of a check, as refundable earnest money heck, as refundable earnest money heck, as refundable earnest money (“Earnest Money”) to be applied
toward the purchase price of the Property payable at Closing.toward the purchase price of the Property payable at Closing.toward the purchase price of the Property payable at Closing.
3.PURCHASE PRICE.PURCHASE PRICE.PURCHASE PRICE. The total purchase price for the Property is The total purchase price for the Property is The total purchase price for the Property is
Nine
Hundred ThousandThousand DollarsDollars and NO/100ths and NO/100ths and NO/100ths ($900,000.00), which amount includes the
Earnest Money, payable on CEarnest Money, payable on CEarnest Money, payable on Closing.losing.
4.CONTINGENCIESCONTINGENCIESCONTINGENCIES. This Agreement is contingent upon:
a.The Buyer authorization set forth in Section 18 of this Agreement
and the other contingencies provided for throughout this Agreement.
b.No later than 10 business days after the date of mutual
acceptance of this Agreement, Seller shall deliver to Buyer, in a manner consistent
with paragraph 17, a completed Real Property Transfer Disclosure Statement
(“Disclosure Statement”) in the form attached as Exhibit “C”. If Seller fails to deliver
Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 1 of 9
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the Disclosure Statement by the required deadline, then unless Buyer waives this
contingency in writing, the Agreement shall terminate and neither Buyer nor Seller
shall have any further rights, duties, or obligations hereunder, except that the
Earnest Money in Escrow shall be immediately returned to Buyer.
c. Within 5 business days of Buyer’s receipt of the Disclosure
Statement delivered in a timely manner from Seller, Buyer shall, in its sole and
absolute discretion, either approve and accept the Disclosure Statement or rescind
this Agreement by delivering to Seller a written rescission notice.this Agreement by delivering to Seller a written rescission notice.this Agreement by delivering to Seller a written
rescission notice. If Buyer neither
accepts nor delivers a written rescission notice, then Buyer will be deemed to have accepts nor delivers a written rescission notice, then Buyer will be deemed to have 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 If Buyer delivers a written If Buyer delivers a written
rescission notice, then this Agreement shall terminate and neither Buyer nor Seller rescission notice, then this Agreement shall terminate and neither Buyer nor Seller rescission notice,
then this Agreement shall terminate and neither Buyer nor Seller rescission notice, then this Agreement shall terminate and neither Buyer nor Seller rescission notice, then this Agreement
shall terminate and neither Buyer nor Seller
shall have any further rights, duties, or obligations hereunder, except that the or obligations hereunder, except that the or obligations hereunder, except that the or obligations hereunder,
except that the
Earnest Money in Escrow shall be immediately returned to Buyer.be immediately returned to Buyer.be immediately returned to Buyer.
d. A feasibility study as follows:A feasibility study as follows:A feasibility study as follows:
i. Buyer shall have 60 days from the date of mutual Buyer shall have 60 days from the date of mutual Buyer shall have 60 days from the date of mutual
acceptance of this Agreement to determine, in Buyer’s sole and absolute discretion, acceptance of this Agreement to determine, in Buyer’s sole and absolute discretion, acceptance of
this Agreement to determine, in Buyer’s sole and absolute discretion, acceptance of this Agreement to determine, in Buyer’s sole and absolute discretion, acceptance of this Agreement
to determine, in Buyer’s sole and absolute discretion,
if the property is feasible for the purposes andif the property is feasible for the purposes andif the property is feasible for the purposes andif the property is feasible for the purposes
andif the property is feasible for the purposes and uses intended (“Feasibility Period”).
The Feasibility Period may be reduced if it is determined that a Phase II environmental The Feasibility Period may be reduced if it is determined that a Phase II environmental The Feasibility
Period may be reduced if it is determined that a Phase II environmental
assessment is unnecessary. However, if it is determined that a Phase II assessment is unnecessary. However, if it is determined that a Phase II assessment is unnecessary. However, if
it is determined that a Phase II assessment is unnecessary. However, if it is determined that a Phase II
environmental assessment is necessary, the full 60environmental assessment is necessary, the full 60environmental assessment is necessary, the full 60environmental assessment is necessary,
the full 60environmental assessment is necessary, the full 60-day Feasibility Period will be
required and further extended as may be necessary.required and further extended as may be necessary.required and further extended as may be necessary.
ii.ii.ii. Buyer’s feasibility study may include (but is not limited to)
a Phase I and a Phase II environmental assessment, to determine if the Property is
feasible for the purposes and uses intended.
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
Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 2 of 9
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potential of a contaminated site, a Phase II environmental assessment may be
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
NOTIFIED IF A PHASE II ENVIRONMENTAL ASSESSMENT IS TO BE CONDUCTED.
iv. Buyer agrees to conduct its feasibility study at its sole cost Buyer agrees to conduct its feasibility study at its sole cost Buyer agrees to conduct its feasibility study at its
sole cost
and expense; and if Buyer does not remove the feasibility contingency, then Buyer and expense; and if Buyer does not remove the feasibility contingency, then Buyer and expense; and if
Buyer does not remove the feasibility contingency, then Buyer
also agrees, if requested by Seller, to deliver to Seller copies of all information and also agrees, if requested by Seller, to deliver to Seller copies of all information and also agrees,
if requested by Seller, to deliver to Seller copies of all information and
documentation obtained by Buyer in connection with the feasibility study.documentation obtained by Buyer in connection with the feasibility study.documentation obtained by Buyer in connection
with the feasibility study.documentation obtained by Buyer in connection with the feasibility study.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 fails to notify Seller of its approval of the Property, in writing, on or before the fails to notify
Seller of its approval of the Property, in writing, on or before the 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 expiration of the feasibility period, then this Agreement shall be terminated, and expiration of the
feasibility period, then this Agreement shall be terminated, and
neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, neither
Buyer nor Seller shall have any further rights, duties or obligations hereunder, 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.except that the Earnest Money in Escrow shall be immediately returned to Buyer.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 Following any environmental assessment, Buyer agrees to return the property to its Following any environmental
assessment, Buyer agrees to return the property to its
original state (i.e. fill all boring holes, etc.).original state (i.e. fill all boring holes, etc.).original state (i.e. fill all boring holes, etc.).original state (i.e. fill all boring
holes, etc.).original state (i.e. fill all boring holes, etc.).
e. This Agreement is also contingent upon insurability of title as This Agreement is also contingent upon insurability of title as This Agreement is also contingent upon insurability
of title as
addressed in paragraph 6 below.essed in paragraph 6 below.essed in paragraph 6 below.essed in paragraph 6 below.
Should any of the contingeShould any of the contingeShould any of the contingencies provided for above or throughout this
Agreement not be met prior to Closing, then this Agreement shall terminate and not be met prior to Closing, then this Agreement shall terminate and not be met prior to Closing, then
this Agreement shall terminate and
neither Buyer noneither Buyer noneither Buyer nor r r Seller shall have any further rights, dutiesSeller shall have any further rights, dutiesSeller shall have any further rights, duties,
or obligations
hereunder, except that the Earnest Money in Escrow shall be immediately returned except that the Earnest Money in Escrow shall be immediately returned except that the Earnest Money in
Escrow shall be immediately returned
to Buyer.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the Property
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, Part II,
Special Exceptions paragraph(s) 1 through 13of Rainier Title Report Number
______________, described in the attached and incorporated Exhibit “D”. All other
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special exceptions therein are to be removed from the Property on or before Closing.
General exclusions and exceptions common to the area and not materially affecting
the value of or unduly interfering with Buyer’s reasonable use of the Property shall
be permitted. All monetary encumbrances and special exceptions listed in Exhibit
“D”, other than those specifically noted above, are to be removed from the Property
on or before Closing.
6. TITLE INSURANCE. At Closing, Buyer shall cause Rainier Titleshall cause Rainier Titleshall cause Rainier Titleshall cause Rainier Titleshall cause Rainier Titleshall cause Rainier
Title, who is
also serving as Escrow Agent, to issue standard coverage owner's policy of title also serving as Escrow Agent, to issue standard coverage owner's policy of title also serving as Escrow
Agent, to issue standard coverage owner's policy of title
insurance to Buyer in an amount equal to the total purchase price of the Property.insurance to Buyer in an amount equal to the total purchase price of the Property.insurance to Buyer
in an amount equal to the total purchase price of the Property.
For purposes of this Agreement, the following shall not constitute constitute constitute encumbrances or encumbrances or encumbrances or
defects: rights reserved in federal patents or state deeds, building or use restrictions rights reserved in federal patents or state deeds, building or use restrictions rights reserved
in federal patents or state deeds, building or use restrictions rights reserved in federal patents or state deeds, building or use restrictions rights reserved in federal patents or
state deeds, building or use restrictions
consistent with current zoning, and utility and road easements of record.and utility and road easements of record.and utility and road easements of record.and utility and road easements
of record. If title
cannot be made so insurable prior to Closing, unless Buyer elects to waive such unless Buyer elects to waive such unless Buyer elects to waive such
defects or encumbrances, this Agreement shall terminate and the Earnest Money defects or encumbrances, this Agreement shall terminate and the Earnest Money defects or encumbrances, this
Agreement shall terminate and the Earnest Money defects or encumbrances, this Agreement shall terminate and the Earnest Money
shall be returned to Buyer.
7. CLOSING COSTS AND PROCLOSING COSTS AND PROCLOSING COSTS AND PROCLOSING COSTS AND PRO---RATIONS.RATIONS. The escrow fee, and Excise
Tax, if applicable, shall be paidshall be paidshall be paid by Sellerby Sellerby Seller, except for those fees which are expressly except for those fees which are expressly except for
those fees which are expressly
limited by federal regulationegulationegulations. s. s. Buyer shall pay all recording costs, title insurance Buyer shall pay all recording costs, title insurance Buyer shall pay all
recording costs, title insurance
premium, the costs of any survey, and the fees and expenses of its consultants.premium, the costs of any survey, and the fees and expenses of its consultants.premium, the costs of any
survey, and the fees and expenses of its consultants.premium, the costs of any survey, and the fees and expenses of its consultants.
Taxes for the current year, rents, interest, water, sewerTaxes for the current year, rents, interest, water, sewerTaxes for the current year, rents, interest, water, sewerTaxes for the
current year, rents, interest, water, sewerTaxes for the current year, rents, interest, water, sewer, and other utility charges,
if any, shall be paid by Seller, and if any, shall be paid by Seller, and if any, shall be paid by Seller, and prorated as of the day of Closing, unless otherwise
agreed.
8. CLOSING OF THE SALE.CLOSING OF THE SALE.CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed by 5:00 PM on
__________, 2021, which shall also be the termination date of this Agreement,
unless said Closing date is extended in writing by mutual agreement of the parties.
If a Phase II environmental assessment is necessary under Section 4.d. and that
assessment cannot reasonably be completed prior to the Closing date provided for assessment cannot reasonably be completed prior to the Closing date provided for assessment cannot reasonably
be completed prior to the Closing date provided for assessment cannot reasonably be completed prior to the Closing date provided for assessment cannot reasonably be completed prior
to the Closing date provided for
Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
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in this Section 8, the parties agree to extend the Closing date for a reasonable time
to allow for the completion of that assessment and the Seller to evaluate its findings.
In addition to the Mayor, the Parks Director for the City is also
authorized to extend closing on behalf of the City. When notified, the Buyer and Seller
will deposit, without delay, in escrow with Escrow Agent, all instruments and monies
required to complete the transaction in accordance with this Agreement. Closing, for
the purpose of this Agreement, is defined as the date that all documents are executed
and the sale proceeds are available for disbursement to the Seller.and the sale proceeds are available for disbursement to the Seller.and the sale proceeds are available for disbursement
to the Seller.
9. CASUALTY LOSS. If, prior to Closing, improvements on the Property prior to Closing, improvements on the Property prior to Closing, improvements on the Property
are destroyed or materially damaged by fire or other casualty, this Agreement, at destroyed or materially damaged by fire or other casualty, this Agreement, at destroyed or materially
damaged by fire or other casualty, this Agreement, at destroyed or materially damaged by fire or other casualty, this Agreement, at destroyed or materially damaged by fire or other
casualty, this Agreement, at
option of the Buyer, shall become null and void.option of the Buyer, shall become null and void.option of the Buyer, shall become null and void.
10. POSSESSION. Buyer shall be entitled to possession on CBuyer shall be entitled to possession on CBuyer shall be entitled to possession on CBuyer shall be entitled to possession on
Closing.
11. SELLER’S REPRESENTATIONS.SELLER’S REPRESENTATIONS.SELLER’S REPRESENTATIONS. Seller represents:Seller represents:Seller represents:Seller represents:
a. that Seller will maintain the Property in present or betwill maintain the Property in present or betwill maintain the Property in present or better
condition until time of agreed possession;condition until time of agreed possession;condition until time of agreed possession;condition until time of agreed possession;
b. that Sellerthat Sellerthat Seller has no knowledge of notice from any governmental has no knowledge of notice from any governmental has no knowledge of notice from any governmental
agency of any violation of laws relating to the Pagency of any violation of laws relating to the Pagency of any violation of laws relating to the Pagency of any violation of laws relating
to the Property except:
c.c.c. that Seller is in possession of the Property and the Property is not that Seller is in possession of the Property and the Property is not that Seller is in possession of the Property
and the Property is not
subject to any lease or rental subject to any lease or rental subject to any lease or rental agreements.
12. SELLER’S ENVIRONMENTAL REPRESENTATIONS. Seller represents
that, to the best of Seller’s knowledge, Seller is not aware of the existence of, or has
caused or allowed to be caused, any environmental condition (including, without
limitation, a spill, discharge or contamination) that existed as of and/or prior to
Closing or any act of omission occurring prior to Closing, the result of which may
require remedial action pursuant to any federal, state or local law or may be the basis
for the assertion of any third party claims, including claims of governmental entities.
Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
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This provision shall survive Closing and be in addition to Seller’s obligation for breach
of a representation or warranty as may be set forth herein.
13. SELLER’S INDEMNITIES: Seller agrees to defend, indemnify, and hold
harmless the Buyer, against and in respect of, any and all damages, claims, losses,
liabilities, judgments, demands, fees, obligations, assessments, and expenses and
costs, including, without limitation, reasonable legal, accounting, consulting,
engineering and other expenses which may be imposed upon or incurred by Buyer,
or asserted against Buyer, by any other party or parties (including, without Buyer, by any other party or parties (including, without Buyer, by any other party or parties (including,
without limitation,
a governmental entity), arising out of or in connection with any environmental entity), arising out of or in connection with any environmental 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 condition existing as of and/or prior to Closing, including the exposure of any person condition
existing as of and/or prior to Closing, including the exposure of any person
to any such environmental condition, regardless of whether such to any such environmental condition, regardless of whether such to any such environmental condition, regardless of whether
such to any such environmental condition, regardless of whether such to any such environmental condition, regardless of whether such environmental
condition or exposure resulted from activities of Seller or Seller’s predecessors in activities of Seller or Seller’s predecessors in activities of Seller or Seller’s predecessors in
activities of Seller or Seller’s predecessors in
interest. This indemnity shall survive Closing and be in addition to Seller’s obligation losing and be in addition to Seller’s obligation losing and be in addition to Seller’s obligation
for breach of a representation or warranty as may be set forth herein.ation or warranty as may be set forth herein.ation or warranty as may be set forth herein.ation or warranty as may
be set forth herein.
14. DEFAULT AND ATTORNEY’S FEES.DEFAULT AND ATTORNEY’S FEES.DEFAULT AND ATTORNEY’S FEES.
a. Buyer’s DefaultBuyer’s DefaultBuyer’s Default. If Buyer . If Buyer . If Buyer defaults hereunderdefaults hereunder, Seller’s sole remedy
shall be limited to damages against Buyer in the liquidated amount of the shall be limited to damages against Buyer in the liquidated amount of the shall be limited to damages against
Buyer in the liquidated amount of the shall be limited to damages against Buyer in the liquidated amount of the shall be limited to damages against Buyer in the liquidated amount of
the Earnest
Money previously paid by the Buyer.oney previously paid by the Buyer.oney previously paid by the Buyer. Buyer and Seller intend that this amount
constitutes liquidated damages and so as to avoid other constitutes liquidated damages and so as to avoid other constitutes liquidated damages and so as to avoid other constitutes liquidated
damages and so as to avoid other costs and expenses to either
party in connection with potential litigation on account of Buyer’s default.party in connection with potential litigation on account of Buyer’s default.party in connection with potential
litigation on account of Buyer’s default.party in connection with potential litigation on account of Buyer’s default.party in connection with potential litigation on account of Buyer’s
default. Buyer and
Seller believe Seller believe Seller believe thisthisthis amount to be a fair estimate of actual damages.amount to be a fair estimate of actual damages.amount to be a fair estimate of
actual damages.
b. Seller’s DefaultSeller’s DefaultSeller’s Default. If Seller defaults hereunder, Buyer shall have all
the rights and remedies available at law or in equity.
c. Attorney’s Fees and Costs. In the event of litigation to enforce
any of the terms or provisions herein, each party shall pay all its own costs and
attorney’s fees.
15. NOTICE TO SELLER. This form contains provisions for an agreement
for the purchase and sale of real estate. Buyer makes no warranty or representation
Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
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of any kind that this form, or any of its provisions, is intended to meet the factual
and legal requirements of a particular transaction, or that it accurately reflects the
laws of the State of Washington at the time Seller enters into the Agreement. THIS
AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS
ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING
THESE CONSEQUENCES.
16. NON-MERGER. The terms, conditions, and provisions of this Agreement
shall not be deemed merged into the deed, and shall survive the Closing and continue shall not be deemed merged into the deed, and shall survive the Closing and continue shall not be
deemed merged into the deed, and shall survive the Closing and continue
in full force and effect.
17. NOTICES. All notices required or permitted to be given hereunder shall All notices required or permitted to be given hereunder shall All notices required or permitted to be given
hereunder shall All notices required or permitted to be given hereunder shall All notices required or permitted to be given hereunder shall
be in writing and shall be sent U.S. certified mail, return receipt requested, or by be in writing and shall be sent U.S. certified mail, return receipt requested, or by be in writing
and shall be sent U.S. certified mail, return receipt requested, or by be in writing and shall be sent U.S. certified mail, return receipt requested, or by
facsimile transmission addressed as set forth below:facsimile transmission addressed as set forth below:facsimile transmission addressed as set forth below:
(a) All notices to be given to BuyerBuyerBuyer shall be addressed as follows:shall be addressed as follows:shall be addressed as follows:shall be addressed as follows:
City of Kent
Attn: Julie ParascondolaJulie Parascondola
Parks, Recreation, arks, Recreation, arks, Recreation, & & Community ServicesCommunity ServicesCommunity ServicesCommunity Services
220 Fourth Avenue South220 Fourth Avenue South220 Fourth Avenue South
Kent, WA 980329803298032
JParascondola@KentWAJParascondola@KentWAJParascondola@KentWA.gov.gov.gov
Fax: 253Fax: 253-856-605060506050
And to:And to:And to:
City of KentCity of KentCity of Kent
Attn:Attn:Attn: City ClerkCity ClerkCity Clerk
220 Fourth Avenue South220 Fourth Avenue South220 Fourth Avenue South
Kent, WAKent, WAKent, WA 98032
CityClerk@KentWA.gov
Fax:253-856-6725
(b) All notices to be given to Seller shall be addressed as follows:
Robert and Sally Mendel
th
10028 SE 267 Street
Kent, WA 98030
(c) All notices to be given to Escrow Agent shall be addressed as follows:
Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
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Rainier Title Insurance Company
Kent, WA 98032
__________@__________
Fax:
Either party hereto may, by written notice to the other, designate such other address
for the giving of notices as necessary. All notices shall be deemed given on the day
such notice is personally served, or on the date of the facsimile transmission, or on
the third day following the day such notice is mailed in accordance with this the third day following the day such notice is mailed in accordance with this the third day following the
day such notice is mailed in accordance with this section.
18. CITY COUNCIL ACTION. The Kent City Council authorized this The Kent City Council authorized this The Kent City Council authorized this
property acquisition on ____________________, by by by its approval its approval its approval its approval upon Council action upon Council action upon Council action
at its regularly scheduled Council meeting on that date.at its regularly scheduled Council meeting on that date.at its regularly scheduled Council meeting on that date.
19. ENTIRE AGREEMENT. This Agreement, including all This Agreement, including all This Agreement, including all This Agreement, including all incorporated
exhibits, constitutes the full understanding between Seller and Buyer.constitutes the full understanding between Seller and Buyer.constitutes the full understanding between Seller and
Buyer.constitutes the full understanding between Seller and Buyer.constitutes the full understanding between Seller and Buyer. There have
been no verbal or other agreements that modify this Agreement.been no verbal or other agreements that modify this Agreement.been no verbal or other agreements that modify this Agreement.
20. BINDING EFFECT AND SURVIVAL. BINDING EFFECT AND SURVIVAL. BINDING EFFECT AND SURVIVAL. BINDING EFFECT AND SURVIVAL. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding
upon parties hereto and their reupon parties hereto and their reupon parties hereto and their respective heirs, successorsspective heirs, successorsspective heirs, successorsspective
heirs, successorsspective heirs, successors, and assigns; and the
terms, conditions and provisions of this Agreement shall survive the Closing of this terms, conditions and provisions of this Agreement shall survive the Closing of this terms, conditions
and provisions of this Agreement shall survive the Closing of this
transaction.
21. DATE OF MUTUAL ACCEPTANCE.DATE OF MUTUAL ACCEPTANCE.DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement,
the date of mutual acceptance of this Agreement shall be the last date on which the the date of mutual acceptance of this Agreement shall be the last date on which the the date of mutual
acceptance of this Agreement shall be the last date on which the
parties to this Agreement have executed this Agreement as indicated belowparties to this Agreement have executed this Agreement as indicated belowparties to this Agreement have executed
this Agreement as indicated below.
22. FORCE MAJEURE. Performance by Seller or Buyer of their obligations
under this Agreement shall be extended by the period of delay caused by force
majeure. Force majeure is war, natural catastrophe, strikes, walkouts or other labor
disturbance, order of any government, court or regulatory body having jurisdiction,
or any similar cause beyond the reasonable control of the party who is obligated to
render performance.
Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
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5/F/b
23. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement. Further, upon executing this Agreement, either party
may deliver the signature page to the other by fax or email and that signature shall
have the same force and effect as if the Agreement bearing the original signature
was received in person.
24. EXPIRATION OF OFFER. Seller shall have only until 5:00er shall have only until 5:00 pm on
_____________________________________, to accept the , to accept the , to accept the AAAgreement as written, greement as written,
by delivering a signed copy thereof to the Buyer or Buyer’s agentby delivering a signed copy thereof to the Buyer or Buyer’s agentby delivering a signed copy thereof to the Buyer or
Buyer’s agent. . . If If SellerSeller does not
so deliver a signed copy of this Agreement by that stated date and time, of this Agreement by that stated date and time, of this Agreement by that stated date and time, of this Agreement
by that stated date and time, of this Agreement by that stated date and time, this
Agreement shall lapse and all right of the parties hereunder shall terminate.Agreement shall lapse and all right of the parties hereunder shall terminate.Agreement shall lapse and all
right of the parties hereunder shall terminate.Agreement shall lapse and all right of the parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on EREOF, the parties hereto have executed this Agreement on EREOF, the parties hereto have executed this Agreement
on EREOF, the parties hereto have executed this Agreement on
the date set forth below.
BUYER:
CITY OF KENT
Name: Dana RalphDana Ralph
Title: Mayor
Dated:
SELLER: SELLER:
By: By:
Robert Mendel Sally Mendel
Dated: Dated:
Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
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