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City Council Committees - Public Works Committee - 05/15/2023 (3)
Public Works Committee • Monday, May 15, 2023 KEN T 4:00 PM WASHINGTON Chambers To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 885 9594 2522, Passcode: 517648 Chair Brenda Fincher Councilmember Satwinder Kaur Councilmember Marli Larimer ************************************************************** Item Description Action Speaker Time 1. Call to Order Chair 2. Roll Call Chair 3. Agenda Approval Chair 4. Business Chair A. Approval of May 1, 2023 YES Chair 01 MIN. Minutes B. Lake Meridian Water District YES Dave Brock 05 MIN. Franchise Amendment C. Lake Meridian Water District YES Dave Brock 05 MIN. Service Area Boundary Adjustment Agreement D. Lake Meridian Water District YES Dave Brock 05 MIN. Property Use and Easement Agreement E. King County Re+ Pledge YES Rowena Valencia-Gica 05 MIN. F. INFO ONLY: Sidewalk NO Chad Bieren 05 MIN. Prioritization and Maintenance 5. Adjournment Chair The public may submit written public comments that relate to a committee agenda item by emailing: cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written public comments may only be submitted in person by presenting them to the committee secretary at Public Works Committee CC PW Regular Meeting May 15, 2023 the public meeting. Written public comments that do not relate to a committee agenda item are not permitted. Written public comments are not read into the record. Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Mondays of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent WA 98032. For additional information, contact Karin Bayes at 253-856-5657 or email KBayes@kentwa.gov, or Cheryl Viseth at 253-856-5504, or email Cviseth@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856- 5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. 4.A Approved Public Works Committee KENT CC PW Regular Meeting WA9H... Minutes May 1, 2023 Date: May 1, 2023 Time: 4:00 p.m. Place: Chambers Members: Brenda Fincher, Committee Chair Satwinder Kaur, Councilmember Marli Larimer, Councilmember Agenda: N N 1. Call to Order 4:00 p.m. .N 2. Roll Call m Attendee Name Title Status Arrived a 0 Brenda Fincher Committee Chair Present Satwinder Kaur Councilmember Absent N Marli Larimer Councilmember Present N r 3. Agenda Approval M 4. Business o A. Approval of Minutes dated April 3, 2023 c The minutes of the April 3, 2023 Public Works Committee meeting were 2 approved without changes. c MOTION: Move to approve the Minutes dated April 3, 2023 r a a� RESULT: APPROVED [UNANIMOUS] U Q MOVER: Marli Larimer, Councilmember SECONDER: Brenda Fincher, Committee Chair AYES: Fincher, Larimer B. INFORMATION ONLY: King County Flood Control District Lower Green River Corridor Plan In Mike Mactutis' absence, Chad Bieren, Public Works Director, presented the King County Flood Control District Lower Green River Corridor Flood Hazard Management Plan. Mr. Bieren discussed the history, purpose and importance of the plan. Mr. Bieren also went over the status of the Draft Programmatic Environmental Impact Statement (PEIS) and provided an overview of the three (3) alternatives to project implementation. Information was provided for public comments as well as the next steps in the plan. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page I of 2 Packet Pg. 3 4.A Public Works Committee CC PW Regular Meeting May 1, 2023 Minutes Kent, Washington C. INFORMATION ONLY: Department of Ecology's Spills Coastal Protection Fund Grant Application Kyra Kaiser provided a summary of the Department of Ecology Environmental Restoration grant. Ms. Kaiser stated if the City is selected to receive these grant funds, they will be used for debris removal and site clean-up at the McSorley Wetlands Complex. Ms. Kaiser briefly described the McSorely Wetland, identified the location and noted its importance as well as the benefits this clean-up would provide. D. INFORMATION ONLY: Planet Protectors Summit Tony Donati, Conservation Coordinator, provided a recap of this year's Planet Protectors Summit which was held at Green River College on March 28, 2023. Mr. Donati described the events, presenters and topics enjoyed by over 500 =_ students from the Kent School district. m_ E. 3545 : 2024-2029 Six-Year Transportation Improvement Program IL David Paine, City Transportation Planner, presented an overview of the 2024- o 2029 Six-Year Transportation Improvement Program (TIP). Mr. Paine went over the schedule, community involvement and some benefits of including N projects on the TIP. Mr. Paine shared where the public can provide feedback N and find more information. A public hearing will be held regarding the proposed TIP by the City Council on May 16, 2023. 4- 5. Adjournment 5:02 p.m. ° a� Y," yv3ayet- Committee Secretary a� c r a a� Q a� c ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 2 of 2 Packet Pg. 4 4.6 PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5500 DATE: May 15, 2023 TO: Public Works Committee SUBJECT: Lake Meridian Water District Franchise Amendment MOTION: Move to adopt an Ordinance amending Lake Meridian Water District's 2017 franchise with the City to recognize the District's name change and to extend the franchise term. SUMMARY: Over the past year, the City and Lake Meridian Water District (formerly known as Water District No. 111) have been negotiating a Franchise Amendment, Service Area Boundary Adjustment, and a Property Use and Easement Agreement. These three agreements have been negotiated concurrently and are viewed as 'bundled together' by both agencies. The Franchise Amendment makes two changes to the District's existing franchise, which was adopted in 2017 (Ordinance No. 4241). First, it recognizes the District's name change to Lake Meridian Water District. Second, it extends the term of the District's franchise to twenty years from the effective date of the amendment, with the opportunity for one, five-year extension. The original franchises had a term of 10 years with one automatic 5-year extension. All other franchise terms remain the same. Specifically, the franchise fee remains at 6 percent of the District's gross revenues, and the City continues to agree not to impose a utility tax during the franchise term. The agreement to extend the District's franchise is in exchange for the adjustment of the District's and City's water service boundaries, allowing the City to serve the Kent East Hill Operations Center and the entirety of Clark Lake Park. BUDGET IMPACT: The franchise Amendment maintains a six percent franchise fee of the District's gross revenues which provides general fund revenue to the City. 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. Packet Pg. 5 4.B Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Lake Meridian Franchise Amendment Ordinance (PDF) Packet Pg. 6 4.B.a r c m ORDINANCE NO. c as E a as AN ORDINANCE of the City Council of the City of Kent, Washington, approving an amendment to the 2017 Franchise with Lake Meridian Water U- District, formerly known as King County Water c District No. 111, in order to: 1) recognize the District's name change; and 2) to extend the term length of the Franchise. Y J uO RECITALS as U A. Lake Meridian Water District, formerly known as King County Water District No. 111, a Washington special purpose municipal corporation o r ("District"), owns and operates water facilities ("Facilities") and provides a E retail utility water service to customers located within the District's corporate and approved retail water utility service area. Some of these Facilities are E Q located in the City of Kent ("City"). N U c L B. The City also owns and operates a water utility system and provides retail water utility services to customers located within the City's L d corporate and approved retail water service area boundaries. Portions of the a� District's and the City's corporate and retail water utility service area J boundaries are adjacent. E a 1 Ordinance - Franchise Amendment- Lake Meridian Water District fka King County Water District No. 111 Packet Pg. 7 4.B.a C. RCW 35A.47.040 authorizes the City to grant non-exclusive franchises for the use of the public streets above or below the surface of the ground by publicly owned and operated water facilities. r D. The City and the District entered into a Franchise Agreement on April 4, 2017 ("2017 Franchise") through the adoption of Ordinance No. c 4241. The 2017 Franchise granted the District a non-exclusive franchise to a a� construct, maintain, operate, replace, and repair a water system within A public rights-of-way of the City. As part of the 2017 Franchise, the District L agreed to pay to the City a franchise fee in the amount of 6% of the District's annual revenue. The 2017 Franchise had a term of 10 years, with an a� additional automatic extension of 5 years. a� J E. Now, in exchange for allowing the City to serve the following W LO additional properties: the Kent East Hill Operations Center ("KEHOC") and the entirety of Clark Lake Park, the City agreed to extend the term of the c Franchise. The service area boundaries of the City and District will be 0 amended in a separate agreement. E c F. Additionally, after the effective date of the 2017 Franchise, the a King County Council unanimously approved a requested name change of N King County Water District No. 111 to Lake Meridian Water District on April 17, 2018. This name change became effective January 1, 2019 in c accordance with RCW 57.04.065. This amendment will also recognize the •L name change with respect to the terms of the 2017 Franchise. a� J NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, r c a� WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: E r 2 Ordinance - Franchise Amendment- Lake Meridian Water District fka King County Water District No. 111 Packet Pg. 8 4.B.a ORDINANCE SECTION 1. - Incorporation of Recitals. The recitals set forth above are hereby adopted as if set forth in full herein. r c a� E SECTION 2. - Name Change. All references to King County Water c a� District No. 111 in the 2017 Franchise shall be amended to Lake Meridian E a Water District. A t c L SECTION 3. - Franchise Term Extended. Section 10 of the 2017 Franchise entitled "Franchise Term" is hereby amended as follows: a� Section 10. - Franchise Term. This Franchise shall have a term of J ten (10) twenty (201 years from the Effective Date of this Amendment LO W Effe-toye Date which will be the date of the adoption of a resolution M by the District accepting this Amendment as defined in Section 29 herein and applied to this Amendment; provided, this Franchise shall L be automatically extended for one additional five (5) year period o r c unless either Party at least one hundred eighty (180) days prior to the termination date of the Franchise provides written notice to the other Party of its intent to terminate the Franchise at the end of the a a� Franchise term; provided, at the end of the (5) year term, this Franchise shall be automatically extended for successive one (1) year 2 U- periods unless either Party at least one hundred twenty (120) days prior to the termination date of any one (1) year extension provides written notice to the other Party of its intent to terminate the Franchise at the end of the current Franchise term. r c SECTION 4. - All Other Terms Remain in Full Force and Effect. E Except as specifically modified by this ordinance, all other terms, conditions, .2 3 Ordinance - Franchise Amendment- Lake Meridian Water District fka King County Water District No. 111 Packet Pg. 9 4.B.a or provisions set forth in the 2017 Franchise shall remain in full force and effect. SECTION 5. - Severability. If any one or more section, subsection, r or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance c and the same shall remain in full force and effect. a a� U SECTION 6. - Corrections by City Clerk or Code Reviser. Upon L approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the a� correction of clerical errors; ordinance, section, or subsection numbering; or a� Y references to other local, state, or federal laws, codes, rules, or regulations. LO W In SECTION 7. - Effective Date. This ordinance shall take effect and be a� in force 30 days from and after its passage, as provided by law. L O r E DANA RALPH, MAYOR Date Approved E Q as ATTEST: U c L LL KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted L Cd C Date Published J r c as APPROVED AS TO FORM: a TAM MY WHITE, CITY ATTORNEY 4 Ordinance - Franchise Amendment- Lake Meridian Water District fka King County Water District No. 111 Packet Pg. 10 4.0 PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5500 DATE: May 15, 2023 TO: Public Works Committee SUBJECT: Lake Meridian Water District Service Area Boundary Adjustment Agreement MOTION: Move to authorize the Mayor to sign the Water Service Area Boundary Adjustment Agreement between the City and Lake Meridian Water District, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Over the past year, the City and Lake Meridian Water District (District) have been negotiating a Franchise Amendment, Service Area Boundary Adjustment, and a Property Use and Easement Agreement. These three agreements have been negotiated concurrently and are viewed as 'bundled together' by both agencies. The City's and the District's water service area boundaries were established and approved pursuant to RCW 70.116, the Public Water System Coordination Act of 1977. Since that time, the City and District have worked collaboratively to make adjustments to our mutual boundary accounting for lot line changes and existing infrastructure. With this service area boundary adjustment, the Kent East Hill Operations Center parcels and the entirety of Clark Lake Park (including the parcels recently purchased by the City), will become part of the City's exclusive water service area. In exchange for adjusting the boundaries and allowing the City to serve these properties, the City has agreed to extend the District's franchise in the Franchise Amendment that is also before Council. BUDGET IMPACT: There is no budget impact to the water utility. 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. Thrivinq City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Packet Pg. 11 4.0 Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Lake Meridian Water District Service Area Boundary Adjustment Agreement (PDF) Packet Pg. 12 4.C.a WATER SERVICE AREA BOUNDARY ADJUSTMENT AGREEMENT it This Water Service Area Boundary Adjustment Agreement ("Agreement") is N T between the City of Kent, a Washington municipal corporation ("City"), and Lake Meridian Water District, a Washington special purpose municipal corporation N ("District"). � a� Recitals c A. The City and the District own and operate water systems and provide retail water utility services to customers located within their respective corporate and approved utility service area boundaries. Portions of the District's and the City's water service area boundaries are adjacent. B. The City's and the District's exclusive water service area boundaries M have been established and approved pursuant to Chapter 70A.100 RCW, the Public Water System Coordination Act of 1977 ("Act"). In accordance with the South King County Coordinated Water System Plan prepared pursuant to the Act, the City and E a� the District have been designated the exclusive water service purveyors within their respective authorized water service areas. The City's and District's retail water Q service area boundaries have also been established and approved pursuant to water system plans approved by the Washington State Department of Health (DOH), King E County, and other public agencies with jurisdiction. The water system plans designate 0 the City and the District as the exclusive water service purveyors within their a respective authorized retail water service areas. C. The City acquired three parcels within the District's service area in 1999 for the purpose of building a maintenance and operations center ("KEHOC") for its m° Public Works and Parks Departments. Since the time of acquisition, the City has continued to make investments to support KEHOC. These improvements included the Q construction of a 4 Million Gallon Water Reservoir in 2011 and an accompanying 20- inch diameter distribution main. The City has an interest in incorporating KEHOC into its service area, so that it would lie entirely within the City's exclusive retail water U) T service area, so long as the City retains ownership of these parcels. D. Clark Lake Park is a passive recreational facility owned by the City. Approximately one-third of the park acreage currently lies within the City's exclusive water service area, and the other two-thirds of the park acreage lie within the District's exclusive water service area. The City owns an existing 20-inch diameter water main within SE 248th Street, which runs along the southern border of Clark Lake Park. Because of this existing infrastructure, it is in the City's interest to serve the entirety of Clark Lake Park. Y J r C N E L Water Service Area Boundary Adjustment Agreement (City of Kent and Lake Meridian Water District) Q Page 1 Packet Pg. 13 4.C.a m L F. In 2017, the District and the City entered into a franchise agreement Q ("Franchise") authorizing the use of the City's rights-of-way for the installation and 2 it maintenance of the District's facilities. As part of the Franchise, the District agreed to pay to the City a franchise fee in the amount of 6% of the District's revenue. The T Franchise has a term of 10 years, with an additional automatic extension of 5 years. r In exchange for allowing the City to serve KEHOC and Clark Lake Park and altering o the City's and the District's water service areas accordingly, the term of the Franchise term will be extended as set forth in this Agreement and a separate amendment to the Franchise. The Parties therefore agree as follows. Agreement J 1. Water Service Area Boundary Adjustment. The Parties hereby agree to to adjust the water service area boundary between the City and the District so that all M the property as set forth in this Section 1 and legally described in Exhibit A will be , added to and lie entirely within the City's exclusive retail water service area as of the E Effective Date of this Agreement. A depiction showing the adjusted and modified exclusive retail water service area boundaries between the Parties is attached for illustrative purposes as part of Exhibit A. Q a� 1.1 KEHOC Site. This Agreement adds the following three City-owned E parcels planned to be used to build the City's Kent East Hill Operations Center ("KEHOC") to the City's exclusive retail water service area: 2122059132; a 2122059140; and 2122059147. If, at any time after the Effective Date of this Agreement, the City conveys its ownership interest in the KEHOC site to another party, the City shall pay the District one-half of the water system c development charges ("SDC") collected pursuant to Kent City Code m 7.02.090(C). The City shall tender payment of the SDC to the District within sixty (60) calendar days from the date the City receives payment. Q U 1.2 Clark Lake Park. This Agreement adds the remaining portion of the assemblage of parcels owned by the City comprising Clark Lake Park to the T City's exclusive retail water service area ("New Clark Lake Service Area"). Previously, roughly one-third of the Park's acreage was included within the o City's exclusive water service area. If, at any time after the Effective Date of this Agreement, the City constructs new improvements on the New Clark Lake Service Area or conveys its ownership interest in the New Clark Lake Service Area to another party, then the City shall pay the District one-half of the SDC collected. The City shall tender payment of the SDC to the District within sixty (60) calendar days from the date the City receives payment. a� J r C N E L Water Service Area Boundary Adjustment Agreement (City of Kent and Lake Meridian Water District) Q Page 2 Packet Pg. 14 4.C.a 2. Consideration. In addition to other consideration set forth in this a Agreement, the City agrees to amend the Franchise the parties entered into in 2017 Q to extend its term. The parties agree that the franchise term section will be amended it to extend the term to 20 years from the effective date of the franchise amendment, with an automatic extension of one additional five-year period. The amendment of the Franchise will take place in a separate agreement and must be separately approved by the Kent City Council and accepted by the District. o L 3. Planning Documents, Other Approvals, and Governmental Notifications. The Parties agree to amend their respective water system plans and any other required planning or permitting documents during the next update of said documents to include the adjusted exclusive water service area boundary between the Parties as provided for in this Agreement. Both Parties shall provide any required government notifications, including without limitation, notifications to DOH and the King County Boundary Review Board. However, failure to make those amendments, failure to obtain any required plan approvals involving the service area adjustment, or failure to provide required notifications will not affect the contractual obligations between M the Parties as provided for in this Agreement. , c a� 4. Miscellaneous. E a� L 4.1 Duration. This Agreement will remain in effect as a permanent water Q service area boundary change between the Parties. E 4.2 Indemnification. The City will defend, indemnify, and hold the District, its officers, officials, employees, agents, and volunteers harmless from a any and all claims, injuries, damages, losses, or suits, including all legal costs and attorney fees, arising out of or in connection with the City's negligent performance of this Agreement. c m The District will defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, a damages, losses, or suits, including all legal costs and attorney fees, arising out of or in connection with the District's negligent performance of this Agreement. T L 4.3 Non-Waiver of Breach. Either Party's failure to insist upon strict o 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 will not be construed to be a waiver or relinquishment of those covenants, agreements, or options. L d 4.4 Governing Law, Resolution of Disputes and Legal Costs. Washington law will govern this Agreement. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of J c E Water Service Area Boundary Adjustment Agreement (City of Kent and Lake Meridian Water District) Q Page 3 Packet Pg. 15 4.C.a resolving that dispute, difference or claim, will only be by filing suit exclusively a under the venue, rules and jurisdiction of the King County Superior Court, King Q County, Washington, unless the Parties agree in writing to an alternative it dispute resolution process. In any claim or lawsuit for damages arising from the Parties' performance of this Agreement, each Party will pay all its legal T costs and attorney fees incurred in defending or bringing that claim or lawsuit, including all appeals, in addition to any other recovery or award provided by o law; provided, however, nothing in this paragraph will be construed to limit either Party's right to indemnification under subsection 4.2. 4.5 Assignment or Modification. Assignment, waiver, alteration, or I modification of all or part of this Agreement will not be binding on the Parties a unless in writing and signed by a duly authorized representative of each Party. a� 4.6 Entire Agreement. The written provisions and terms of this Agreement -J supersede all prior verbal statements of any officers or other representatives, and those statements will not be construed as part of this Agreement. M 4.7 Counterparts. This Agreement may be executed in one or more a counterparts, each of which shall constitute an original, and all of which together will constitute one agreement. Q 4.8 Authority. The Parties represent and warrant this Agreement has been duly approved and authorized by their respective legislative authorities, E that each Party has full power and authority to enter into this Agreement and to carry out the actions required of them in this Agreement, and all persons a signing this Agreement in a representative capacity represent and warrant they have the full power and authority to bind their respective municipal entities. 0 5. Effective Date. This Agreement will take effect on the last date entered below m ("Effective Date"). Q U The City of Kent Lake Meridian Water District T L yr L By By Its Its Date: Date: as a� 0 J r C N E L Water Service Area Boundary Adjustment Agreement (City of Kent and Lake Meridian Water District) Q Page 4 Packet Pg. 16 4.C.a EXHIBIT A a Q a� L THAT PORTION OF THE LAKE MERIDIAN WATER DISTRICT FRANCHISE LYING w WITHIN SECTION 21, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE r MERIDIAN, IN KING COUNTY, WASHINGTON, AS DESCRIBED IN CITY OF KENT o ORDINANCE 3447 UNDER KING COUNTY RECORDING NUMBER 19991012000148 SHALL BE RELOCATED TO INCLUDE THE LANDS LYING EASTERLY, NORTHERLY AND Cu SOUTHERLY OF THE FOLLOWING DESCRIBED LINE; a BEGINNING AT THE INTERSECTION OF THE WEST MARGIN OF 124TH AVENUE a� SOUTHEAST (60 FEET IN WIDTH) AND THE WESTERLY EXTENTION OF THE NORTH Y LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 21, w co THENCE EASTERLY, ALONG SAID NORTH LINE TO THE EAST LINE OF SAID M_ SOUTHWEST QUARTER; THENCE SOUTHERLY, ALONG SAID EAST LINE TO THE r c SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE EASTERLY, ALONG SAID SOUTH LINE TO THE WEST LINE OF THE EAST 384.205 FEET OF SAID NORTHWEST a L QUARTER; THENCE NORTHERLY, ALONG SAID WEST LINE AND THE EXTENSION Q THEREOF, TO THE NORTH MARGIN OF SOUTH 248TH STREET (60 FEET IN WIDTH); a THENCE EASTERLY, ALONG SAID NORTH MARGIN TO THE EAST LINE OF THE WEST E ch HALF OF THE NORTHEAST QUARTER OF SAID SECTION 21, THENCE NORTHERLY, ALONG SAID EAST LINE TO THE SOUTH MARGIN OF SOUTH 240TH STREET; a THENCE WESTERLY, ALONG SAID SOUTH MARGIN, THE FOLLOWING COURSES: m N89003'30"W 430.59 FEET, THENCE NO°57'08"E 20.00 FEET, THENCE N89°03'30"W = 495.67 FEET; THENCE S0158'35"W 20.00 FEET; THENCE N89003'30"W 396.00 FEET m° TO THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE CONTINUING ALONG a SAID SOUTH MARGIN, N88058'15"W 495.00 FEET TO THE WEST LINE OF THE EAST 495.00 FEET OF THE NORTHWEST QUARTER OF SAID SECTION 21, SAID POINT L BEING ON THE WEST LINE OF THE EXISTING LAKE MERIDIAN WATER DISTRICT FRANCHISE LIMIT AND THE TERMINUS OF THE HEREIN DESCRIBED LINE. L L cCL i � C • r i2KKMW •� O_Yg`y'_p. � O J a� t 3/14/2023 r a Packet Pg. 17 4.C.a IMPORTANT: d THIS IS NOT A SURVEY. IT IS TERMINUS SOUTH MARGIN Q FURNISHED AS A OF 240TH v CONVENIENCE TO LOCATE it THE LAND INDICATED HEREON SE 240TH ST WITH REFERENCE TO — N .-1 STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY I N REASON OF RELIANCE a HEREON. } L 1 Q I m z Q 0 Zlj Z O m I O m O O m w m I U > U U d I > > 2 � w U Y W / w J HEW CAL° RK LAKE Q Q Z�Q SC�G�3�/� E AREA � z M Y ° w o \ I Y C 012 O 2 E I H Y I H W d U I J � O O w ?) \ Q Z w\Z N I N I 3 l a I EAST LINE OF THE W1/2 OF NE1/4 SE 248TH ST— 3 O NORTH MARGIN m OF 248T WEST MARGIN I Q OF 124TH KEHOC v INLSIIII Vv I I U) II O L N WEST LINE OF THE EAST 384.205 y Lb OF THE NW 1/4 OF THE SE 1/4 0 j N Line, N1/2,S1/2, POINT OF BEGINNING Q SW,NW,SE 9�= SOUTH LINE � I I r 0) Project#WATER DISTRICT BOUNDARIES OF THE NW1/4 OF SE1/4 LAKE MERIDIAN Y PORTION OF WATER DISTRICT THE NE 1/4 AND THE SE 1/4 • BOUNDARY ADJUSTMENT OF SEC 21,TOWNSHIP 22 N, KENT DRAWN BY: JF EXHIBIT RANGE 5 E,W.M. WASHINGTOM CITY OF KENT SCALE: 1"=600' LAND SURVEY SECTION DATE: 3/2023 Q Packet Pg. 18 4.D PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5500 DATE: May 15, 2023 TO: Public Works Committee SUBJECT: Lake Meridian Water District Property Use and Easement Agreement MOTION: Move to authorize the Mayor to sign the Property Use and Easement Agreement with Lake Meridian Water District; and other documents necessary to fulfill the terms of this agreement subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Over the past year, the City and Lake Meridian Water District (District) have been negotiating a Franchise Amendment, Service Area Boundary Adjustment, and a Property Use and Easement Agreement. These three agreements have been negotiated concurrently and are viewed as 'bundled together' by both agencies. The City's 3.5 Million Gallon (MG) Tank was initially jointly owned by the City and the District. In 1991, the City and District entered into an agreement ('1991 Agreement') in which the City purchased the District's interest in the 3.5 MG Tank, including the real estate. As part of the 1991 Agreement, the District reserved the right to construct a 1.5 MG reservoir, and associated infrastructure, in the southwest portion of the property. The District has selected a different site for their reservoir and has a need to also locate infrastructure on the City's property. City and District staff have determined the most suitable area for the District's infrastructure is the northwest portion of the property, abutting SE 286t" Place. This Property Use and Easement Agreement provides the District with the property rights necessary to locate its infrastructure in the northwest portion of the property and also terminates the 1991 Agreement. BUDGET IMPACT: There is no budget impact to the water utility. 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. Packet Pg. 19 4.D 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. ATTACHMENTS: 1. Lake Meridian Water District Property Use and Easement Agreement (PDF) Packet Pg. 20 4.D.a PROPERTY USE AND EASEMENT AGREEMENT y L This Property Use and Easement Agreement ("Agreement"), effective as of the o last of the signature dates below (the "Effective Date") is between the City of Kent, a a Washington municipal corporation ("City"), and Lake Meridian Water District, a Washington special purpose municipal corporation ("District") (individually a "Party" o and collectively the "Parties"). RECITALS c A. Lake Meridian Water District was formerly known as King County Water District •L #111. The District changed its name on January 1, 2019. a� B. The City owns real property located at 12523 Southeast 286th Place, Auburn, -J Washington and legally described on Exhibit A attached hereto ("Property") on which a 3.5 Million Gallon Water Reservoir ("3.5 MG Tank") exists. This 3.5 M MG Tank was initially jointly owned by the City and the District. In 1991, the , City and the District entered into an agreement ("1991 Agreement") attached as Exhibit B hereto, in which, among other things, the City purchased the District's interest in the 3.5 MG Tank, including real estate. This purchase was Q recorded on July 23, 1991, King County Recording Number 199107230885. As part of the 1991 Agreement, the District also reserved the right to construct a 1.5 Million Gallon Water Reservoir in the southwest portion of the Property. To N date, the District has not built a new reservoir in this location. w C. Currently, the District is planning capital improvements to facilitate a higher N pressure zone within the southern portion of the District's distribution system and intends to select a location other than the southwest corner of the Property for construction of a new reservoir. However, the District may need to 0 L construct a pressure reducing valve station, and/or booster station and a ancillary supporting facilities near the City's 3.5 MG Tank on the Property. The L Parties have concluded that the most suitable area for these improvements to 0 be constructed is the northwest portion of the Property, abutting SE 286t" Place. c �a L C� G d Property Use and Easement Agreement J (City of Kent and Lake Meridian Water District) Page 1 E U r a Packet Pg. 21 4.D.a D. Subject to the provisions hereof, the Parties wish to terminate the 1991 Agreement and enter into this Agreement to allow District's construction of the ° improvements in the replacement location on the Property in order to support the District's pressure zone project. L Q NOW, THEREFORE, in consideration of the provisions hereof, the Parties ° a agree as follows: L yr AGREEMENT o L r 1. Termination of 1991 Agreement. The 1991 Agreement, attached as Exhibit B, between the City and the District is hereby terminated. This a Agreement supersedes any prior agreement between the Parties concerning use of the City's Property located at 12523 Southeast 286th Place, Auburn, WA. ;c ° J 2. Grant of Easement to District. The City hereby grants and conveys to the District a permanent easement running with the land (the "Easement") on, over, and under that approximately 11,250 square foot portion of the Property, as legally described on Exhibit C attached hereto and depicted on Exhibit D attached hereto (the"Easement Area"), for the District's location, construction, L operation, maintenance, repair, and replacement of a new pressure reducing Q valve station and/or pump station, along with ancillary facilities, including a standby generator, power transformer, storm drainage detention system, E water pipes, and fencing (collectively, the "Improvements"). w 3. Additional Easements to Utility Providers. a� 3.1. Upon District's request, the City shall grant and convey additional easements within the Easement Area to utility providers for the installation of facilities necessary for District's operation of the Improvements. These o facilities may include, but are not limited to, electricity, fiber optic cable, and a natural gas. The City shall work with the District and such utility providers to grant and convey these easements in a prompt and timely manner, including o those easements required for permitting. District's request for these additional easements shall be made in accordance with the notice provisions in Section 10. c L C� G d Property Use and Easement Agreement J (City of Kent and Lake Meridian Water District) Page 2 E U r a Packet Pg. 22 4.D.a 3.2. The City shall not grant or convey or otherwise enter into any other easements, licenses, or use rights within the Easement Area without the prior written consent of the District. L Q 4. Construction of Improvements. ° a 4.1. Review and Approval of Plans. The Improvements shall be constructed N substantially in accordance with the Preliminary Site Plan, Vehicle Turning o L Radius, and Preliminary Building Elevations attached as Exhibit E hereto 2 (collectively, the "Elevations"). The District shall provide the City with 90% � design drawings of the Improvements (the "Plans") for the City's review and a approval, which shall not be unreasonably withheld, conditioned, or delayed. The City and the District shall meet, in a prompt and timely manner, for a) the review and discussion of the District's 90% Plans, and b) the review and discussion of any substantial modifications to the Plans required by the City of Auburn for its issuance of final construction permits. M 4.2. Notice of Construction. At least thirty (30) days prior to the District's commencement of construction of the Improvements, the District shall provide the City with conformed plans and specifications for the Improvements and L written notice of the following: (a) the name and contact information of Q District's construction contractor, (b) the name and contact information of the District's construction inspector, and (c) an anticipated construction schedule. E Notice shall be provided as set forth in Section 10. w 4.3. District Responsible for all Costs. All costs for the design and construction of the Improvements shall be the sole responsibility of the N District. a� 4.4. Right of Entry. The District may enter the Property at any time hereafter o for the purposes of planning for and designing the Improvements. Access coordination shall be made through the City's Water System Manager. 0 4.5. As-Built Drawings and Survey. Upon completion of the Improvements, the District shall promptly provide the City with as-built drawings and survey showing the locations of the Improvements on the Property. L C� G d Property Use and Easement Agreement J (City of Kent and Lake Meridian Water District) Page 3 E U a Packet Pg. 23 4.D.a 4.6. Construction of Additional Improvements. If the District determines at a later date that additional improvements (other than like-kind replacements of existing Improvements within the Easement Area) or substantial L modifications of the Improvements are necessary ("Additional Q Improvements"), the District shall notify the City and submit proposed plans a for the Additional Improvements for the City's review and approval. So long as such Additional Improvements lie entirely within the Easement Area and will N not cause material, adverse interference with the normal operation of the City's o L 3.5 MG Tank and related infrastructure on the Property or the infrastructure 2 within 286t" Place that supports the Property, the City's approval of any proposed Additional Improvements shall not be unreasonably withheld, a conditioned, or delayed. The Parties agree to work together cooperatively and L in good faith should District determine a need to construct Additional Improvements. J S. Damage to Property, Restoration, and Maintenance. M 5.1. District Obligations. a� 5.1.1. The District shall repair and restore, substantially to the condition existing immediately before the occurrence of any such damage, any damage to any portion of the Property outside of the Easement Area to the extent such a damage is caused by the installation, construction, operation, maintenance, removal, repair, reconstruction, replacement, use, and inspection of the Improvements on the Property. The District, at its sole cost, shall maintain the w Improvements and Easement Area in an orderly and safe condition and promptly make any repairs necessary. If this Agreement is terminated in accordance with Section 7, below, the District, at its sole cost, shall repair and restore the Easement Area substantially to the condition existing immediately before the Effective Date, or to such different condition as agreed to by the City. o a 5.1.2. The District, at its sole cost, shall maintain in good condition the L grounds, including vegetation, within the Easement Area and keep the o Easement Area free from debris and anything of a dangerous or noxious nature, or that would create a hazard. The District's obligations in this Section 5.1.2 shall commence upon the issuance of a notice to proceed for the construction of the Improvements. A2 L C� G d Property Use and Easement Agreement J (City of Kent and Lake Meridian Water District) Page 4 E U r a Packet Pg. 24 4.D.a 5.1.3. During construction of the Improvements, District shall require its contractor to install and maintain temporary chain-link fencing around the Easement Area. Upon completion of construction of the Improvements, the L District shall, at its sole cost, cause permanent chain-link fencing to be installed Q around the Easement Area. The District shall maintain this fencing in an orderly ° a and safe condition and promptly make any repairs necessary. L yr 5.2. City Obligations. o L r 5.2.1. The City shall repair and restore, substantially to the condition immediately existing before the occurrence of any such damage, or, at the District's election, the District shall repair and restore at City's cost and expense, any damage to any Improvements within the Easement Area to the extent such damage is caused by any act or omission of City, its agents, employees, contractors, or invitees. ti 5.2.2. The City, at its sole cost, shall refrain from causing or knowingly permitting any debris or anything of a dangerous or noxious nature to enter onto the Easement Area from the remainder of the Property. a� a� L 6. The City's Use of the Property. Nothing in this Agreement shall prevent the Q City from undertaking construction or using any of its facilities on any portion of the Property other than the Easement Area, so long as such use of facilities E or future improvements shall in no way violate City's obligations under Section 5.2.2 or otherwise damage or interfere with the District's use and operation of its Improvements within the Easement Area. District acknowledges that City's current use and operation of the 3.5 MG Tank on the N Property is permitted under this Agreement. a� 7. Termination for Failure to Construct Improvements. If the District has o failed to construct the Improvements within 20 years of the Effective Date of a this Agreement, the City may at any time thereafter, and upon 60 days' prior written notice given to District (the "Termination Notice"), elect to terminate o this Agreement, in which event this Agreement shall terminate on the 60t" day following the effective date of the Termination Notice, unless District, within such 60-day notice period, either (a) commences construction of the L C� G d Property Use and Easement Agreement J (City of Kent and Lake Meridian Water District) Page 5 E U r a Packet Pg. 25 4.D.a Improvements, or (b) delivers notice to the City of extension (the "Extension � Notice") of this Agreement for a maximum period of five (5) years from the ° date of District's receipt of the Termination Notice, in either of which events the City's Termination Notice shall be void and this Agreement shall continue L in full force and effect; provided, however, that if District delivers the Extension Q Notice and does not commence construction of the Improvements within ° a five (5) years thereafter, all of the District's rights hereunder shall automatically terminate and revert to the City. N 0 L S. Release and Indemnity. The District shall defend, indemnify, and save City 2 ° 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 the 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 the District's negligent acts or omissions relating to the Easement granted herein or from the District's use of the Easement Area, except to the extent any such injuries, death, or damages 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 L bodily injury to persons or damage to property is caused by or results from Q the concurrent negligence of the City and the District, or their respective officers, agents, employees, or representatives, the District's indemnity E obligations under this Section 8 shall be effective only to the extent of District's negligence. w In consideration of the City's execution of this Agreement, District hereby waives with respect to the City any immunity it may have under applicable 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 o PARTIES ACKNOWLEDGE THAT THIS PROVISION IS THE PRODUCT OF MUTUAL a NEGOTIATION. U L N L L C� G d Property Use and Easement Agreement J (City of Kent and Lake Meridian Water District) Page 6 E U a Packet Pg. 26 4.D.a 9. Insurance. c ° as 9.1. District. The District shall at all times during the existence of this Agreement maintain a policy of commercial general liability insurance insuring, L on an occurrence basis, against any and all claims or causes of action for death, Q bodily injury, or property damage resulting from the negligence of District or ° a 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 N less than Three Million Dollars ($3,000,000.00) annual aggregate. To satisfy o L the foregoing commercial general liability insurance requirements, the District ° may self-insure or participate in an insurance pool with limits equal to those set forth in this Section 9.1, above. Upon request, the District shall provide the City with sufficient written evidence, as determined by the City in its reasonable discretion, that such insurance (or self-insurance) is being maintained by the District. Such written evidence shall include, to the extent available, a document summarizing the District's insurance program (i.e. a Certificate of Insurance) to be provided by the District's insurer/Broker. M 9.2. Contractors. Prior to commencement of construction of the Improvements or any Additional Improvements within the Easement Area, District shall require the District's contractor to procure and maintain during L the course of construction commercial general liability insurance, on an Q occurrence form and with contractual liability coverage, with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and not less than E Three Million Dollars ($3,000,000.00) annual aggregate, and naming the City as an additional insured. w ° 10. Notices. Any notices, approvals, or other communications required or N permitted to be given under this Agreement shall be given to the Parties at the following addresses: 0 L If to City: City of Kent a Attn: Public Works Director 220 41h Avenue South o Kent, Washington 98032 ° c L C� G d Property Use and Easement Agreement J (City of Kent and Lake Meridian Water District) Page 7 E U r a Packet Pg. 27 4.D.a If to District: Lake Meridian Water District Attn: General Manager as 27224 144t" Avenue SE Kent, Washington 98042 L Q Notices may be personally delivered, delivered by nationally recognized ° a overnight courier, or mailed by first class mail, postage prepaid, to the Parties at the addresses forth above. Notices shall be deemed effective (i) if delivered N by overnight courier or by personal delivery, then on the date of delivery; or o L (ii) if mailed, on the earlier of actual delivery or on the third business day after posting in United States mail, postage prepaid and first class. Either Party may change the address to which notices may be given by giving notice as provided in this Section 10. a� 11. Dispute Resolution; Remedies. The Parties agree to work together in good -J faith in an attempt to resolve any disputes that may arise under this Agreement. If a dispute arises hereunder that is not timely resolved at the staff level, then the City's Deputy Public Works Director (or, should that position's title change or such person should be unavailable, a City employee comparably qualified) and District's General Manager shall promptly meet to L try to reach resolution of the dispute in a timely manner. The Parties Q acknowledge that the period for "timely" resolution will depend on the dispute in question, and if either Party reasonably believes dispute resolution under E this Section 11 will materially impair its rights and benefits under this Agreement, such Party shall, upon notice to the other Party, be entitled to w pursue all rights and remedies available hereunder or at law or in equity to enforce the terms of this Agreement, including, without limitation, a suit for N specific performance, or, where appropriate, though injunctive relief. a� 12. Entire Agreement; Recitals and Exhibits. This Agreement contains the o entire agreement between the Parties and, in executing it, the City and the a District do not rely upon any statement, promise, or representation, whether oral or written, not expressed in this Agreement. The Recitals and Exhibits o referenced herein are a part of this Agreement and are incorporated herein by this reference. c L C� G d Property Use and Easement Agreement J (City of Kent and Lake Meridian Water District) Page 8 E U a Packet Pg. 28 4.D.a 13. Modifications. This Agreement may only be modified, altered, or amended upon written agreement executed by both Parties. 14. Compliance with Laws. Each Party shall comply with all federal, state, and L municipal laws, rules, and regulations that are applicable to performance of its a rights and obligations under this Agreement. ° a r 15. Venue and Jurisdiction. This Agreement shall be construed in accordance N with the laws of the State of Washington. Venue and jurisdiction for the o L resolution of disputes shall lie in the Superior Court for King County, 2 Washington. In the event of claim or litigation regarding the enforcement of the terms of this License, each party shall be responsible for its own legal costs and attorney fees. a� 16. Non-Waiver. The failure of either Party to insist upon strict performance of any of the covenants in this Agreement shall not constitute a waiver. ti 17. Severability. The provisions of this Agreement are severable and if any LO portion shall be held invalid, illegal or unenforceable for any reason, the remainder of this Agreement shall be effective and binding upon the Parties. E a� a� L 18. Assignment. District may not assign its rights under this Agreement without Q prior written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed; provided, however, that the District may E freely assign this Agreement to any existing water purveyor that assumes the U) District or into which the District is merged. w _ ° 19. Successors and Assigns. This Agreement shall be binding upon and inure y to the benefit of the Parties and their respective heirs, administrators, r successors, and permitted assigns. aD 0. 0 L 20. Counterparts. This Agreement may be executed in counterparts, each which a will be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. o L [Signature page follows.] L CQ� G Y R Property Use and Easement Agreement J (City of Kent and Lake Meridian Water District) Page 9 E r Q Packet Pg. 29 4.D.a c IN WITNESS WHEREOF, the Parties have executed this Agreement. y LAKE MERIDIAN WATER DISTRICT CITY OF KENT L Q 0 L By. By. L Print Name: Print Name: Dana Ralph o L Its: Its: Mayor Date: Date: L Cd C APPROVED AS TO FORM: ;c J ti M Kent Law Department as E a� as ATTEST: a E Kent City Clerk w a� Exhibit List Exhibit A - Legal Description of Property �. Exhibit B - 1991 Agreement a Exhibit C - Legal Description of Easement Area U Exhibit D - Depiction of Easement Area N Exhibit E - Elevations L L C� G d Property Use and Easement Agreement J (City of Kent and Lake Meridian Water District) Page 10 E U r a Packet Pg. 30 4.D.a ACKNOWLEDGEMENTS a� STATE OF WASHINGTON ) ss. COUNTY OF KING ) a 0 L On this day of , 2023, before me personally a appeared , to me known to be the of the CITY OF KENT, the w Washington municipal corporation that executed the within and foregoing o 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. a� J ti (Print Name) M NOTARY PUBLIC in and for the State of Washington, residing at E aD My appointment expires Q c aD E a� CU w c 0 a� r L 0. 0 L a L L L CQ� G Y R Property Use and Easement Agreement J (City of Kent and Lake Meridian Water District) Page 11 E r a Packet Pg. 31 4.D.a STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of , 2023, before me personally a appeared , to me known to be the General o Manager of LAKE MERIDIAN WATER DISTRICT, the Washington special purpose a municipal corporation that executed the within and foregoing instrument, and L acknowledged said instrument to be the free and voluntary act and deed of said N 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 a the day and year first above written. a� a� J (Print Name) ti NOTARY PUBLIC in and for the M State of Washington, residing at a� My appointment expires E a� L a E w c a� m Q. 0 L a •L 0 L L C� G d Property Use and Easement Agreement J (City of Kent and Lake Meridian Water District) Page 12 E U 2 r a Packet Pg. 32 4.D.a Exhibit A Legal Description of Property N L Q 0 L V �L L r �L Cd C J ti M C N E d d L a E w c a� m Q. 0 L a •L 0 L �L C� G d J C N E t V Property Use and Easement Agreement f° (City of Kent and Lake Meridian Water District) Q Packet Pg. 33 4.D.a EXHIBIT A PARCEL NO. 332205-9177 PROPERTY DESCRIPTION (PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 3996204, DATED SEPTEMBER 6, 2022) a� Q. PARCEL A: 0 L THE WEST 150 FEET OF THE SOUTH 300 FEET OF THE NORTH 330 FEET OF THE SOUTHEAST QUARTER d THE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON; N 0 ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33 LYING EASTERLY OF THE WESTERLY 508 FEET THEREOF,AND NORTHERLY OF THE SOUTHERLY 429 FEET OF THE SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND SOUTHERLY OF THE NORTHERLY 30 FEET OF THE SAID c SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; 1° L ALSO THAT PORTION OF THE SOUTH 300 FEET OF THE NORTH 330 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING SOUTHERLY OF THE NORTH LINE a� OF THE SOUTH 429 FEET OF THE SAID SOUTHWEST QUARTER,AND EASTERLY OF THE FOLLOWING Y DESCRIBED LINE: J ti BEGINNING AT A POINT ON THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER WHICH IS 508 FEET EASTERLY OF THE SOUTHWEST CORNER THEREOF; THENCE NORTHERLY TO A POINT ON THE SAID NORTH LINE OF THE SOUTHERLY 429 FEET OF THE a� SOUTHWEST QUARTER WHICH IS 509.70 FEET EASTERLY OF THE WEST LINE OF THE SAID SOUTHWEST QUARTER AND THE TERMINUS OF SAID LINE DESCRIPTION; m L PARCEL B: Q A NON-EXCLUSIVE EASEMENT OVER, UNDER AND ACROSS THE EAST 30 FEET OF THE WEST 180 FEET OF c THE NORTH 330 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, N WASHINGTON; ca u.l PARCEL C: A NON-EXCLUSIVE EASEMENT OVER, UNDER AND ACROSS THE NORTH 30 FEET OF THE WEST 150 FEET 1° OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; N ALSO THAT PORTION OF THE NORTH 30 FEET OF THE SOUTHWEST QUARTER OF THE SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING EASTERLY OF 124TH AVENUE SOUTHEAST, Q. 0 L ALSO THAT PORTION OF THE SOUTH 30 FEET OF THE NORTHWEST QUARTER OF THE SAID SOUTHWEST a QUARTER OF THE SOUTHEAST QUARTER LYING EASTERLY OF 124TH AVENUE SOUTHEAST. •L SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON. N L L C� G d J C N 332205-9177 EASEMENT V3.DOCX KPG a Packet Pg. 34 4.D.a Exhibit B c 1991 Agreement as N L Q 0 L V �L L r �L Cd C J ti M C N E d d L a E w c a� m Q. 0 L a •L 0 L �L C� G d J C N E t V Property Use and Easement Agreement f° (City of Kent and Lake Meridian Water District) Q Packet Pg. 35 4.D.a c AGREEMENT BETWEEN CITY OF KENT � and KING COUNTY WATER DISTRICT NO. 1.11 � 0 L i r V WHEREAS, the CITY OF KENT ("City") , and KING COUNTY WATER DISTRICT NO. 111 ("District") , jointly own a 3 .5 MG steel storage reservoir ("Joint Reservoir") , located at 124th Avenue and South 286th Street; and WHEREAS, the terms of ownership are outlined in a letter agreement dated March 14, 1983 ("Joint Reservoir =a Agreement") ; and WHEREAS, the existing and future water supply and storage needs of both parties can best be met by the J District terminating its use of the Joint Reservoir and constructing a new storage reservoir that is hydraulically M designed and operated to meet the independent needs of the District; E NOW, THEREFORE, the City and District agree to L terminate the Joint Reservoir Agreement and the City agrees Q to purchase the District's interest in the Joint Reservoir under the following terms and conditions: E a� 1. Purchase of Reservoirs Equity by the City: The CU w City agrees to purchase the District's equity in the Joint LU Reservoir, including real estate. The legal description of said property is appended hereto as Exhibit A. The a� District's equity value is 43% of the original total project cost of $773 , 643 .89 as increased in proportion to L the increase in the Consumer Price Index (United States City Average for All Urban Consumers) all items, or the substituted Index, as prepared by the United States a Department of Labor from the date of completion of the L Joint Reservoir to the date of this agreement. The n District' s equity value in 1991 dollars is $ 664,202.67 ( . 043 x $773, 643 .89 �135.17/6�.7� 664,202.67 ) , The City w agrees to pay the sum of $ 664,202.67 to the District in full within thirty (30) days of the execution of this agreement. The District agrees to convey to the City all of its right, title and interest in and to the subject tank in consideration for payment of said sum. a� Y 2 . New District Reservoir/Overflow Elevation: The � District may proceed with the planning, design and con- struction of at least a 1.5 MG reservoir adjacent to the t r a AGREEMENT BETWEEN CITY OF KENT AND KING COUNTY WATER DISTRICT ' R G� N A L N0. 111 - 1 Packet Pg. 36 4.D.a c a� Joint Reservoir. The District may at its sole discretion build a larger reservoir. L If the District elects to construct a new a reservoir adjacent to the Joint Reservoir, the District ° will meet with King County and adjacent land owners to a determine the amount of additional land, if any, required L for the new reservoir. Upon determining the land required N and the conditions for purchase, the District will meet with the City to determine the most appropriate way to acquire the necessary land. The City agrees to provide a good faith effort to support the District in its c acquisition of whatever additional land may be required. An The expense of securing additional land shall be the sole responsibility of the District. a� If the District elects to construct a new storage reservoir adjacent to the Joint Reservoir, the 'District agrees to design the new reservoir to enable operation at LO the City' s 590 overflow elevation. The District's new reservoir may be no more than than 30 feet higher than the 590 foot overflow elevation of the Joint Reservoir. The E City agrees to provide such easement as may be necessary a to the District to allow the construction and perpetual a, operation of a new reservoir with related appurtenances on Q available city property adjacent to the Joint Reservoir so a long as the District's use and operation of the new E reservoir is compatible with the City's existing use of the Joint Reservoir and that the District's use does not w disrupt or otherwise adversely affect the City's operation c of the Joint Reservoir. a� 3 . Interim Use of Joint Reservoir Storage Capacity: r Until the District's replacement reservoir is available for (D use, or two (2) years from the date of execution of this o agreement, whichever first occurs, the City will give its a best effort to operate the City's system to maintain the water elevation in the Joint Reservoir at a near full condition to allow the District to use the reservoir during o peak day conditions. w The District will modify the intertie between the District and the City at 150th Place S.E. and 272nd Street to allow the manual operation of the intertie for flow from the District well supply into the City system to replenish any water withdrawn from the City system. Y J It is the District's intent to utilize the Joint Reservoir only under conditions where the District is unable to meet its peak day needs without use of the Joint E r a AGREEMENT BETWEEN CITY OF KENT AND KING COUNTY WATER DISTRICT No. 111 - 2 Packet Pg. 37 4.D.a c a� Reservoir. The District will limit its Joint Reservoir withdrawal to 750, 000 gpd unless prior consent from the L City is obtained. a 0 L Although there is no limit on the number of days a during which the District can use the Joint Reservoir, it L is anticipated that the number of days will not exceed n thirty (30) per year. o L 4 . Compatibility of Water Quality: The quality of f° water from the District's wells was evaluated for com- patibility with water from the City's spring supply at the point of mixing. Based upon an analysis of the data provided by the two utilities, and the ratio of District water to City water in the transmission line during peak period usage, there does not appear to be a problem of water quality compatibility or residual water quality problems for the City. Some iron or manganese deposits are LO possible, even though it is not anticipated that such a problem would be significant. (D 5e District Facilities for Replacement of City Water: The District shall modify its metering and valving facilities to allow for manual operation of the intertie Q facilities. Through joint monitoring of the metered withdrawal and replacement water, the District will assume E the responsibility to replace City water used within n twenty-four (24) hours. w In the event the District supply system is unable to replace the water within a twenty-four (24) hour period, the quantity of water utilized by the District that is not replaced will be purchased from the City at the established District commodity costa The 1990 District cost is Q- 0 $1.20/100 cubic feet. If the District is unable to replace a the water withdrawn from the City in forty-eight (48) hours, the District will purchase the excess water at a N rate equivalent to the City's in-City commercial commodity o rate. The 1990 City commercial commodity rate is $1. 64/100 cubic feet. If the District is unable to replace the water withdrawn from the City in seventy-two (72) hours, the District will purchase the excess water at a rate a equivalent to the City's outside-City commercial commodity rate. The 1990 outside-City commercial rate is $2 . 00/100 cubic feet. a� Y R The method of accounting for the quantity of J water to be replaced or purchased by the District will utilize the meter reading and accumulative assessment of E r Q AGREEMENT BETWEEN CITY OF KENT AND KING COUNTY WATER DISTRICT NO. 111 - 3 Packet Pg. 38 4.D.a 2 c a� costs outlined above. Exhibit B provides a sample ledger to. account for the responsibilities of the District to the City for the replacement or purchase of water. Actual a payment by the District will be required prior to the end o of the calendar year. a r 6. Execution of Additional Documents: Both parties n agree, upon request, to execute such other and further o documents as may be necessary or desirable to effectuate ; the intent of this agreement. Specifically, without f° limiting the generality of the foregoing, the District agrees to execute a statutory warranty deed to the City conveying the District's interest in the Joint Reservoir. m 7. Water Su]2ply Shortage: In the event the City has a water shortage problem due to drought conditions or other J water supply needs, the District will follow the same conservation and/or drought response plan used by the City o and will terminate use of the City's supply system if the City's supply is unable to meet City demands. (D 8 . Shared Maintenance Expenses: The District agrees E to share equally with the City all costs of maintaining jointly used facilities utilized by the District for Q access, construction and maintenance of the District's c proposed reservoir, including but not limited to the cost E of maintaining the access road to the site. N w 9 . City' s Review of District' s Plans: The District � agrees to provide the City with copies of all construction documents for the proposed reservoir for the City's review n and approval. The City desires to assure itself that the contemplated new reservoir will not adversely affect the structural integrity of the Joint Reservoir. Q- 0 L a 10. Effective Date: This Agreement will become effective on signing of both parties. N 0 CIT OF KENT KING COUNTY WATER DISTRICT 0. ill By. L CHARLES WI SON, Secretary � m Y R J C E t V R r Q AGREEMENT BETWEEN CITY OF KENT AND KING COUNTY WATER DISTRICT No. 111 - 4 Packet Pg. 39 � 6 c a� STATE OF WASHINGTON sso COUNTY OF K I N G ) a 0 On this , - day of (vo— a 1991, personally appeared before`*e, 04, 41 1EL_ to me known to be the individual that executed the fore® N going instrument on behalf of the City of Kent, and acknowledged the said instrument to be its free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written° a� ti TARY PUBLIC in and for the State of Washington, residing at C lX� c aEi My Commission Expires: p Q STATE OF WASHINGTON ) c sso m COUNTY OF K I N G ) N w On this c2y-k day of , 1991, personally appeared before me, itharl4s Wilson, to me known to be the individual that executed the foregoing instrument y on behalf of King County Water District No. 111, and acknowledged the said instrument to be its free and (D voluntary act and deed, for the uses and purposes therein o mentioned. a WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. o L w+ T Y BLIC in and for the t e _gt Washington, residing at L CCQ� G Y R My Commission Expires: J c (D E t r Q AGREEMENT BETWEEN CITY OF KENT AND KING COUNTY WATER DISTRICT NO. 111 - 5 Packet Pg. 40 4.D.a Exhibit C Legal Description of Easement Area L Q 0 L r V �L L 0 �L Cd C 0 Y J ti LO M C E d d L Q C0 G 0 Cu W 0 0 L 0 O L a �L L 0 0 �L CQ� G 0 Y R J C E t 0 Property Use and Easement Agreement f° (City of Kent and Lake Meridian Water District) Q Packet Pg. 41 4.D.a c EXHIBIT C n EASEMENT DESCRIPTION Q. 0 L THE WEST 75.00 FEET OF THE NORTH 150.00 FEET OF THE HEREINAFTER DESCRIBED PARCEL °A" L CONTAINING 11,250 SQUARE FEET, MORE OR LESS. N 0 L r PARCEL A"(APN 332205-9177): THE WEST 150 FEET OF THE SOUTH 300 FEET OF THE NORTH 330 FEET OF THE SOUTHEAST QUARTER c� THE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 =a NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON; `m ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE 0 SOUTHEAST QUARTER OF SECTION 33 LYING EASTERLY OF THE WESTERLY 508 FEET THEREOF,AND J NORTHERLY OF THE SOUTHERLY 429 FEET OF THE SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND SOUTHERLY OF THE NORTHERLY 30 FEET OF THE SAID to SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; M ALSO THAT PORTION OF THE SOUTH 300 FEET OF THE NORTH 330 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING SOUTHERLY OF THE NORTH LINE 0 OF THE SOUTH 429 FEET OF THE SAID SOUTHWEST QUARTER,AND EASTERLY OF THE FOLLOWING m DESCRIBED LINE: L a� BEGINNING AT A POINT ON THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF THE SOUTHWEST Q QUARTER OF THE SOUTHEAST QUARTER WHICH IS 508 FEET EASTERLY OF THE SOUTHWEST CORNER aa) THEREOF; m THENCE NORTHERLY TO A POINT ON THE SAID NORTH LINE OF THE SOUTHERLY 429 FEET OF THE rn SOUTHWEST QUARTER WHICH IS 509.70 FEET EASTERLY OF THE WEST LINE OF THE SAID SOUTHWEST 1° W QUARTER AND THE TERMINUS OF SAID LINE DESCRIPTION, c R TOGETHER WITH A NON-EXCLUSIVE EASEMENT OVER, UNDER AND ACROSS THE EAST 30 FEET OF THE N WEST 180 FEET OF THE NORTH 330 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING >, COUNTY, WASHINGTON; m Q. TOGETHER WITH A NON-EXCLUSIVE EASEMENT OVER, UNDER AND ACROSS THE NORTH 30 FEET OF THE o WEST 150 FEET OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST a QUARTER; •L ALSO THAT PORTION OF THE NORTH 30 FEET OF THE SOUTHWEST QUARTER OF THE SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING EASTERLY OF 124TH AVENUE SOUTHEAST, y .r 0 ALSO THAT PORTION OF THE SOUTH 30 FEET OF THE NORTHWEST QUARTER OF THE SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING EASTERLY OF 124TH AVENUE SOUTHEAST. 05�03�7�07�3 SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON. L R gOIG C 332205-9177 EASEMENT V3.DOCX °T 29294 w t co L LAND Packet Pg. 42 4.D.a Exhibit D Depiction of Easement Area N L Q 0 L V �L L r �L Cd C J ti M C N E d d L a E w c a� m Q. 0 L a •L 0 L �L C� G d J C N E t V Property Use and Easement Agreement f° (City of Kent and Lake Meridian Water District) Q Packet Pg. 43 4.D.a SW 1/4, SE 1/4, SEC.33, T. 22 N., R. 5 E., W.M. D d a 0 a •L 0 d 0 •L m LLI tv LLI > Q PLAT OF NORTH RIDGEVIEW M H = N - y — SE 286TH PL 1`200' IM a TAX LOT NUMBER o 75.00' CD 332205-9017 o I E m N to w TAX LOT NUMBER TAX LOT NUMBER 332205-9177 m 332205-9029 rn d a 0 L 75' X 150' EASEMENT AREA a 11,250 S.F. +/- PLAT OF NORTH RIDGEVIEW G L 2� 7 _ L C� G tV DATE: MARCH 2O23 FILE: 332205-9177-ESMT.DWG J EXHIBIT D Seattl® 332205-9177 3131 Elliott Avenue,Suite 400 Seattle,WA 98121 206.286.1640 EASEMENT AREA Tacoma I Wenatchee I KPG—m Q Packet Pg. 44 4.D.a Exhibit E Elevations as N L Q 0 L V �L L r �L Cd C J ti M C N E 0 0 L 0) a E 0 w c a� m Q. 0 L a •L 0 L �L C� G d J C N E t V Property Use and Easement Agreement f° (City of Kent and Lake Meridian Water District) Q Packet Pg. 45 4.D.a I � L= 0 25 50 f� L 0 Scale in Feet LT— Z d A� L CC W A L X X 15' WIDE SWING 74 GATE 15.00' I M PROPOSED FENCE �a 476 - - I a as s� J 478 r- PRV/BPS BUILDING FF=482.00± (NGVD 29) 480 r- 482 — KENT 3.5 MG a • r x TANK d \ � d BACKUP GENERATOR TAX C1� OF KENT \ PROPOSED N EASEMENT AREA 75'X150' m NOTES: o L a 1. ELEVATION CONTOURS SHOWN ARE NVGD29 VERTICAL DATUM FROM HEDGES & U ROTH SITE SURVEY, 1993. N 0 2. SITE PLAN IS FOR PLANNING PURPOSES ONLY. PRELIMINARY SITE PLAN IS BASED a, ON NORTH RIDGEVIEW PLAT DRAWINGS RECEIVED FROM BARGHAUSEN M CONSULTING ENGINEERS, DECEMBER 2020. =a L PRELIMINARY Figure bh(.w � SITE PLAN M Lake Meridian Booster Pump Station No. 2 E1 J CONSULTANTS WArluat uIS,I,Icr March 2023 c a� E COPYRIGHT©2022 BHC CONSULTANTS,LLC.ALL RIGHTS RESERVED V Q Packet Pg. 46 4.D.a I � L= 0 25 50 - �% f� L 0 Scale in Feet _ Q. Z d 0 L I - X VEHICLE PATH FORD F150 PROPOSED FENCE a� J ti PRV/BPS BUILDING FF=482.00± (NGVD 29) E KENT 3.5 MG TANK a • r �"' 1 d d 3322�5-91�� w TAX LOT # of KENT CIT'( cv PROPOSED N EASEMENT AREA 75'X150' m NOTES: o L a 1. ELEVATION SHOWN ARE NVGD29 VERTICAL DATUM FROM HEDGES & ROTH SITE U SURVEY, 1993. N 0 2. SITE PLAN IS FOR PLANNING PURPOSES ONLY. PRELIMINARY SITE PLAN IS BASED ON NORTH RIDGEVIEW PLAT DRAWINGS RECEIVED FROM BARGHAUSEN CONSULTING ENGINEERS, DECEMBER 2020. =a L Figure bh(.w � VEHICLE TURNING RADIUS Labe Meridian Booster Pump Station No. 2 EZ J CONSULTANTS WArluat uIS,I,Icr March 2023 c a� E COPYRIGHT©2022 BHC CONSULTANTS,LLC.ALL RIGHTS RESERVED V Q Packet Pg. 47 4.D.a c c� m d TOW C L GLASS BLOCK WINDOW d C� L d e If T Al TOS REF (FIN FLR L ELECTRICAL PANEL AND METER Y J A ELEVATION SCALE: 1/8"=1'-0" 'n M r+ C N E d d L METAL WALL PANEL, 12 METAL ROOF, TYP Q TYP 4 12 ■ 4 4 E d d 0Q TOW W GUTTER & C DOWNSPOUT f0 to TYP D TYP �+ EXTERIOR CMU, TYP LIGHT Q. O FINISHED d FLOOR TOS REF +L+ (FlN FLR) VJ 0 B ELEVATION SCALE: 1/8"=1'-0" to c M :a L PRELIMINARY Figure �. BUILDING ELEVATIONS Lake Meridian Booster Pump Station No. 2 E3 J CONSULTANTS WATER DISTRICT March 2023 c d E COPYRIGHT©2022 BHC CONSULTANTS,LLC.ALL RIGHTS RESERVED V r Q Packet Pg. 48 4.E PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5500 DATE: May 15, 2023 TO: Public Works Committee SUBJECT: King County Re+ Pledge MOTION: I move to authorize the Mayor to sign the Re+ Pledge to reduce climate impacts, conserve resources, and create a healthier environment for our communities by keeping reusable materials out of the landfill and in use as long as possible, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: Created from the King County Solid Waste Division and the Zero Waste of Resources Task Force members, with representatives from various cities within the county, Re+ (pronounced "REE Plus") focuses on reduction, recovery, recycling, and regeneration. The Re+ approach encompasses a series of actions that keeps materials with economic value in use and out of the landfill. Re+ promotes waste prevention and reduction methods by finding innovative ways to match recovered materials with end markets. Signing the Pledge creates opportunities for participating cities to apply for competitive grants to perform waste reduction efforts. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. King County Re+ Pledge (PDF) Packet Pg. 49 4.E.a Re+ Pledge TM Climate Change is an urgent challenge, with far-reaching current and future impacts to our environment, public health, and economy. King County's Re+ program aims to divert recoverable material from the landfill which will reduce greenhouse gas emissions and contribute to a circular economy. Based on the 2019 Waste Characterization study up to 70% of what ends up in our landfill could be composted, reused and recycled. Reclaiming these items and repurposing them through recycling or composting will help us reach King County's zero waste goals. E Implementing Re+ will ensure that we are keeping true to our commitments to reduce climate impacts, conserve resources, and create a healthier environment for our communities by a keeping valuable materials out of the landfill and in use as long as possible. r Re+ is a roadmap for making that change. 0 U Our approach aims to reinvent the current waste management system to be more resilient, Y equitable, and cost-effective through strategies necessary to meet our 2030 goal of zero food waste and zero waste of reusable resources. co M Key actions include identifying new ways of processing organics and recycling, developing recycling markets for organics, paper and plastic, and a community panel to engage historically underrepresented and adversely impacted community members to help guide future outcomes. a These new markets will create local jobs in the private sector, help build the green economy and ensure a just and equitable impact on the members of our community. 0 Re+ builds on the important work that many of our partners, including cities, the Port of Seattle, businesses, non-profits, community members, and the County are already doing to reduce = contributions to climate change. Y aD WHEREAS, climate change is an urgent challenge, with far-reaching current and future impacts E to our environment, public health, and economy; and a r Q WHEREAS, greenhouse gas (GHG) emissions generated globally from the production, transport, use, and disposal of goods, foods, and services consumed in King County are a major part of our communities' climate footprint and are more than locally generated GHG emissions; and WHEREAS, King County and K4C partners are measuring, reporting, and developing new strategies to reduce consumption-related GHG emissions; and WHEREAS, supporting the Re+ effort will help focus our joint effort and responsibility to make progress toward reducing local GHG emissions by increasing waste prevention and recycling, laying the foundation for developing a circular economy; and Packet Pg. 50 4.E.a WHEREAS, we recognize that the success of Re+ will require collaboration Mission between King County, local jurisdictions, singleReducing _ items tribes, businesses, community-based Reusing everything be organizations, and others; and Recycling what's left Renewing communities WHEREAS, the Re+ Program is consistent _ • possible with, consolidates, and accelerates progress towards achieving the approved Vision goals and strategies of the 2020 Strategic Climate Action Plan, the 2019 Healthy, safe, - • thriving communities Comprehensive Solid Waste Management in - - • County Plan, and the Joint Climate Action Commitment of the King County Cities Climate Collaborative (K4C) in relation to a the County's zero-waste goals; and a WHEREAS, we will work with the County to identify ways to enhance our efforts to achieve the vision of Re+ with implementation support from the County including competitive grants, model 0 language for countywide program and policy implementation, and technical support; and L), Y WHEREAS, as a core component of this important work we must engage in ways that are Co fair, equitable and inclusive for those who are historically under-represented and have been W disproportionately impacted by the status quo in our communities. a� a� Now, therefore, we pledge our support for the shared vision that Re+ represents and look forward to collaborating to see this vision become reality. a a� Signed this day of by 0 U c Y c m Name, Title E r on behalf of a Jurisdiction Kin Count Re LDepartment 9 Y of Alternate Formats Available TM Natural Resources and Parks 206-477-4466 • TTY Relay 711 Solid Waste Division Packet Pg. 51 4.F PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5500 DATE: May 15, 2023 TO: Public Works Committee SUBJECT: INFO ONLY: Sidewalk Prioritization and Maintenance SUMMARY: Staff will provide an update on Sidewalk Prioritization and Maintenance. Packet Pg. 52