HomeMy WebLinkAboutCity Council Meeting - Council - Regular Agenda - 8/15/2023 ^*4
KENT CITY COUNCIL AGENDA
• Tuesday, August 15, 2023
KENT 7:00 PM
WASH I NGTON
Chambers
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Mayor Dana Ralph
Council President Bill Boyce
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Toni Troutner
Councilmember Marli Larimer Councilmember Les Thomas
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COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
i. Proclamation Congratulating the Church of Christ on their 109th
Anniversary
ii. Appointment to the Kent Special Events Public Facilities District
Board
iii. Appointments to the Kent Human Services Commission
B. Community Events
C. Public Safety Report
5. REPORTS FROM MAYOR, COUNCIL AND STAFF
City Council Meeting City Council Regular Meeting August 15, 2023
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
C. Councilmembers' Reports
6. PUBLIC HEARING
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and Mayor on issues
that relate to the city of Kent or to agenda items Council will consider. This is not an open
public forum and comments that do not relate to the business of the city of Kent are not
permitted. Additionally, the state of Washington strictly prohibits people from using this public
comment opportunity for political campaign purposes, including to support or oppose a ballot
measure or any candidate for public office. Speakers may not give political campaign speeches
but must instead speak concerning a matter on the City Council's agenda or matters
concerning the general business of the City of Kent. Further, in providing public comment,
speakers must address the Mayor and Council as a whole; remarks intended to target an
individual on the dais are not permitted. Finally, please note that this public comment
opportunity is for you to provide information to the Mayor and City Council that you would like
us to consider, but we will not be able to answer questions during the meeting itself.
The City Clerk will announce each speaker. When called to speak, please step up to the
podium, state your name and city of residence for the record, and then state your comments.
You will have up to three minutes to provide comment.
Public Comment may be provided orally at the meeting, or submitted in writing, either by
emailing the City Clerk by 4 p.m. on the day of the meeting at CityClerk@kentwa.00v or
delivering the writing to the City Clerk at the meeting. If you will have difficulty attending the
meeting by reason of disability, limited mobility, or any other reason that makes physical
attendance difficult, and need accommodation in order to provide oral comment remotely,
please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or
CityClerk@kentwa.ao v.
Alternatively, you may email the Mayor and Council at Mayor@KentWA.gov and
CityCouncil@KentWA.gov. Emails are not read into the record.
8. CONSENT CALENDAR
A. Approval of Minutes
City Council Meeting - City Council Regular Meeting - Aug 1, 2023 5:00
PM
B. Payment of Bills - Approve
C. Appointment to the Special Events Public Facilities District Board - Appoint
D. Appointments to the Kent Human Services Commission - Confirm
E. T-Mobile - West Fenwick Park Cell Tower Lease Renewal - Authorize
F. Accept the South 228th Street Union Pacific Railroad Grade Separation
Bridge and Roadway Phase 5 Project as Complete - Authorize
9. OTHER BUSINESS
City Council Meeting City Council Regular Meeting August 15, 2023
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Current or Potential Litigation, as per RCW 42.30.110(1)(i)
12. ADJOURNMENT
For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or
email CityClerk@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance
of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1.
4.A.1
PROCLAMATION
WHEREAS, Iglesia ni Cristo, or Church of Christ, was founded on July 27, 2
1914; and
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WHEREAS, they officially celebrated their 109t" anniversary on July 2711,
2023; and
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WHEREAS, Church of Christ has become a worldwide organization with
missions in 165 countries and territories; and
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WHEREAS, they have had an incredible impact in Washington and our city,
including the School Supply Drive for Panther Lake Elementary in a
October of 2020 where they donated a large amount of materials r
during their Care for Humanity day; and o
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WHEREAS, members have remained steadfast in their pledge of providing aid
even at the worst of times, continuing to reach out to those who 0
may be vulnerable and are struggling to make ends meet; and N
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WHEREAS, The City of Kent is grateful for the work they have done in our —
community;
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NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT,
DO HEREBY PROCLAIM
that the City of Kent congratulates Church ofCU
Christ in their 109t" anniversary 0
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and encourage all residents to join me in the celebration of this milestone for
an incredible organization within our city. E
In witness whereof, I have hereunto set my hand this 15th day of August 2023. 0
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Mayor Dana Ralph
KENT
W A S H I N G T O N
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the
CAO repo
of department highlights
August 15, 2023 (0
ca
• Staff are working with Sound Transit TOD v
ADMINISTRATION
on scoping and negotiations with potential
Administration developers for the north surplus block near 3
the Kent/Des Moines station. 0
• On August 4th, Council and ELT met for a
Staff are also working on refinements to 0
day long council retreat. There were some of the materials created to provide
presentations and discussion on a variety an overview on King County's 2030 Air and E
of topics including: new legislation Space Strategy for the Council retreat. The 0-
impacting zoning and infrastructure, an goal is to broaden their utility by dividing 40
update on the Language Access Plan and them into more digestible info packets on 0
the implementation of the Race and Equity Kent Valley's industries and places where
Government should be focusing its
Strategic Plan and public safety staffing. investments. o
• Five exchange students from our sister city Long Range Planning0.
in Japan, along with the Kent and Auburn Last week the Long Range Planning team W
counterparts, visited City Hall, Police conducted youth engagement with a 4)
Department and Kherson Park on Tuesday. scavenger hunt at West Fenwick Park and
It is always fun to meet the students and Appian Way apartments. Kids and their
care givers were given a booklet to answer >
learn about their experiences during the questions and complete activities at six
exchange. stations. At the end, they exchanged their T
completed booklet for popsicles! Special E
thanks to our partners in the Parks a
Economic Development department for letting us join your
• Mayor Ralph, along with leadership from ro rammin and for hostin us. U
the Kent School District and STEM Paths H
o
Innovation Network, joined students to
experience Space for Kidz at Kherson Park ;" °"' fi 3
while KING 5 s Evening Magazine filmed E
the festivities. The installment aired the + E
evening of 8/8 and both celebrates Kent's i
aerospace industry and showcases its
wonderfully reimagined park.
• Last week, staff had their first planning �.
meeting with Kent School District since
hiring Kinetic West as its consultant on the
career and technical education plan.
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• Phase 1 of the Comprehensive Plan
community engagement ended Friday,
August 11. A summary of engagement Recruiting
findings will be presented at the September This week, interviews are being held for the
19 Council workshop. following positions:
Building Services • Parks Program Coordinator
During the month of July staff conducted 938 Maintenance Worker 2-Parks Operations
inspections, and 124 plan reviews, aided in Offers have been made and accepted for the
part by newly hired combination building following positions:
inspector Jeff Collins, who joined Kent's team • Capital Facilities Project Coordinator (TLT)
from Auburn. • Fleet Mechanic 2
• Maintenance Worker 1-Storm Drainage
• Parks Program Assistant 1
Bud et The people in these positions are starting on
• The Budget Retreat was held on August 3. Aug. 16th. 3
Over the next month Finance and Benefits o
Administration will review requests, make
• Working with Alliant on Benefits renewals
decisions, and balance funds. The 2023 Q2 for 2024 0,
Budget Adjustment and June monthly • Working with CVS on Absence configuration
report will be presented at the Committee changes E
of the Whole on August 15. • Working with Employees and Managers on
Accounting and Reporting Protected Leave cases and ADA
• The 2022 Annual Comprehensive Financial Accommodations a
Report preparation, 2022 Financial Audit, Upcoming DRS Rate Changes effective
9/1/2023
and Federal Single Audit continue to move
forward. The Accountability Audit will • Review/testing/implementation of Workday 0
follow. R2 updates
• Working with vendors on NYLife and
Tax and License
Second quarter B&O returns were due on MissionSquare Integration updates
• or before July 31. Approximately 190 New Pregnant Workers Fairness Act - o
delinquent notices will be emailed out on regulations scheduled to be published
8/11/23
August ,
• The City of Kent is a member of FileLocal, Working on Wellness activity groups N
which allows businesses to apply for or implementation
Risk Management E
renew their business license online. Along Risk is working on securing an updated a
with neighboring cities, the City has been 4-
engaged in contract negotiations with the contract for the Language Line, with new
vendor that supports this platform. The display cards that will include the City's top
used languages.
current contract has been in place for ten o
years and expires in September. We are Risk is also working on recorded trainings, p
working on a multiyear extension so that which will be accessible through NEOGOV 3
member cities can examine longer term Learn. E
alternatives. Workday E
Customer Service
• Configure and testing the top U
• Staff have been providing positive feedback recommendations from TA&P sessions.
on the new card payment pin pads installed • Started the review and testing of the
in July. Workday 2023 R2 Release - 5-week testing
stage started 8/7/2023
Workday June Statistics:
• 9230 - Total number of business process
events initiated during the selected month.
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• 433 - Total number of business process Covered 68 court calendars in July, which
events that were initiated by a manager included 1,329 cases scheduled for
during the selected month hearing, spread across 944 defendants. Of
• 92 - Total number of business processes those, 374 cases were for 221 defendants
completed including new hires, who were held in-custody. Of the
terminations, and job changes. remaining 723 defendants who were
• 692 - Total number of employee benefits required to appear in court on an out-of-
business processes completed in the custody basis, 174 of them failed to appear
selected month. This includes retirement (about a 24% FTA rate).
savings changes, addition of dependents to In preparation for the August jury term,
an enrollment, new enrollments, and prosecution is preparing 64 cases for jury
changes to eligibility. trial spread across 54 defendants.
Labor Preparing these cases for trial requires
• Tuesday = LMM. Segal conversation re prosecution to contact 140 civilian v
non-rep salary survey. Conversation with witnesses, conduct interviews, and review 'u
Parks Director about personnel all evidence associated with each case. As o
decisions/moves part of this process, prosecutors are also U
• Investigation on Wednesday with Permit reviewing body cam footage that totals o
Center staff. more than 120 hours in length, which is
• Update(s) to City Org charts just over 15 days of work for a single full- E
time employee. 0-
Worked with Public Works staff to draft and n
review contracts related to Sound Transit's o
Information Technology Projects Q-
• MDC Replacement - To procure, test and
Federal Way Link Extension project. a�
• Assisted outside counsel on a number of
deploy a robust and mobile device for the
cases currently in litigation. o
City of Kent Police Department. The new • Worked with staff to acquire the property
system will allow staff to be CJIS compliant rights necessary to complete various
and connect to all City of Kent resources
projects throughout the City. a'
while in the field. • Continued to work with Parks' staff and
• Business License Admin Spatialization Tool p
- To streamline the process of spatially consultants to finalize the bid documents for
visualizing City of Kent data, resulting from the Kent East Hill Operations Center's pre- 2-
the process providing a user-friendly web engineered metal building. N
application. • Worked with staff to review and analyze bid
Information Technology operational support documents in preparation for a bid award.
for July 30, 2023, to July August 8, 2023 • Assisted the Clerk's Office on various public
Number of tickets opened - 108 records requests.
Number of tickets closed - 246 U
PARKS, RECREATION, AND c
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COMMUNITY SERVICES
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• Participated in National Night Out on August Recreation and Cultural Services
1, 2023, visiting with residents throughout Wednesday Picnic Performances for kids E
the City. continued Wednesday, July 26 at noon at U
• Received a total of 199 cases from the West Fenwick Park. Doktor Kaboom!
Police Department in July to review and presented a fun afternoon of theatrical
assess for the filing of criminal charges. Of science experiments for a crowd of
those cases, 83 were for in-custody approximately 400. Many of the kids and
defendants which necessitated rush filing families stuck around to participate in field
the next business day after arrest. That is activities and water games as part of the
roughly a 26% increase in the number of Kent Parks Playground Program. The final
in-custody cases from the month before.
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Wednesday Picnic Performance is schedule • Riverbend Golf Course parking lot seal coat
for August 9. and restripe complete.
• Folk singer/songwriter Amelia Day and The • Court / Corrections parking lot seal coat
Cloves entertained a crowd of and restripe is scheduled for various areas
approximately 300 at Lake Meridian Park starting on 8/14 through 8/22. This has
on Thursday, July 27. Seffarine brought an been coordinate with the Court and
intersection of Spanish, Arabic, Andalusian, Corrections teams.
Persian classical, and jazz to a similarly • Power washing exterior garage and other
sized audience of 300 on Thursday, August areas is on-going through summer.
4. The final Thursdays at the Lake • A new sign for Russell Road Shops is in
performance will feature The Hillbenders production and will be installed soon.
"WhoGrass" on August 10. • We're working with RFA to issue them new 2n
• Mayor Ralph, along with leadership from cards that are branded with the RFA logo
the Kent School District and STEM Paths so we can differentiate between RFA staff v
Innovation Network, joined students to and City of Kent staff on our access U
experience Space for Kidz at Kherson Park badges. This process has started. o
while KING 5's Evening Magazine filmed • Garage stairwells painting is complete.
the festivities. The installment aired the • Centennial Center fire alarm upgrades is o
evening of 8/8 and both celebrates Kent's still being worked through and we'll need M
aerospace industry and showcases its to put it back out to bid.
wonderfully reimagined park. Starting to work through Access Control o
Facilities upgrades throughout the City. This is the n
• Solar + storage feasibility study is keycard system and our ID badges. o
completed. We should be hearing back Security cameras will now be a part of this
from Commerce any day now. Once project as well.
approved, we'll be putting the project in o
motion and out to bid. Still looking to
complete in 2023. This is an upgraded Staff Changes - Hiring/Retirement/ )
system from the original grant with more
solar panels and battery storage but the
Recruitment/Leaves/Promotions
same commitment from the City. • Officer Patrick Rainer retired August 1. p
Courthouse and Corrections generator Direct Appoint Detective Nona Steffes
• project is getting closer to completion. The started August 1. L
generator is set, and the contractor is Significant Crime Activities/Arrests/
working with PSE for final connections. Investigations E
Timeline is about 6 more weeks. • On July 24, at 8:48pm, officers were
dispatched to a carjacking at the Atrium w
• Kent Commons renovation floor plan is a�
complete. Starting to compile bidding on James. When she got out of her
vehicle, two armed suspects approached
documents and planning. Our target is to E
start the project in January 2024. her, threaten to shoot her, and stole her o
• Court room renovation plans are also being vehicle. On July 28 Seattle PD recovered
finalized and construction documents and the vehicle and arrested two
bidding packages are still being compiled. suspects. One subject fled from the E
• Siemens HVAC controls project is vehicle and was not located. c
underway. We plan to complete before • On July 25, at 1:14am, officers were U
October 2023. dispatched to a carjacking that occurred in
• City Hall Campus generator controls the 24-Hour Fitness parking lot located in
upgrade is underway. The install is the 20600 block of 108t" Ave SE. When
scheduled for 8/15 & 8/16 then a test on the victim who arrived at work, three
8/19. It's for the PLC which stands for masked suspects opened his vehicle door,
Programmable Logic Controller. pulled him out and took his phone and
vehicle. At 11:33pm, Renton PD dealt with
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a vehicle collision in the 14000 block of Apartments when a vehicle pulled
Petrovisky Rd involving the stolen up. Someone within the vehicle yelled out
vehicle. They made one arrest. to the victim and then fired multiple
• On July 26, officers were dispatched to a rounds hitting the victim twice.
theft report at the US Bank located at 305 On August 2, at 1:10pm, officers were
4th Ave N. Approximately $13,000 had dispatched to an overdose at an
been stolen from the bank overnight. apartment within the Atrium on James
Officers were able to track the money to a Apartment complex. The 15-year-old
residence in Tacoma which belonged to an female had passed away and preliminary
employee of the cleaning company which indications suggest the victim died from
services the bank. During questioning, an overdosed using/exposure to
officers were able to get the suspect to fentanyl.
provide a full confession and recovered On August 2, at 5:51 hours, officers were
almost all of the money. dispatched to a residence on the west hill v
• On July 27, at 1:52am, officers were of Kent regarding a medical emergency for
dispatched to a shooting near the a 9-year-old male. Puget Sound Regional 3
intersection of 114t" Way SE and SE 230t" Fire Authority and Kent Police provided 0
PI. The victim had parked in the parking lifesaving efforts, but the child passed o
lot of the Montessori school located at the away. Preliminary indications suggest the
intersection of SE 240t" St and 112t" Ave victim died from an overdose E
SE. The reason for this was to visit a using/exposure to fentanyl. 0-
friend inside the Phoenix Court On August 3, at 3:21pm, officers were n
Apartments as the friend's boyfriend had dispatched to an assault which occurred in o
been shot recently at that location. They the 26600 block of Central Ave S. The
parked at the school thinking it would be victim was traveling southbound in her
safer than inside the Phoenix Court vehicle when the suspect pulled up beside o
Apartment complex. When they were her traveling in the same direction. The
leaving, they saw multiple subjects armed suspect began yelling and pointed a
with guns. When they drove out of the handgun directly at her. The victim slowed
school parking lot, they began to take down to get away and began recording the
gunfire and the victim was struck in the suspect's vehicle with her phone. The 0
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head. The victim did not survive. suspect appeared to see this and in turn, r
• On July 28, at 2:22am, officers were slowed down, got beside her again and
dispatched to a shooting at a residence in pointed the handgun at her a second T)
the 10200 block of SE 237t" St. The time. The victim sped up to get away. She •E
victim's residence had been shot up. The was able to navigate an intersection in a
homeowner stated she believed the target Auburn causing the suspect vehicle to get a
of the shooting was her son who lived at hung up at a red light and notified police.
the location as he had been involved in On August 4, at 4:32pm, officers were E
criminal activity. When the shooting dispatched to a threat with a weapon 2
began, she grabbed her firearm and went incident within the Arden Park
outside to see one suspect standing near Apartments. The victim was walking
her residence. She fired one round into through the parking lot when she noticed E
the air, but the suspect continued to shoot the suspect holding and pointing a gun at 0
more rounds in her direction. The victim her making the gesture of
then returned fire and the suspect fled the shooting. Officers were able to identify the
scene in a vehicle. suspect, make an arrest, obtain a search
• On July 29, at 10:20pm, an officer was warrant for the suspect's residence, and
dispatched to Harborview Medical Center collect all of his firearms.
regarding a shooting that occurred in On August 5, at 3:57am, officers were
Kent. The victim had been at the dispatched to a stabbing that was thought
basketball courts within the Cascade to have occurred near the Fred Meyer
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located in the 25200 block of Pacific Hwy Surveys for multiple on-going capital
S. The victim was not in stable condition projects.
and was sent to the hospital for emergency GIS staff continue with updating as-built
surgery. The victim had been drinking at utility data from private development and
JJ's Bar and Grill. When he was done, he capital projects as well as performing
began walking home southbound on Pacific QA/QC scripting for GIS layers. Staff are
Hwy S. He was then approached by the fulfilling multiple Public Records Requests,
unknown suspect who had a knife in his providing GIS support of Cityworks and
hand and demanded his cell phone. When web map applications, including
the victim refused, the suspect stabbed dashboards for Public Works customers.
him in the abdomen and took the phone GIS Analysts are touring pump stations
anyway. with Operations staff to better understand
• On August 7, at 3:40pm, a red sedan utility connectivity and improve our shared
drove by/through Park Place Apartments mapping applications. v
with the rear passenger shooting from the Environmental U
vehicle. The only victim located was a Vegetation Monitoring: Vegetation being o
Mercedes GL450. Bullet fragments were monitored for compliance with permit
recovered from the vehicle as well as conditions at thirteen (13) sites this year: o
several different calibers of casings from 72nd Ave, Alvin's Pond, Downey Ph 3,
the ground in the area. Witnesses said they Downey Ph 5, Dvorak Barn mitigation, E
had theories on who the shooter was but Frager Rd/S216th, UMCD-Green River 0-
declined to share. Riparian, GRNRA Pump Station Advanced n
Major Emphasis Patrol Mitigation, HCM 3, HCM 5, Hytek N and o
• A small racer emphasis with Kent PD and Hytek S, KOA, Leber.
Renton PD officers was held on July 29. A Johnson Creek Beaver Fencing/Restoration
racing group was organizing an event that Site: Staff working with Ops and Design on o
0.
night in Fife, Tacoma, and Kent. Pierce continuing beaver damming issues and the
County had a large emphasis and presence of backed up water against the S. Y,
prevented the group from racing anywhere 212th St. embankment a)
down south. The group attempted to move Lake Fenwick Alum Treatment: Alum will E
to Kent but were deterred by the KPD be applied to Lake Fenwick to assist in 0
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units. The group then moved to Renton controlling phosphorous, and, in r
and very briefly did donuts in the IKEA combination with the new aerator, should
parking lot before being broken up by the minimize algal blooms over a number of
RPD units. The group then left the area. years. Currently being advertised for bids. 'E
The combined deterrence from both Pierce Ad dates: August 1 and August 8; Bid
a
and King County agencies was extremely Opening: August 15; City Council: a
effective at preventing racing crimes and September 5
left the racers very frustrated. Temporary Erosion and Sediment Control E
Inspections: Staff will inspect 8 2
WORKSPUBLIC construction sites. This includes post-
construction walkthrough inspections and
Survey temporary erosion and sediment control E
• Survey Field staff provided topographic c
data for Reith Road Roundabout and the inspections. U
Kent East Hill Operations Center projects. Comment Letter for Development East of
Survey staff are setting up data in field Clark Springs: Staff submitted a comment
software for staking the 108th Ave SE and letter on 8/1 to the King County
Department of Local Services Division
SE 264th St. Roundabout project.
Professional staff are determining Right of regarding a proposed development 2 miles
Way boundaries and filing Record of east of Clark Springs, which is the city's
main water supply. The construction and
long-term operation of the proposed
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development could have negative impacts discuss scope, need and purpose of
on water quality within the Clark Springs meeting early Aug.
aquifer. The comment letter outlines Construction
mitigation measures for the continued West Hill Reservoir: Striping on 38t" and
protection of groundwater resources. Military completed week of 8/7 and has
Design been put out for final walk thru. T-Bailey
• East Valley Highway - S 212th St to S on site pulling weeds and working through
196th St: Project advertised Aug 1. Bids final details prior to walk thru.
open Aug 22. • 2023 Railroad Quiet Zone BNSF Railroad
• Linda Heights: Working to finalize memo Crossing Improvements: Sign installations
with Parks regarding site improvements. ongoing. Final channelization took place
Permit Center has confirmed receipt of Friday 8/4 at multiple locations. Railroad
permits. interties scheduled for week of 8/8. LED
• Mill Creek/76th Ave S Culvert Replacement signs expected to be delivered mid-August. v
and Road Raising: Agreement package and 2023 Asphalt Overlays: Paving work U
supporting documents for construction complete week of 8/11. Crack sealing with o
agreement with KC WTD expected to be pavement repairs followed immediately U
provided to KC WTD by mid-Aug. after. Installed detectable warning surfaces o
• Reith Road - Vicinity S 253rd St to SR 516: week of 7/31.
Opportunities to reduce cost of project to 2023 Watermain Replacement: All
be finalized and updated design to begin watermains up on the East Hill have been 0-
immediately. tied in and services switched over to the n
• Green River Bridge Painting and Deck new watermain. James St storm work is a
Repair: Discussed construction complete and the roadway was opened
phasing/sequencing with nearby back up morning of 8/1. Minor restoration
businesses to identify concerns. Seeking still needs to be done behind curb. o
Traffic Control Consultant to prepare plans. Watermain on State St scheduled started
Preparing package for 50% review. 8/8. New curbs and a grind and overlay of Y,
• 81st Ave Pumpstation and Force Main: State St will follow once watermain is 4)
Evaluating scope for cost saving com lete.
opportunities. Field meeting with internal 0
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stake holders to be held mid Aug. _ >
r
• Johnson Creek at 212th Monitoring: -
Coordinating to place gage to collect water _ r Mn
level data. -
• Mill Creek ReEstablishment: Further staff • „ r`,r a
changes at the Corps - a new project y a
manager has been assigned and is looking
into options for utilizing a Nationwide E
permit for this project. Coordination with 2
property owners adjacent to the creek for Streets .2
construction access continues. Street Maintenance crews ground for inlay
• S 212th St Preservation - Green River and paved the roadway on 97th PI S and c
Bridge to 72nd: Preparing information for on 132nd Ave SE, set out no parking
SEPA exemption. 30%/Scoping review set barricades and hung door hangers on 33rd
distributed for comments, due Aug 21. Ave S, ground and paved the roadway on
• 2024 Watermain Upgrade: 30% review 64th Ave S and sealed inlays and overlays
package distributed. Comments were due at various locations Citywide.
Aug 14. Signs and Markings crews performed
• Railroad Ave Water Main Replacement � maintenance of signs and school signs at
(Smith to Pioneer): Meeting schedule to various locations Citywide, installed signs
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on S 272nd St, S 203rd St and at Water staff have been wrapping up the
Kennebeck Ave S, met with Traffic State Ave N water main project between E
Engineering to determine locations for "do Smith St and E Pioneer St and have been
not stop on tracks" sign and speed cushion working on the final water main tie-in, site
markings and ground off ADA markings for restoration and utility cut paving. Crews
replacement and torched down ADA will be moving to E Chicago St between
markings on 1st Ave N, 1stAve S, 2nd Ave Kensington Ave S and Wynwood Dr S for a
S, W Meeker St, E Titus St and on W water main replacement next. Staff
Harrison St. continued to exercise fire hydrants in the
• Solid Waste crews cleaned up debris along valley water system and lower East Hill and
25th Ave S and along 80th PI S and repair the hydrants found in need of repair
removed graffiti at the Meeker St bridge, during exercising.
the 212th St bridge and at the jersey Sewer staff continued to work through the
barriers on SE 272nd St, west of Lake collection system line cleaning, currently v
Meridian Park. cleaning in the area of S 196th St from W U
• Water Vegetation crews line trimmed, Valley Hwy to 59th PI S and SE 248th St o
mowed and picked up litter at the East Hill from 109th Ave SE to 116th Ave SE. Sewer U
Well, Pumpstation #5, the 212th line TV inspections have been underway in o
Treatment Plant, the 208th Well, the the area of S 194th St and 62nd Ave S.
Scenic Hill sites and at the road shoulders Staff have been performing sewer manhole E
and water mains at Clark Springs. vacuum tests in the new Clark Lake Estates o
• Street Vegetation staff mowed, line development off 120th Ave SE on Kent's n
trimmed, weeded and cleared debris along East Hill. Staff continued to work on a
the planted traffic islands on Pacific Hwy S, easement maintenance and weekly and
repaired the irrigation systems on Pacific monthly cleaning of trouble areas.
Hwy S, ran the irrigation system on the Source, Supply and Pumpstations o
south side of S 228th St, filled tree bags at Source and Supply staff shutdown the Kent GoT
various locations Citywide, watered plants Springs transmission main for the Jenkins W
at the SE 256th St traffic island, along W Creek Project, removed a tree at Clark
Gowe St, in the beds on S 240th St by the Springs, performed filter inspections at the
Operations shop and along E Meeker St, 212th Treatment Plant, received a chlorine 0
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cleaned tree wells at E Meeker St and delivery at the East Hill well, repaired >
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Central Ave N, W Smith St and 4th Ave N, fences at Clark Springs and at Armstrong
E Willis St and Central Ave N and at E Springs, collected fluoride splits, collected T)
Gowe St and Central Ave S and watered and tested fluoride lab samples for active E
trees in the downtown area. sources, flushed the water pumpstation #1 a
• The Sidearm crews mowed along Reith Rd, (SSP1) Tacoma source, performed a
42nd Ave SE, 116th Ave SE, SE 240th St, operation of well #1 at the 212th
Reiten Rd, Military Rd S and along the road Treatment Plant and took wellhead E
shoulders and water mains at Clark samples, inspected Pressure Reducing 2
Springs. Valves (PRVs), checked pumps, and
• Wetland Mitigation crews performed weed performed preventative maintenance of
control and ran the irrigation system at the generators at various locations Citywide. E
Downey site, planted wetland emergent SCADA staff worked with Go-Tek/RH2/Duc 0
plants and ran the irrigation system at the on Tacoma communications, installed
Hytek site, line trimmed and removed fluoride drives at Kent Springs, worked on
weeds at the Cottonwood Forest site and the screen design and development for the
line trimmed and cut down vegetation at new SCADA servers, took readings at the
the Frager Rd Cottonwood, Leber and 72nd Riverbend well, completed the wiring and
Ave sites. testing for the Union Pacific Stormwater
Water/Sewer pumps, cycled the 3.5 tank and compiled
the system wide source report.
Page 8 of 9
Packet Pg. 12
5.6
• Pumpstation crews worked with Storm to on S 261st St, The Vineyards on 35th PI S,
clean the wet wells at the Union Pacific and Punjab Plat on S 259th PI, Parkside on S
the 84th Ave pumpstations, repaired the 255th PI, LID 353 (Motel Pond) and Military
fence at the Mill Creek lift station, Rd Bioswale on Military Rd S, Beasts Holler
performed sewer wet well cleaning at on 84th Ave S, Greenfield Park and
various locations Citywide, performed a Western View Estates on 26th PI S, KDM on
station tour with GIS staff and installed S 248th St, Pacific Hwy Pond on 21st Ct S,
wiring for ATS at Lindental with Bainbridge Kentwood Glen #3 on S 257th PI, Linda
Electric. Heights Easement on S 248th St, Shuver
Storm Drainage/Vegetation Estates and Chelmsford on 116th Ave SE,
• Storm crews repaired a catch basin at Pine Ridge on 117th Ave SE, Chelmsford on
10433 SE Kent Kangley Rd, potholed for 117th PI SE and at Grewel on 119th Ave
utilities on Woodford Ave N, filled rocked SE.
bags for Hydraulic Permit Approval (HPA) Fleet/Warehouse v
work, line cleaned at the WinCo on S 212th The Warehouse crew have continued to U
St, removed debris at the Garrison Creek assist with CDL training, maintained the o
Dam, cleaned the bays and maintained the shops yard, keeping it clean and free of U
equipment at the Vactor site and litter and debris, cleaned and maintained o
performed TV cleaning for the 2024 the wash rack, washed and vacuumed
overlays at S 192nd St and 80th Ave S and motor pool vehicles, issued Personal E
at S 196th St and 81st Ave S. Crews also Protection Equipment (PPE) and motor pool o
performed National Pollutant Discharge vehicles to staff and hydrant meters to
Elimination System (NPDES) assessing on contractors, repaired small equipment as o
132nd Ave Se, SE Kent Kangley Rd, 144th needed, received parts and inventory
Ave SE, SE 254th St and on SE 249th St orders and hauled spoils as time and
and pumping on Pacific Hwy S and on equipment were available. o
135th Ave SE. Fleet staff worked on receiving new
• Wetland Maintenance performed line vehicles, set-up of new vehicles for Water, Y,
trimming and mowing of wetlands at Sewer and Drainage Vegetation, worked on
Garrison Creek Enhancement on 93rd Ave mower repairs, prepared vehicles for
S, Pheasants Hollow A on SE 227th St, auction and worked on scheduled and non- 0
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Pheasants Hollow B on 125th PI SE, scheduled maintenance repairs. r
Pheasants Hollow C on 126th Ave SE,
Glenmar on 123rd Ave SE, Swan Court on
112th Ave SE, Kam Singh on SE 227th St, ### E
Garrison Creek on S 216th Pl, Twin Creeks a
B for SR 38864 on SE 236th PI, Stonewood a
on S 230th PI, Morgan's Place on 98th Ave
S, Dono Frio for SR 38550 on 46th Ave S, E
ShoWare on W James St and at Pacific
Equipment on S 200th St, mowed, line
trimmed and removed tansy and purple
loosestrife and cleaned up litter at the E
Boeing Ditch on 64th Ave S, mowed, line G
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trimmed, removed purple Ioosestrife and
willow and cleaned up litter at the Boeing
Ditch at 66th Ave S and at S 211th St and
removed purple Ioosestrife and willow at
the GRNRA on 64th Ave S.
• Holding Pond crews line trimmed and
mowed at Winterbrook on Cardiff Ave,
Cambridge on Cambridge PI, Randall Park
Page 9 of 9
Packet Pg. 13
Pending Approval
Kent City Council
• City Council Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
August 1, 2023
Date: August 1, 2023
Time: 5:00 p.m.
Place: Chambers
1. CALL TO ORDER/FLAG SALUTE
Mayor Ralph called the meeting to order. a
2. ROLL CALL
Attendee Name AMT Status Arrived o
CE
Dana Ralph mayor Present
Bill Boyce Council President Present
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Brenda Fincher Councilmember Present a
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present a
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Toni Troutner Councilmember Present R
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Les Thomas Councilmember Present N
Zandria Michaud Councilmember Present N
3. AGENDA APPROVAL
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A. I move to approve the agenda as present. o
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RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud
Q.
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4. PUBLIC COMMUNICATIONS a
A. Public Recognition
L Employee of the Month
Mayor Ralph recognized Senior Planner, Kaelene Nobis as the August
employee of the month. Nobis expressed appreciation of the award.
ii. Reappointment to the Kent Arts Commission
Mayor Ralph provided information on Campbell Kristenson and requested
Council confirm her recommendation to the Kent Arts Commission.
B. Community Events
Council President Boyce announced upcoming events at the accesso ShoWare
Packet Pg. 14
Kent City Council City Council Regular Meeting August 1, 2023
Minutes Kent, Washington
Center. Visit accessoshowarecenter.com for more information.
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
Due to National Night Out, Mayor did not provide her report.
B. Chief Administrative Officer's Report
No report.
C. Councilmembers' Reports
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No reports.
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6. PUBLIC HEARING °
CE
None. 'o
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7. PUBLIC COMMENT a
None. 2
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8. CONSENT CALENDAR LO
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I move to approve items A - J. c
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RESULT: APPROVED [UNANIMOUS] v,
MOVER: Bill Boyce, Council President Q
SECONDER: Les Thomas, Councilmember °
°
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud
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A. Approval of Minutes
Council Workshop - Workshop Regular Meeting - Jul 18, 2023 5:15 PM
CityCouncil Meeting City Council Regular Meeting Jul 18 2023 7:00 PM
9 - Y 9 9 - �
B. Payment of Bills - Approve a
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MOTION: I move to approve the payment of bills received
through 6/30/23 and paid on 6/30/23 and bills received
through 7/15/23 and paid on 7/15/2 and approve the checks
issued for payroll 6/16/23 - 6/30/23 and paid on 7/5/23 and
checks issued for payroll 7/1/23 - 7/15/23 and paid on
7/20/23, all audited by the Committee of the Whole on July 18,
2023.
C. Reappointment to the Kent Arts Commission - Confirm
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 5 Packet Pg. 15
Kent City Council City Council Regular Meeting August 1, 2023
Minutes Kent, Washington
MOTION: I move to confirm the Mayor's reappointment of
Campbell Kristenson to a second 4-year term on the Kent Arts
Commission Starting February 5, 2023 and ending on February
4, 2027.
D. Drug Treatment Funding - Authorize
MOTION:I move to authorize the reversal of a portion of the
established ARPA budget for the funding of Community Court
and establish funding from the Opioid Settlement beginning in
2023.
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E. Purchase from Carahsoft under the NASPO Cooperative
Purchasing Agreement - Authorize
MOTION: I move to authorize the IT Director to purchase °
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through the cooperative purchasing agreement the state o
Department of Enterprise Services has with Carahsoft, if those a
purchases are within the City's established budgets and made a
during the term of the state contract, which is in effect through
September 16, 2026, or any later contract extension the state a
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may authorize.
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F. Civic Plus SeeClickFix Amendment - Authorize N
0
MOTION: I move to authorize the Mayor to sign the Services CN
Renewal Agreement with Civic Plus, LLC, in the amount of
$63,997.47, subject to final terms and conditions acceptable to Q
the IT Director and City Attorney; to authorize the IT Director
to sign future renewals that are within established budgets; 2
and to ratify past actions consistent with this motion. c
G. Consultant Services Agreement with Otak, Inc. - 76th Avenue
South/Mill Creek Culvert Replacement - Authorize
MOTION: I move to authorize the Mayor to sign a Consultant
Services Agreement with Otak, Inc., in an amount not to a
exceed $249,906, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
H. Opportunity Funds from King County Flood Control District -
76th Avenue South/Mill Creek Culvert Replacement - Accept
MOTION: I move to accept grant funds from the King County
Flood Control District Sub-Regional Opportunity Fund, in the
amount of $205,902, for the 76th Avenue South/Mill Creek
Culvert Replacement project, amend the budget and authorize
expenditure of the funds in accordance with the grant terms
and conditions, and authorize the Mayor to sign all necessary
documents subject to terms and conditions acceptable to the
Public Works Director and City Attorney.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 5 Packet Pg. 16
Kent City Council City Council Regular Meeting August 1, 2023
Minutes Kent, Washington
I. Consultant Agreement with KBA, Inc. for the 108th Ave SE and
SE 264th St Compact Roundabout - Authorize
MOTION: I move to authorize the Mayor to sign the Consultant
Services Agreement with KBA, Inc in the amount of $252,845,
subject to final terms and conditions acceptable to the Public
Works Director and City Attorney.
J. Highway Safety Improvement Program - City Safety Road Diets
Grant - Authorize
MOTION: I move to accept additional grant funds from the
Washington State Department of Transportation in the amount
of $499,140, for the City Safety Road Diets project and
authorize the expenditure of these grant funds, ratify all past o
actions consistent with this motion, and authorize the Mayor to CE
sign all necessary documents, subject to final terms and °
conditions acceptable to the City Attorney and Public Works a
Director.
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9. OTHER BUSINESS O
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None. L'
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10. BIDS N
A. 108th Avenue SE and SE 264th Street Compact Roundabout - Q
Award
0
Public Works Director, Chad Bieren provided details on the 108th Avenue SE r
and SE 264th Street Compact Roundabout bid and recommended awarding
to Strickland and Sons, LLC.
Councilmember Thomas spoke in opposition of the project.
MOTION: I move to award the 108th Avenue SE and SE 264th
a�
Street Compact Roundabout Project to Strickland and Sons a
Excavation, LLC in the amount of $1,184,513.74 and authorize
the Mayor to sign all necessary documents, subject to final
terms and conditions acceptable to the City Attorney and Public
Works Director.
RESULT: MOTION PASSES [6 TO 1]
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud
NAYS: Thomas
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 4 of 5 Packet Pg. 17
Kent City Council City Council Regular Meeting August 1, 2023
Minutes Kent, Washington
None.
12. ADJOURNMENT
Mayor Ralph adjourned the meeting.
Meeting ended at 5:12 p.m.
Kf4vi l Ley A. Ko v wto-
City Clerk
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Page 5 of 5 Packet Pg. 18
8.B
•
KENT
W A S M I N G T O N
DATE: August 15, 2023
TO: Kent City Council
SUBJECT: Payment of Bills - Approve
MOTION: I move to approve the payment of bills received through 7/31/23
and paid on 7/31/23 and approve the checks issued for payroll 7/16/23 -
7/31/23 and paid on 8/4/23, all audited by the Committee of the Whole
on 8/1/23.
SUMMARY:
Approval of payment of the bills received through: 07/31/23
and paid 07/31/23
Approval of checks issued for Vouchers:
Date Document Numbers Amount
07/31/23 Wire Transfers 9787 9806 $2,655,053.87
07/31/23 Regular Checks 771537 771923 $5,005,607.88
07/31/23 Payment Plus 105234 105267 $125,014.49
Void Checks ($4,071.90)
Void Payment Plus $0.00
07/31/23 Use Tax Payable $1,295.36
Total Accounts Payable: $7,782,899.70
Approval of checks issued for Payroll: 07/16/23-07/31/23
and paid 08/04/23
Date Document Numbers Amount
08/04/23 Checks $2,383,036.15
Voids and Reissues $0.00
08/04/23 Advices FR&P 463597 463603 $4,370.65
Total Payroll: $2,387,406.80
BUDGET IMPACT: No unanticipated impacts.
08/01/23 Committee of the Whole MOTION PASSES
Packet Pg. 19
8.B
RESULT: MOTION PASSES [UNANIMOUS]Next: 8/15/2023
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
Packet Pg. 20
8.0
KENT
DATE: August 15, 2023
TO: Kent City Council
SUBJECT: Appointment to the Special Events Public Facilities District
Board - Appoint
MOTION: I move to appoint Kristie Duggan to Position No. 4 on the Kent
Special Events Public Facilities District Board for a four-year term starting
on September 1, 2023 and ending August 31, 2027.
SUMMARY: The accesso Showare Center was originally constructed and financed
through a partnership between the City and the Public Facilities District (PFD), a
governing body that, pursuant to RCW 35.57.020, may be established for the
purposes of acquiring, constructing, owning, remodeling, maintaining, repairing,
financing, and operating a regional center. The PFD was primarily established to
assist in financing the construction of the accesso Showare Center.
The PFD board is made up of five members who are appointed by the City Council.
Three of the five members of the board are appointed by the Council after receiving
a recommendation from local organizations that may include, but are not limited to
the local chamber of commerce, local economic development council, and local
labor council. RCW 35.57.020. The other two positions do not require this
recommendation. Pursuant to state law, PFD board members serve four-year
terms.
On August 31, 2023, Carmen Goers, who occupies Position No. 4, will have met the
term limit of two terms and is ineligible to serve an additional term.
The City conducted an extensive recruitment process that included posts on the
City's website, social media posts, inclusion in Mayor Ralph's newsletter, email
notifications to local diversity and equity inclusion offices, including educational and
community-based organizations, and emails to applicants that have applied to any
board or commission over the past year.
Recommendations were sought from the Kent Downtown Partnership, Kent
Chamber of Commerce and Laborerslocal242. No recommendations were received.
Two applications were received and Mayor Ralph and the City's Economic and
Community Development Director recommend Council appoint Kristie Duggan to
the Kent Special Events Public Facilities District Board.
Packet Pg. 21
8.0
Duggan is currently serving as the Chair on the Kent Parks and Recreation
Commission and is looking for other ways to stay involved in the City. Duggan has
been a Kent resident since grade school, has a business degree, has worked in
Human Resources departments for more than 20 years and is currently employed
as the Human Resource manager at Pickleball Central.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 22
8.D
•
KENT
W A S M I N G T O N
DATE: August 15, 2023
TO: Kent City Council
SUBJECT: Appointments to the Kent Human Services Commission -
Confirm
MOTION: I move to confirm the Mayor's appointments of Sarah Veele, Dee
Klem and Emy Haruo to four-year terms on the Kent Human Services
Commission for the period of August 16, 2023 through August 15, 2027.
SUMMARY: An extensive recruitment process was conducted and included
promotion on the City's webpage, inclusion in Mayor Ralph's newsletter and a
recruitment announcement sent directly to existing commission members and
community-based organizations. Staff reviewed the candidate's applications and
interviews were conducted. Staff is encouraged by the candidate's perspectives and
experiences will be an asset to the Kent Human Services Commission and
recommend the appointments.
The candidates are residents of Kent and have years' of experience working with
diverse populations. Their interest in the Commission reflects their interest in
becoming more directly involved in Kent and learning more about the non-profits
providing services to Kent residents.
I am pleased to recommend the appointments of Sarah Veele, Dee Klem, and Emy
Haruo to the Kent Human Services Commission for initial four-year terms for the
period of August 16, 2023 through August 15, 2027.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 23
8.E
KENT
DATE: August 15, 2023
TO: Kent City Council
SUBJECT: T-Mobile - West Fenwick Park Cell Tower Lease Renewal -
Authorize
MOTION: I move to authorize the Mayor to sign the Reinstatement and
Addendum Two to the Lease Agreement with Sprint Spectrum Realty
Company, LLC for a cell tower located at West Fenwick Park, that extends
the lease five years with three additional five-year extension options, and
ratify all acts consistent with this motion, subject to final terms and
conditions acceptable to the City Attorney and Parks Director.
SUMMARY: The City has leased this cell tower site that is adjacent to West
Fenwick Park to Sprint Spectrum since 2006. The lease expired in June of 2021.
This reinstatement starts a new term beginning in June 2021 for an additional five
years, incorporates the previous lease and addendum, and includes annual
increases of 3% and three additional five-year renewal options.
BUDGET IMPACT: None.
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.
ATTACHMENTS:
1. Lease West Fenwick (PDF)
08/01/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 8/15/2023
7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
Packet Pg. 24
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
REINSTATEMENT AND ADDENDUM TWO TO LEASE AGREEMENT BETWEEN THE CITY OF KENT
AND SPRINT SPECTRUM REALTY COMPANY LLC
This Reinstatement and Addendum Two to Lease Agreement (the "Addendum Two") is
effective as of the date of execution by the last party to sign (the "Effective Date") by and
between the City of Kent, a Washington municipal corporation ("Landlord") and Sprint Spectrum
Realty Company LLC., a Delaware limited liability company("Tenant") (each a "Party", or
collectively, the "Parties").
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RECITALS t
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Landlord and Tenant (or their predecessors-in-interest) entered into that certain Lease '
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Agreement dated June 21, 2006 (attached as Exhibit A), including Addendum One to Lease 3:
Agreement dated January 27, 2012 (attached as Exhibit B), (collectively, the "Lease") regarding a
the leased premises ("Premises") located at West Fenwick Park, Kent, WA 98032 (the
"Property").
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The Lease expired on or about June 29, 2021, since which time Tenant has continued to 3
make all required payments and has remained on the Property in holdover, with Landlord's 0
permission, since that date. v
For good and valuable consideration, Landlord and Tenant agree as follows:
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1. The Lease is hereby reinstated in its entirety, as amended herein, and is ratified and y
affirmed in all respects as if the Lease never expired.
2. Starting June 30, 2021, a new five (5) year term began ("First Renewal Term"). The term
of the Lease will automatically be extended for three (3)additional and successive five (5) c
year terms (each a "Renewal Term"), provided that Tenant may elect not to renew by
providing at least ninety (90) days' notice prior to the expiration of the current Renewal
Term. The First Renewal Term and any Renewal Terms are referred to collectively as the
"Term."
11C
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3. Beginning with Rent for the month of November 2022, Tenant shall pay Landlord Three 3
Thousand and No/100 Dollars ($3,000.00) per month ("Monthly Rent"), plus leasehold
tax, if required by law, at a rate established by the State of Washington. Thereafter,
notwithstanding anything to the contrary in the Lease, throughout the Term the Monthly
Rent shall be increased annually on each anniversary of the First Renewal Term and each
Renewal Term by an amount equal to three percent (3%) over the Monthly Rent for the J
immediately preceding year.
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4. All notices, requests, demands and other communications shall be in writing and shall be
deemed to have been delivered upon receipt or refusal to accept delivery, and are a
effective only when deposited into the U.S. certified mail, return receipt requested, or
when sent via a nationally recognized courier to the addresses set forth below. Landlord
1
TMO Site ID:SE04212A
Packet Pg. 25
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
or Tenant may from time to time designate any other address for this purpose by
providing written notice to the other Party.
If to Tenant: If to Landlord:
T-Mobile USA Inc. City of Kent
12929 SE 38th St. 220 Fourth Avenue South
Bellevue, WA 98006 Kent, WA 98032 .N
Lease Compliance/SE04212A Attn: Park Facilities Manager/City Clerk 0
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5. Except for instances of default as set forth in Section 15 of the Lease, this Lease may be
terminated (a) by Landlord upon (90) days prior written notice to Tenant, if the Landlord
decides, in its sole discretion for any reason,to discontinue use of the Premises for city or
public purposes; (b) by Landlord if it determines through verifiable scientific evidence that J
L
continued use of the Premises by Tenant is in fact a threat to health, safety or welfare; (c) 3
by Landlord if Tenant's use of the Premises violates applicable laws or ordinances; or (d) 0
by Landlord if Tenant loses its license to provide PCS/cellular service for any reason,
including, but not limited to, non-renewal, expiration, or cancellation of its license. �
3
6. Tenant and Landlord will cooperate with each other's requests to approve permit
applications and other documents related to the Property. y
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7. Except as expressly set forth in this Addendum Two, the Lease otherwise is unmodified.
To the extent any provision contained in this Addendum Two conflicts with the terms of c
the Lease, the terms, and provisions of this Addendum Two shall control. Each reference M
in the Lease to itself shall be deemed also to refer to this Addendum Two.
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8. This Addendum Two may be executed in duplicate counterparts, each of which will be
deemed an original.Signed electronic,scanned, or facsimile copies of this Addendum Two 19
will legally bind the Parties to the same extent as originals.
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9. Each of the Parties represents and warrants that it has the right, power, legal capacity,
and authority to enter into and perform its respective obligations under this Addendum
Two. Landlord represents and warrants to Tenant that the consent or approval of a third
fn
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party has either been obtained or is not required with respect to the execution of this
Addendum Two. If Landlord is represented by any property manager, broker or any other
leasing agent ("Agent"), then (a) Landlord is solely is responsible for all commission, fees E
or other payment to Agent and (b) Landlord shall not impose any fees on Tenant to
compensate or reimburse Landlord for the use of Agent, including any such commissions, a
fees or other payments arising from negotiating or entering into this Addendum Two or
any future addendum.
2
TMO Site ID:SE04212A
Packet Pg. 26
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
10. This Addendum Two will be binding on and inure to the benefit of the Parties herein,their
heirs, executors, administrators, successors-in-interest, and assigns.
[SIGNATURES ON FOLLOWING PAGE]
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Packet Pg. 27
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
IN WITNESS, the Parties execute this Addendum Two as of the Effective Date.
LANDLORD: TENANT:
City of Kent, SPRINT SPECTRUM REALTLY COMPANY LLC,
a Washington municipal corporation a Delaware limited liability company
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Packet Pg. 28
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
Notary block for Landlord
STATE OF WASHINGTON )
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COUNTY OF KING )
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This instrument was acknowledged before me on by
[title] of City of Kent, °,
a Washington municipal corporation, on behalf of said corporation. Q
Dated: 3
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Notary Public
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TMO Site ID:SE04212A
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DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
Notary block for Tenant
STATE OF WASHINGTON )
Ss.
COUNTY OF KING )
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I certify that I know or have satisfactory evidence that_ is the person who appeared 0
before me, and said person acknowledged that he/she signed this instrument, on oath Q
stated that he/she was authorized to execute the instrument and acknowledged it as the
of Sprint Spectrum Realty Company, a Delaware limited liability company, to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: ('
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Notary Public
Print Name
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TMO Site ID:SE04212A
Packet Pg. 30
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
EXHIBIT A
LEASE AGREEMENT
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TMO Site ID:SE04212A
Packet Pg. 31
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") is entered into by and between the CITY OF
KENT, Washington municipal corporation("Landlord") and NEXTEL WEST CORPORATION, 24
a Delaware corporation, d/b/a Nextel Communications, with its principal office in Washington s
located at 10545 Willows Road NE, Suite 100, Redmond, Washington 98052 ("Tenant"). a
BACKGROUND 3
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A. Landlord is the owner in fee simple of a parcel of land located in the City of Kent,
King County, Washington, legally described on the attached Exhibit A. y
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B. Tenant is in the communications business and desires to lease a portion of the L
Landlord's property, legally described on the attached Exhibit B, together with a nonexclusive c
access easement, legally described on the attached Exhibit C. 0
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C. Accordingly, the parties are entering into this Lease on the terms and conditions
set forth below. 3
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AGREEMENT
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In consideration of their mutual covenants, the parties agree as follows:
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1. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the 0
0
real property legally described on the attached Exhibit B (the "Premises") together with a non- 2
exclusive easement for ingress, egress and utilities over the adjacent real property legally
described on the attached Exhibit C (the "Access Easement"). The Land and the Access Iq
Easement are collectively referred to as the"Premises".
This Lease is not a franchise nor is it a permit to use the City of Kent's rights-of-way. 3
Any such franchise or permit must be obtained separately from Landlord.
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2. Term and Option to Renew. This Lease shall commence on the earlier of: (a) nine
(9) months after the date of this Lease has been signed by both parties, or (b) the date Tenant
commences construction of its improvements at the Premises (the "Commencement Date"), and
end on the date that is one day before the five year anniversary of the Commencement Date. —J
Additionally, so long as Tenant is not in default of this Lease, Tenant shall have the option to
renew this Lease for two(2) additional five(5)year periods subject to the adjustment of Monthly
Rent as described in Section 3. Should Tenant exercise its option to renew this Lease, that
option must be exercised in writing and delivered to Landlord at least ninety (90) calendar days
before the end of the term. a
LEASE AGREEMENT AT WEST FENWICK PARK—Page 1 of 15
WA0738Reith Road
(Landlord. City of Kent Tenant: Nwel West Corporation) (March 6,2006)
Packet Pg. 32
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
3. Rent.
a. Tenant agrees to pay Landlord as Monthly Rent, without notice or
demand, the sum of ONE THOUSAND THREE HUNDRED AND NO/100 DOLLARS
($1,300.00), plus leasehold tax, if required by law, at a rate established by the State of N
Washington, currently 12.84%, commencing on the Commencement Date. Subsequently, the o
Monthly Rent shall be paid in advance, on or before the first day of the month during the term 5
hereof, Monthly Rent shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, a
Washington 98032, Attention: Facilities Superintendent.
3
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b. Tenant shall pay Landlord a late payment charge equal to five percent
(5%) of the Monthly Rent for any payment not paid within five (5) calendar days of when due.
Any amounts not paid when due shall bear interest until paid at the rate of two percent(2%) per
month. —J
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C. The Monthly Rent during years two (2) through five (5) of each five (5) c
year term shall be increased effective as of each anniversary of the Commencement Date by an
amount equal to the greater of four(4)percent or the percentage increase in the CPI over the CPI v
for the month 12 months prior to the adjustment date. "CPI" means the Consumer Price Index �
for All Urban Consumers, U.S. City Average, All Items, issued by the Bureau of Labor Statistics 3
for the United States Department of Labor(1982-84= 100). If the CPI is converted to a different m
standard reference base or otherwise revised, the adjustment set forth in this paragraph shall be N
made with the use of the conversion formula published by the Bureau of Labor Statistics.
d. The Monthly Rent during the first year of a renewal term will be adjusted
to Market Rent. As used herein, "Market Rent" means the rent paid for similar uses on similar o
properties in the greater Puget Sound area. If Landlord and Tenant cannot agree upon Market 2
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Rent within thirty (30) days after Tenant presents its proposal for Market Rent, then the matter
shall be settled by binding arbitration by a single arbitrator who has experience in Iq
telecommunications real estate leasing matters. Tenant shall present its proposal for Market Rent
when it exercises its option to renew the Lease. The arbitration will be administered by JAMS if 19
the parties have not otherwise agreed to use a different arbitrator or arbitration process. Each .2
party will submit to the arbitrator and each other at least ten (10) days in advance of the hearing
their best offers of Market Rent. The arbitrator shall award the Market Rent figure that is closest
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to the true Market Rent. The costs of the arbitration shall be borne by the Tenant. Each party
will bear the cost of its own attorney's fees.
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e. Monthly Rent, and all other consideration to be paid or provided by
Tenant to Landlord shall constitute Rent and shall be paid or provided without offset.
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4. Use of Premises. t
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a. Tenant shall use the Premises for the purpose of co-locating, maintaining, a
replacing, removing, operating, and upgrading a wireless communications antenna on a pole
currently existing on the Premises Tenant shall also use the Premises for the purpose of
LEASE AGREEMENT AT WEST FENWICK PARK-Page 2 of 15
WA0738 Reith Road
(Landlord. City ofKent Tenant. Nextel West Corporation) (March 6,2006)
Packet Pg. 33
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
constructing, maintaining, replacing, removing, operating, and upgrading related wireless
communication ground equipment, support structures, and cables. The antenna and related
facilities shall collectively be referred to as the "Antenna Facilities." The Premises shall be used
for no other purpose. Tenant acknowledges that it must also negotiate for use of the existing
pole with the owner of the pole.
b. Tenant shall, at its expense, comply with all present and future federal,
state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to N
health, radio frequency emissions, other radiation and safety) in connection with the use, 0
operation, maintenance, construction and/or installation of the Antennae Facilities and/or the ;
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Premises. ,
5. Tenant Improvements, Plans, Bonds.
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a. (1) Tenant may improve the Premises by constructing a wireless y
communications antenna, and constructing related wireless communications ground equipment, J
support structures and cables. Tenant is required, as part of this Lease, to complete all the items
listed in Exhibit D. Tenant is responsible to provide all labor, materials, and equipment c
necessary for the items listed in Exhibit D. Prior to commencing construction, Tenant shall
submit plans and specifications drawn to scale for all improvements to Landlord for Landlord's
written approval, such approval not to be unreasonably withheld. No improvement, construction,
installation or alteration shall be commenced until plans for such work have been approved by
the Landlord and all necessary permits have been properly issued. Landlord's Parks, Recreation
& Community Services Department shall give such approval or provide Tenant with its requests N
for changes within thirty (30) working days of Landlord's receipt of Tenant's work plans. The
plan and specifications review schedule described above does not apply to the City of Kent
acting as a governmental entity issuing permits and other approvals for the work Tenant is
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requesting to perform. 2
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(2) All improvements shall be constructed in a workmanlike manner
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without the attachment of any liens to the Premises and shall be completed in compliance withto
all permits, applicable laws, rules, ordinances, and regulations. If any lien is filed, such lien shall 19
be removed from the Property within twenty(20) days. 2
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b. (1) The Tenant shall remove the Antennae Facilities from the Premises r
upon termination of the Lease. Such removal shall be done in a workmanlike and careful
manner and without interference or damage to any other equipment, structures or operations on
the Premises, including use of the Premises by Landlord or any of Landlord's assignees or
lessees.
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(2) Upon removal of the improvements (or portions thereof] as E
provided above in subpart (1), Tenant shall restore the affected area of the Premises, normal
wear and tear excepted, to the reasonable satisfaction of the Landlord. a
LEASE AGREEMENT AT WEST FENWICK PARK—Page 3 of 15
WA0738Reith Road
(Landlord: City ofKent;Tenant: Nextel West Corporation) (March 6,2006)
Packet Pg. 34
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
(3) All costs and expenses for the removal and restoration to be
performed by Tenant pursuant to subparts (1) and (2) above shall be borne by Tenant, and
Tenant shall hold Landlord harmless from any portion thereof.
(4) If Tenant requests permission not to remove all or a portion of the
improvements upon termination of this Lease per section 5.b(1), and Landlord consents to such L
non-removal, title to the affected improvements shall thereupon be transferred to Landlord and r
the same thereafter shall be the sole and entire property of Landlord, and Tenant shall be relieved a
of its duty to otherwise remove same. All other alterations, improvements and structures located '
or constructed on the Premises (except for movable equipment and trade fixtures), shall become
the property of Landlord upon termination of the Lease, except that Landlord may, by written
notice to Tenant, require Tenant to remove all such improvements upon termination of the Lease. W
Any personal property, equipment, or other improvements which are not removed upon
termination of this Lease shall become the property of Landlord, at Landlord's option.
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C. Tenant shall annually post a bond (or, at Tenant's option, a letter of credit) 0
from a surety or bank reasonably acceptable to Landlord, in the amount of Fifteen Thousand —
Dollars($15,000.000). Landlord may use these funds at the termination of the Lease for removal
of all improvements and repair of the Premises should Tenant not comply wit the requirements
of this section.
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6. Use by Other Providers.
a. Tenant shall also design and construct all ancillary support facilities,
including any support buildings, so that 1 (one) Other Provider will have an adequate amount of c
space to house their own support equipment. 2
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b. Tenant shall cooperate with each new Other Provider that Landlord leases
to in connection with their locating and placing their antennas and other facilities on the
Premises and in the ancillary support facilities.
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C. Each new Other Provider shall be solely responsible for the cost of
locating and placing their equipment on the Premises. The Other Provider shall also be U)
responsible for any liabilities that arise from the Other Provider's use of the Premises.
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7. Net Lease. Landlord shall not be required to make any expenditures of any kind
in connection with this Lease or to make any repairs or improvements to the Premises. The J
parties agree that this is a net Lease intended to assure Landlord the rent reserved on an absolute
net basis. In addition to the Monthly Rent reserved above, Tenant shall pay to the parties entitled E
thereto all taxes, assessments, insurance premiums, maintenance charges, and any other direct r
charges, costs and expenses against the Premises which may be contemplated under any a
provisions of this Lease.
LEASE AGREEMENT AT WEST FENWICK PARK—Page 4 of 15
WA0738 Reith Road
(Landlord. City of Kent;Tenant: Nextel West Corporation) (March 6,2006)
Packet Pg. 35
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
8. Maintenance.
a. Tenant shall, at its own expense, maintain the Premises and all
improvements, equipment and other personal property on the Premises in good working order,
condition and repair. Tenant shall keep the Premises free of debris and anything of a dangerous,
noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or L
interference. Tenant shall install, maintain, and replace, when necessary, all landscaping on the r
Premises required by City of Kent permits. a
b. In the event the Landlord or any other Tenant undertakes painting,
construction or other alterations on the Landlord's property described in Exhibit A, Tenant shall
take reasonable measures, at Tenant's cost, to cover Tenant's equipment, personal property or W
Antennae Facilities and protect them from paint and debris fallout which may occur during the
painting, construction or alteration process. This requirement shall not be interpreted as a waiver
of any claim Tenant may raise either against Landlord or any third party due to the Landlord or 3
the third parties' negligence, so long as Tenant has taken reasonable measures to protect Tenant's 0
equipment, property, and facilities as required above.
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9. Access. Landlord and its agents shall have the right to enter the Premises at 3
reasonable times to examine and inspect the Premises. Tenant, Tenant's employees, agents and
contractors shall have access to the Premises without notice to Landlord twenty-four(24) hours a U_
day, seven (7) days a week, at no charge.
10. Utilities. Tenant shall, at its expense, separately meter charges for the
consumption of electricity and other utilities associated with its use of the Premises and shall o
timely pay all costs associated therewith. 2
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11. License Fees. Tenant shall pay, as they become due and payable, all fees,
charges, taxes and expenses required for licenses and/or permits required for or occasioned by
Tenant's use of the Premises.
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12. A.�provals; Compliance with Laws. Tenant's use of the Premises is contingent U_
upon its obtaining all certificates, permits, zoning, and other approvals that may be required by U)
any federal, state or local authority. Tenant shall erect, maintain and operate its Antennae
Facilities in accordance with site standards, statutes, ordinances, rules and regulations now in
effect or that may be issued thereafter by the Federal Communications Commission or any other J
governing bodies.
13. Interference.
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a. Tenant's installation, operation, and maintenance of its transmission a
facilities shall not damage or interfere in any way with Landlord's activities on the Premises.
Tenant agrees to correct, within thirty (30) calendar days, all such actions which materially
interfere with Landlord's use of the Premises. Tenant agrees to promptly commence good faith
efforts to cure interference upon actual notice of such interference. If the interference cannot be
LEASE AGREEMENT AT WEST FENWICK PARK-Page 5 of 15
WA0738 Reith Road
(Landlord. City of Kent Tenant: Nextel West Corporation) (March 6,2006)
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DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
corrected without Tenant's wireless signal coverage goals from the Premises being materially
impacted, Tenant shall have the right to terminate the Lease.
b. Before approving the placement of Antennae Facilities, Landlord may
obtain, at Tenant's expense, an interference study indicating whether Tenant's intended use will
interfere with any existing communications facilities on the Premises. N
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C. In the event an Other Provider requests a lease to place any type of
antennae or transmission facility on the Premises, Landlord shall submit a proposal complete a
with all technical specifications reasonably requested by Tenant to Tenant for review for
noninterference; however, Landlord shall not be required to provide Tenant with any
specifications or information claimed to be of a proprietary nature by the third party. The Other
Provider shall be responsible for the reasonable cost of preparing the technical specifications for
its proposed transmission facility. Tenant shall have fifteen (15) calendar days following receipt
of said proposal to make any objections thereto, and failure to make any objection within said —J
fifteen (15) calendar day period shall be deemed consent by Tenant to the installation of 3
Antennae or transmission facilities pursuant to said proposal. If Tenant gives notice of objection 0
due to interference during such fifteen (15) calendar day period and Tenant's objections are —
verified by Landlord to be valid, then Landlord shall not proceed with such proposal unless the
Other Provider modifies the proposal in a manner determined, in Landlord's reasonable
judgment, to adequately eliminate reasonable interference concerns asserted by Tenant. In that
case, Landlord may proceed with the proposal. In the event the Other Provider actually U-
interferes with the operations of Tenant, Landlord shall make good faith efforts to have the Other
Provider cease operation until the interference can be eliminated. A governmental unit may be
allowed to place Antennae or other communications facilities on the Premises as long as there is
no interference with Tenant's use.
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14. Default. It shall be a default if: Fi
a. Tenant defaults in the payment of Monthly Rent or any other sums ,
payable to Landlord when due, and does not cure such default within fifteen (15) calendar days Y
after written notice from Landlord. 3
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b. Tenant abandons or vacates the Premises for a period longer than thirty U-
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(30) days. U)
C. Tenant fails, at any time during this Lease (including optional renewal
periods), to conform or comply with any local land use, regulatory, or building permit
conditions issued by the City in connection with the construction, operation, or maintenance of
Tenant's facilities contemplated in this Lease.
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d. Tenant is adjudicated as bankrupt or makes any assignment for the benefit r
of creditors. a
e. Tenant becomes insolvent; or
LEASE AGREEMENT AT WEST FENWICK PARK—Page 6 of 15
WA0738Reith Road
(Landlord. City ofKent,Tenant. Nextel West Corporation) (March 6,2006)
Packet Pg. 37
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
f. Either party defaults in the performance of any other covenant or
condition of this Lease and does not cure such other default within thirty (30) calendar days after
written notice from the non-defaulting party specifying the default at issue.
15. Cure by Landlord. In the event of any default of this Lease by Tenant, the
Landlord may at any time, after notice, cure the default for the account of and at the expense of
the Tenant. If Landlord is compelled to pay or elects to pay any sum of money or to do any act N
•L
which will require the payment of any sum of money or is compelled to incur any expense, 0
including reasonable attorney fees in instituting, prosecuting or defending any action to enforce a
the Landlord's rights under this Lease, the sums so paid by Landlord, with all interest, costs and ,
damages shall be deemed to be Additional Rent and shall be due from the Tenant to Landlord on 3
the first day of the month following the incurring of the respective expenses. If Tenant disputes =
the appropriateness of the Additional Rent in good faith, Tenant will pay such Additional Rent
"under protest". Any payment under protest by Tenant shall not be considered an admission of y
liability or a waiver of Tenant's rights under this Agreement, and such payment shall be subject
to refund if Tenant's position is upheld by a court. L
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16. Optional Termination. Except for instances of default as set forth in Section 14, 0
this Lease may be terminated (a) by Tenant if it is unable to obtain or maintain any license,
permit, or other governmental approval necessary for the construction and/or operation of the
Antennae Facilities or Tenant's business; (b) by Landlord if the Landlord decides, in its sole 3
discretion for any reason, to discontinue use of the Premises for city or public purposes; (c) by
Landlord if it determines through verifiable scientific evidence that continued use of the U_
Premises by Tenant is in fact a threat to health, safety or welfare; (d)by Landlord if Tenant's use a
of the Premises violates applicable laws or ordinances; or (e) by Landlord if Tenant loses its
license to provide PCS/cellular service for any reason, including, but not limited to, non-renewal, ai
expiration, or cancellation of its license.
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17. Damages and Attorney's Fees. In the event of an instance of Tenant's default as
identified in Section 14 or Tenant's optional termination in Section 16, Landlord shall be entitled
to the amount of unpaid rent accrued_through the date of termination; and liquidated damages in
the amount of six (6) months rent. If it becomes necessary for the Landlord to use an attorney 19
and/or bring suit for damages or possession, or if Tenant shall bring any action for any relief 3
against Landlord, declaratory or otherwise, arising out of this Agreement, the prevailing party
shall have and recover against the other parry in addition to the cost allowed by law, such sum as r
the court may adjudge to be reasonable attorney's fees.
18. Termination: Notice. Any notice of termination pursuant to Section 16 shall be
given to the other party in writing at least thirty (30) calendar days prior to the termination date
by certified mail, return receipt requested, and shall be effective no sooner than thirty (30)
calendar days from the date of receipt of that notice.
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19. Damage or Destruction. If Tenant's improvements or any portion thereof are
destroyed or damaged so as to materially hinder effective use of the Premises through no fault or a
negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) calendar days'
written notice to Landlord. In such event, Tenant shall promptly remove all improvement from
LEASE AGREEMENT AT WEST FENWICK PARK—Page 7 of 15
WA0738Reith Road
(Landlord: City of Kent;Tenant., Nextel West Corporation) (March 6,2006)
Packet Pg. 38
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
the Premises as set forth in Section 5(b) above. This Lease (and Tenant's obligation to pay rent)
shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence, at
which termination Tenant shall be entitled to the reimbursement of any Monthly Rent prepaid by
Tenant. Landlord shall have no obligation to repair any damage to any portion of the Premises.
20. Condemnation. In the event the Premises are taken by eminent domain, this
Lease shall terminate as of the date title to the Premises vests in the condemning authority. In
the event a portion of the Premises is taken by eminent domain, either party shall have the right N
to terminate this Lease as of said date of title transfer, by giving thirty (30) days written notice to 0
the other party. In the event of any taking under the power of eminent domain, Tenant shall not
be entitled to any portion of the reward paid for the taking and the Landlord shall receive full a
amount of such award. Tenant shall hereby expressly waive any right or claim to any portion of 3
all damage awards, whether awarded as compensation for diminution in value of the leasehold or =
the fee of the Premises. Tenant shall have the right to claim and recover from the condemning
authority, but not from Landlord, such compensation as may be separately awarded or y
recoverable by Tenant on account of any and all damage to Tenant's business and any costs or J
expenses incurred by Tenant in moving/removing its equipment, personal property, Antennae
Facilities, and leasehold improvements. c
21. Indemnity.
a. Disclaimer of Liability: Landlord shall not at any time be liable for injury
or damage occurring to any person or property from any cause whatsoever arising out of Tenant's 0
negligent construction, maintenance, repair, use, operation, condition or dismantling of the N
Premises, Tenant's Antennae Facilities, and any other improvements made by Tenant.
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b. Indemnification: Tenant shall, at its sole cost and expense, indemnify and
hold harmless Landlord and all associated, affiliated, allied and subsidiary entities of Landlord, 2
now existing or hereinafter created, and their respective officers, boards, commissions, Fi
employees, agents, attorneys, and contractors (hereinafter referred to as "Indemnitees"), from
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and against:
(1) Any and all liability, obligation, damages, penalties, claims, liens, 3
costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses
of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be y
asserted against the Indemnitees by reason of any intentional or negligent act or omission of
Tenant, its personnel, employees, agents, contractors or subcontractors, resulting in personal
injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction
of tangible or intangible property, libel, slander, invasion of privacy and unauthorized use of any -J
trademark, trade name, copyright, patent, service mark or any other right of any person, firm or
corporation, which may arise out of or be in any way connected with the construction, E
installation, operation, maintenance, use or condition of Tenant's Antennae Facilities, Tenant's
use of the Premises, Tenant's other improvements, or Tenant's failure to comply with any a
federal, state or local statute, ordinance or regulation.
LEASE AGREEMENT AT WEST FENWICK PARK—Page 8 of 15
WA0738 Reith Road
(Landlord. City of Kent;Tenant: Nextel West Corporation) (March 6,2006)
Packet Pg. 39
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
(2) Any and all liabilities, obligations, damages, penalties, claims,
liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and
expenses of attorneys, expert witnesses and other consultants), which are imposed upon, incurred
by or asserted against the Indemnitees by reason of any claim or lien arising out of work, labor,
materials or supplies provided by or supplied to Tenant, its contractors or subcontractors, for the
installation, construction, operation, maintenance or use of the Premises, Tenant's Antennae
Facilities, Tenant's other improvements. Tenant shall cause such claim or lien covering N
Landlord's property to be discharged or bonded within twenty (20) days following Tenant's o
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notice of the same. 5
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(3) Notwithstanding the foregoing, Tenant shall not indemnity, defend
or hold harmless Landlord for any liabilities, obligations, damages, penalties, claims, liens, costs,
charges, losses or expenses (including, without limitation, reasonable fees and expenses of
attorneys, expert witnesses and other consultants), arising out of the Indemnitee's negligence or
willful misconduct.
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C. Assumption of Risk: Tenant undertakes and assumes for its officers, 3
agents, affiliates, contractors and subcontractors and employees all risk of dangerous conditions, 0
if any, on or about the Premises. Tenant's assumption of risk shall not apply to any latent defects
or other dangerous situation, if Landlord knows or should know that defect or situation to exist
but has not disclosed that information to Tenant.
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d. Defense of Indemnitees: In the event any action or proceeding shall be U_
brought against the Indemnitees by reason of any matter for which the Indemnitees are
indemnified hereunder, Tenant shall, upon notice from any of the Indemnitees, at Tenant's sole ,
cost and expense, resist and defend the same; provided however, that Tenant shall not admit
liability in any such matter on behalf of the Indemnitees without the written consent of Landlord c
and provided further that Indemnitees shall not admit liability for, nor enter into any compromise 2
or settlement of, any claim for which they are indemnified hereunder, without the prior written
consent of Tenant. Iq
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e. Notice, Cooperation and Expenses: Landlord shall give Tenant prompt
notice of the making of any claim or the commencement of any action, suit or other proceeding
covered by the provisions of this Section 21. Nothing herein shall be deemed to prevent �i
Landlord from cooperating with Tenant and participating in the defense of any litigation by U)
Landlord's attorney so long as the participation is coordinated with Tenant's attorney. Tenant
shall pay all expenses incurred by Landlord in response to any such actions, suits or proceedings. y
These expenses shall include all out-of-pocket expenses such as the reasonable value of any
services rendered by the Landlord's attorney; the actual expenses of Landlord's agents, J
employees, or expert witnesses; and disbursements and liabilities assumed by Landlord in
connection with such suits, actions or proceedings. Provided, however, these expenses shall not E
include attorneys' fees for services that are unnecessarily duplicative of services provided
Landlord by Tenant. a
LEASE AGREEMENT AT WEST FENWICK PARK—Page 9 of 15
WA0738 Reith Road
(Landlord: City offent;Tenant: Nwel West Corporation) (March 6,2006)
Packet Pg. 40
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
22. Insurance.
a. Tyne and Amount: During the term of the Lease, Tenant shall maintain,
or cause to be maintained, in full force and effect and at its sole cost and expense, the following
types and limits of insurance:
(1) Worker's Compensation insurance meeting applicable statutory
requirements and employer's liability insurance with minimum limits of One Hundred Thousand N
Dollars ($100,000) for each accident, o
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(2) Comprehensive Commercial General Liability insurance written on a
an occurrence basis with limits no less than One Million Dollars ($1,000,000) combined single 3
limit per occurrence and in the aggregate for bodily injury, personal injury and property damage. _
The policy shall provide blanket contractual liability insurance for all written contracts, and shall
include coverage for products and completed operations liability, independent contractor's
liability; coverage for property damage from perils of explosion, collapse or damage to
underground utilities, commonly known as XCU coverage.
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(3) Automobile Liability insurance covering all owned, hired, and
non-owned vehicles in use by Tenant, its employees and agents, with personal protection
insurance and property protection insurance to comply with the provisions of state law with
minimum limits of One Million Dollars ($1,000,000.00) as the combined single limit for each
occurrence for bodily injury and property damage. U_
(4) Excess Liability insurance with limits not less than Four Million 3:
Dollars ($4,000,000.00) per occurrence and in the aggregate.
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(5) At the start of and during the period of any construction, builders 2
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all-risk insurance, together with an installation floater or equivalent property coverage covering
cables, materials, machinery and supplies of any nature whatsoever which are to be used in or Iq
to
incidental to the installation of the Antennae Facilities. Upon completion of the installation of
the Antennae Facilities, Tenant shall substitute for the foregoing insurance policies of fire, 19
extended coverage and vandalism and malicious mischief insurance on the Antennae Facilities. 3
The amount of insurance at all times shall be representative of the insurable values installed or
constructed. U)
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(6) All policies other than those for Worker's Compensation shall be
written on an occurrence and not on a claim made basis.
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(7) The coverage amounts set forth above may be met by a
combination of underlying and umbrella policies so long as in combination the limits equal or E
exceed those stated.
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LEASE AGREEMENT AT WEST FENWICK PARK—Page 10 of 15
WA0738 Reith Road
(Landlord: City ofKenh Tenant: Nextel West Corporation) (March 6,2006)
Packet Pg. 41
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
b. Additional Insureds: All policies, except for business interruption and
worker's compensation policies, shall list Landlord and its officials, officers, employees, agents
and assigns, as their respective interests may appear, as additional insureds (herein referred to as
the "Additional Insureds"). Each policy, which is to be endorsed to list Additional Insureds
hereunder, shall contain cross-liability wording, as follows:
In the event of a claim being made hereunder by one insured for N
which another insured is or may be liable, then this policy shall s
cover such insured against whom a claim is or may be made in the ;
same manner as if separate policies had been issued to each a
insured hereunder.
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C. Evidence of Insurance: Certificates of insurance or self insurance for each
insurance policy required to be obtained by Tenant in compliance with this Section, together y
with a copy of the endorsement listing the Landlord as additional insured shall be provided to J
Landlord prior to the Commencement Date. Tenant shall also provide Landlord written evidence
of payment of required premiums annually during the term of the Lease. Tenant shall c
immediately advise Landlord of any claim or litigation that may result in liability to Landlord.
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d. Cancellation of Policies of Insurance: All insurance policies maintained
pursuant to this Lease shall contain the following endorsement:
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At least sixty (60) days prior written notice shall be given to N
Landlord by the insurer of any intention (a) not to renew, (b) to
cancel or (c) to materially alter this insurance policy. Such notice
shall be given by registered mail to the Landlord. c
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e. Insurance Companies: All insurance shall be effected under valid and Fi
enforceable policies, insured by insurers licensed to do business by the State of Washington orIq
to
surplus line carriers on the State of Washington Insurance Commissioner's approved list of
companies qualified to do business in the State of Washington. All insurance carriers and 19
surplus line carriers shall be rated B+(XIII) or better by A.M. Best Company. 3
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f. Deductibles: Any payment of deductible or self-insured retention shall be U_
the sole responsibility of the Tenant.
g. Contractors: Tenant shall require that each and every one of its
contractors and their subcontractors who perform work on the Premises carry, in full force and J
effect, workers' compensation, comprehensive public liability and automobile liability insurance
coverage of the type which Tenant is required to obtain under the terms of this paragraph with E
appropriate limits of insurance.
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h. Review of Limits: Once during each calendar year during the term of this
Lease, Landlord may review the insurance coverage to be carried by Tenant. If Landlord
reasonably determines that higher limits of coverage are necessary to protect the interests of
LEASE AGREEMENT AT WEST FENWICK PARK—Page 11 of 15
WA0738 Reith Road
(Landlord: City of Kent, Tenant: Nextel West Corporation) (March 6,2006)
Packet Pg. 42
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
Landlord or the Additional Insureds, Tenant shall be so notified and shall obtain the additional
limits of insurance, at its sole cost and expense.
23. Hazardous Substance Indemnification. Tenant represents and warrants that its use
of the Premises herein will not generate any hazardous substance, and it will not negligently or
intentionally store or dispose on the Premises nor transport to or over the Premises any
hazardous substance in violation of any federal or state law. Tenant further agrees to hold
Landlord harmless from and indemnify Landlord against any release of any such hazardous
substance and any damage, loss, or expense or liability resulting from such release including all N
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attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the s
negligence of Landlord, its employees or agents. Similarly, Landlord warrants that the Premises a
are free of any hazardous substances and agrees to indemnify and hold Tenant harmless from the
Landlord's negligent or intentional introduction of any hazardous substance by Landlord. 3
"Hazardous substance" shall be interpreted broadly to mean any substance or material defined or =
designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or W
radioactive substance, or other similar term by any federal, state or local environmental law,
regulation or rule presently in effect or promulgated in the future, as such laws, regulations or
rules may be amended from time to time; and it shall be interpreted to include, but not be limited
to, any substance which after release into the environment will or may reasonably be anticipated c
to cause sickness, death or disease.
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24. Holding Over. Any holding over after the expiration of the term hereof, with the
consent of the Landlord, shall be construed to be a tenancy from month to month and Monthly
Rent shall be paid by Tenant at two times the rents herein specified and shall otherwise be on the U-
terms and conditions herein specified, so far as applicable.
25. Subordination to Mortgage. Any mortgage now or subsequently placed upon any
property of which the Premises are a part shall be deemed to be prior in time and senior to the c
rights of the Tenant under this Lease. Tenant subordinate all of its interest in the leasehold estate 2
created by this Lease to the lien of any such mortgage. Tenant shall, at Landlord's request, Fi
execute any additional documents necessary to indicate this subordination within ten (10) days ofIq
written request by Landlord.
26. Acceptance of Premises. With the exception of latent defects and any hazardous 3
substance contamination existing prior to the Commencement Date, by taking possession of the
Premises, Tenant accepts the Premises in the condition existing as of the Commencement Date. y
Landlord makes no representation or warranty with respect to the condition of the Premises.
27. Estoppel Certificate. Tenant shall, at any time and from time to time upon not
less than thirty (30) days prior request by Landlord, deliver to Landlord a statement in writing J
certifying that (a) the Lease is unmodified and in full force(or if there have been modifications,
that the Lease is in full force as modified and identify the modifications); (b) the dates to which E
rent and other charges have been paid; (c) so far as the person making the certificate knows, N
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Landlord is not in default under any provisions of the Lease; and (d) such other matters as a
Landlord may reasonably request.
LEASE AGREEMENT AT WEST FENWICK PARK—Page 12 of 15
WA0738Reith Road
(Landlord. City of Kent;Tenant. Nextel West Corporation) (March 6,2006)
Packet Pg. 43
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
28. Notices. All notices, requests, demands, and other communications hereunder
shall be in writing and shall be deemed given if personally delivered or mailed, certified mail,
return receipt requested;to the following addresses:
If to Landlord,to: Facilities Manager
City of Kent
220 Fourth Avenue South N
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Kent, WA 98032 s
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With a copy to: City Clerk a
City of Kent
220 Fourth Avenue South 3
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Kent, WA 98032
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If to Tenant,to: Nextel West Corporation L
1255 Treat Blvd., Suite 800 3
Walnut Creek, CA 94597-7982 0
Attn: Property Services a,
(925) 279-2300
With a copy to: Nextel Communications, Inc.
2001 Edmund Halley Drive U-
Reston, VA 20191-3436
Attn: Regional Legal Services, Contracts Manager
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29. Assignment and Subletting. 2
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a. Tenant shall not sublet all or any part of the Premises. Tenant shall not
assign its interest in this Lease without Landlord's prior written consent. Consent by Landlord to
any assignment shall not constitute a waiver of the necessity of such consent to any subsequent
assignment. This prohibition against any assignment or subletting shall be construed to include a 3
prohibition against any subletting or assignment by operation of law. If this Lease is assigned,
Landlord may collect rent from the assignee, and apply the net amount collected to the rent and
other obligations of Tenant hereunder reserved. Consent by Landlord to an assignment shall not 0
be deemed a waiver or release of Tenant from the further performance by Tenant of the
covenants on the part of Tenant hereunder contained.
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b. If Tenant is a corporation, partnership, or limited liability company, and if
the control thereof changes at any time during the term of this Lease, then Landlord at its option E
may, by giving ten (10) days prior written notice to Tenant, declare such change a breach of this 0
section unless Landlord has previously approved in writing the new controlling party.
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LEASE AGREEMENT AT WEST FENWICK PARK—Page 13 of 15
WA0738 Reith Road
(Landlord. City of Kent Tenant. Nextel West Corporation) (March 6,2006)
Packet Pg. 44
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
C. Any person or entity to which this Lease is assigned pursuant to the
provisions of the Bankruptcy Code, 11 USC §101, et seq., shall be deemed without further act to
have assumed all of the obligations of Tenant arising under this Lease on and after the date of
such assignment. Any such assignee shall upon demand execute and deliver to Landlord an
instrument confirming such assumption. Any monies or other considerations payable or
otherwise to be delivered in connection with such assignment shall be paid to Landlord, shall be
the exclusive property of Landlord, and shall not constitute property of the Tenant or of the N
estate of Tenant within the meaning of the Bankruptcy Code. Any monies or other o
considerations constituting Landlord' s property under the preceding sentence not paid or 5
delivered to Landlord shall be held in trust for the benefit of Landlord and be promptly paid to a
Landlord. 3
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d. Notwithstanding anything to the contrary in this Lease, Tenant shall have
the right to assign this Lease to any of Tenant's partners or affiliates. y
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30. Other Leases. Nothing in this Lease shall preclude Landlord from leasing other L
space for communications equipment to any person or entity who may be in competition with c
Tenant, or any other party. 0
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31. Successors and Assigns. This Lease shall be binding upon and inure to the
benefit of the parties, their respective successors, personal representatives and assigns. 3
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32. Non-Waiver. Failure of Landlord to insist on strict performance of any of the N
conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder
shall not waive such rights, but Landlord shall have the rights to enforce such rights at any time
and take such action as might be lawful or authorized hereunder, either in law or equity. The
receipt of any sum paid by.Tenant to Landlord after a breach of this Lease shall not be deemed a 0
waiver of such breach unless expressly set forth in writing. Fi
33. Taxes. M
a. Tenant shall pay all real and personal property taxes (or payments in lieu 2
of taxes) and assessments for the Premises that are directly the result of Tenant's communication r_
equipment, if any, which become due and payable during the term of this Lease. All such U_
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payments shall be made, and evidence of all such payments shall be provided to Landlord, at 0
least ten(10) days prior to the delinquency date of the payment. Tenant shall pay all taxes on its
personal property on the Premises.
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b. Tenant shall indemnify Landlord from any and all liability, obligation,
damages, penalties, claims, liens, costs, charges, losses and expenses (including, without
limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which
may be imposed upon, incurred by or be asserted against Tenant in relation to the taxes owed or a
assessed on Tenant's Property on the Premises.
LEASE AGREEMENT AT WEST FENWICK PARK—Page 14 of 15
WA0738 Reith Road
(Landlord: City of Kent;Tenant: NWel West Corporation) (March 6,2006)
Packet Pg. 45
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
C. If the methods of taxation in effect at the Commencement Date of the
Lease are altered so that in lieu of or as a substitute for any portion of the property taxes and
special assessments now imposed on property there is imposed a tax upon or against the rentals
payable by Tenant to Landlord, Tenant shall pay those amounts in the same manner as provided
for the payment of real and personal property taxes.
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34. Miscellaneous. 0
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a. Landlord and Tenant represent that each, respectively, has full right, a
power, and authority to execute this Lease. 3
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b. This Lease constitutes the entire agreement and understanding of the W
parties and supersedes all offers, negotiations, and other agreements of any kind. There are no
representations or understandings of any kind not set forth herein. Any modification of or J
amendment to this Lease must be in writing and executed by both parties.
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C. This Lease shall be construed in accordance with the laws of the State of
Washington. Venue and jurisdiction of any lawsuit arising out of the performance or obligations
of this lease shall be in the King County Superior Court, Kent Regional Justice Center, Kent,
Washington.
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d. If any term of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Lease, which shall continue in full force and effect.
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THIS LEASE IS EXECUTED and shall become effective on the last date indicated
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below. 2
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LANDLORD: TENANT: o
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CITY9;6ne:-bmWh4e-
NT NEXTEL WEST CORPORATION
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By- By:
Print Print Name: X&EyMurdoch �i1i ^ y
Its: Mayor f✓D �t Its: r i 0"
DATE: DATE:
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APPROVED AS TO FORM: ATTEST: E
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Law ep rtment BRENDA JACOBER, CITY CLERK
P:\Civi1\FILES\OpenFdes\0863W extelLease-WestFenwickPark030606Final.doe
LEASE AGREEMENT AT WEST FENWICK PARK—Page 15 of 15
WA0738 Reith Road
(Landlord: City of Kent, Tenant: Nextel West Corporation) (March 6,2006)
Packet Pg. 46
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
EXHIBIT A
LEGAL DESCRIPTION OF LANDLORD'S PROPERTY
`3he land r<nfvrred t1cl 1.1 S:t2`.,; z�t��a.�.€.r>r .r.:::#;: : a:> v4t.4ate' in. th!e stat-e: oµ
warh.I.ngt-.an, an'. reperibed ac fis3,I.Qw i N
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t"IG 3w. 1A <, J F �1E X% . Cic ft�;�t � a.tt � wC� n�3« '� 0x O
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aralft4m ion 2.•f y Tok7 *Y35.3'ip 22 ti'mrtil. :i7.2 ne.j'e 4 W.-K. , -c Wing w"•4,stl:P2t , �
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VET-3ER Sk"<.TVi. %:That. uort...j. m.. ofI..l;.e wfmt hzxlfr r•'"� .� �" �i6Y" C
of ftt'Z<'rth If"&:f cpJltJl X.`t r`.iC of i$i::.:l.d ht°f::��::1.1:7� ty i� ,:.�:E:!'st,�. eaky a.. of b.:w
"r'3'$U?'1'"I,',v '.T3M"'+�.$??. C,.if ,88' Avl�i'�:c�at South. an— Aorth of the rJ.4`JwwR' erlymars-in, ol, P4&ith Road;
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'�•i LRB*ram iwrni rrazt- A of AAn(.al ''rArk W.Y'X..f#loa xt:.xf wir ;:, a;:�a:irJ.rt<4 o
to the plat .h<srer,,,f ihr)'l.0 mot. 106 q t Flats, pil9tw, 23 ;'Sind. �
%�k`. :;.#' �(j.#'3� �`.4.3a3'.•":3i:��. tX:fiE:��"i.�4=�t1��J.�.
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Situated in the County of King, State of Washington. 3
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LEASE AGREEMENT-EXHIBIT A
(Landlord: City of Kent, Tenant:Neztel West Corporation)
Packet Pg. 47
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
EXHIBIT B
THAT PORTION OF TIIE EAST HALF 0^ THE NORTHEAST QUARTER, OF
THE NORTHWEST.` QUARTER OF SR7CTI:ON 27, 'TOWNSHIP 22 NORTH"
R,oWCE 4 EAST, W.M� KING' COMITY, WAS:HING'_R)N; N
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LYINC 'SOUTHERLY OF THE REI TH ROAX) T 88CR I BL'I) AS FOLLOWS:. r
7
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COMMM4CING AT A FOUND 20 BRASS DISK WITH PUNCH IN 0ME, DOWN '
0.3 FEET AT THE IN, ERSECTIt.)N OF 42ND AVENUE WITH R2.E:TIM 3
,ROAD; THENCE ALONG A. LINE BETWEEN SAID FOVISM 2" BRASS' My SK _
AND A. FOUND 1/8- BRASS PIN I:�T CONCRETE IN Ck8g, DOWN 0.7 �
FERT AT `i'i`tE TN T:'ER'SECTION OF 42ND AVENUE SOUTH WITH SOUTR v7
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25I.ST STREET, UTICH LIES SOUTH 04-14'54" EAST A. DISTANCE OF
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470.54 FEET FRO14 SAID FU;,INT: 2* BRASS DISK, `I'ur—&CE S0unt
04'014'S4:". EAST A. DISTANCE OF 45.33 FEET; TFMNCE NORTH o
73yy*09'3rya"' WEST, ,t� lDISTANCE
�yISTf A�;�,,TSCEa t/"'.F±r' �53 . 94 FE„rT ; 'w`��';NCEw SOME?. �
7 4<':1.16" 112 H WEST, A DI S 3�iC'°NCE C:l� 61. 93 �'���w�,~M.,yiT �.Yi.'I2.S'I CE ��,.'rS.,.U 1 (�
15*03'48" EAST, A DISTANCE OF 22 .5D FEET; THENCE NORTH �
74056'12" EAST, A DISTANCE OF 5.00 FEET; TO A POI Mr ON THE c
WESTERLY ,11,11E OF A PROPOSED EQUIPMENT LEASE AREA., 8A.IP POINT Ui
HERETNAPTEH REFERRED TO AS POINT ,xA.. i THENCE SOUTH 4)
I5*03'4:8" EAST, A DISTANCE OF' 7 .5.0 .T7EET '.T(")? THE TRITE POINT -OF �
BEGINNING; ''.THEN"I'T±: NORTH 74056' T.2a EAST, A DISTANCE OF 20.00 a�
FEE`R. TO THE SOUTHEASTERLY CORNEA'. OF. THIS PROPOSED LEASE . . :5
AREA, SAID t.MIER HEREINAFTER REFERRED-/� .TO ASS FO.a.1117
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YMMICE NORTH 15003'48- WEIS ., A D.Li�.Y/A. A110E O 5.00 f.'6;ET- Fi
TFYI:NIC"E S0Trr.q 74056,.12— WEST, A D11STANCE OF 20.00 FRET; �
`T'HF CCE SOUTH 15003'48" EAST, A, OTST+'•1T'XE OF 15, 00 FEET TO THE M
TRUE POINT OF SEGII ING
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LEASE AGREEMENT-Exhibit`B"
(Landlord: City offent Tenant:Nextel West Corporation)
Packet Pg. 48
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
EXHIBIT C
ACCESS EASEMENT
TOGR'1111-7.18L WITH A TEN FOOT WIDE ACCESS LYINC3 5.00 0
ON EACH SIDE OF THE FOLLOWING DESCRIBED EASEMENT
CM m- RLINE:
REGINNINC AT THE HERE114 ABOVE DESCRIBED POINT 'A' I; THENZE
SOUl".-I ^74056'12" WEST, A DI$TANCH 5.00 FEET; THENCE NORTH
15*03'48 WEST, A DIST&NCE OF 22.50 FEET; THENCE NOR71-1
74*56' 12& HAST, A DISTA14UR OF 61-93 FEET THENCE SOUTH.
73*09'3q,m EAST, DISTANCE OF 23.0' MOR. ' OR LESS TO THE
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WE-$TERLY KkRGIN OF 42' AVE. S. AND THE. TERMINUS OF SAID
FASHMENT CEN-71-:31VI'LINE,
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=- ,CEPT ROADS.
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LEASE AGREEMENT-Exhibit"C"
(Landlord. City offent, Tenant.Nextel West Corporation)
Packet Pg. 49
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
EXHIBIT D
SCOPE OF WORK TO BE COMPLETED BY NEXTEL WEST CORPORATION
Installation of a wireless communications facility at West Fenwick Park. A lease area of N
20'x15' will be constructed west of the existing Puget Sound Energy pole in a secured o
and landscaped compound which will house the radio equipment necessary to operate the
facility. No construction shall begin until all construction drawings are approved by City Q
of Kent Parks Department. All construction shall be timed to avoid interference with the 3
City of Kent Parks Department's programming of the Property. A construction schedule =
shall be submtitted, by Nextel West Corporation, and approved, by City of Kent Parks
Department prior to construction. A preconstruction meeting shall occur prior to the start y
of construction. The General Contractor's attendance at this meeting is manditory. J
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LEASE AGREEMENT-Exhibit"Y'
(Landlord: City ofKent Tenant.Nextel West Corporation)
1
Packet Pg. 50
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
EXHIBIT B
ADDENDUM ONE
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TMO Site ID:SE04212A
Packet Pg. 51
DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
i
ADDENDUM ONE TO LEASE AGREEMENT BETWEEN
THE CITY OF KENT AND NEXTEL WEST CORP. N
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THIS LEASE ADDENDUM ONE ("Addendum One") is entered into on the date Q
fully executed below by and between THE CITY OF KENT ("Landlord") and NEXTEL '
WEST CORP., a Delaware corporation ("Tenant"), erroneously identified in the Lease 3
(as that term is defined below) as NEXTEL WEST CORPORATION, a Delaware
corporation, d/b/a Nextel Communications. This Addendum One amends that certain
Lease Agreement entered into between Landlord and Tenant on or about June 21, 2006 a�
(the "Lease") to lease a certain portion of Landlord's property legally described in
Exhibit B.
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WHEREAS, pursuant to Section 2 of the Lease the initial term commenced on
June 30, 2006, and expires on June 29, 2011. Section 2 provides for two (2) extension
- terms of five (5) years each exercisable by Tenant as set forth therein. Tenant and
Landlord desire to extend the term of the Lease for the first extension term which will �c
run from June 30, 2011, through June 29, 2016; 3
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NOW THEREFORE, the Landlord and Tenant hereby agree and covenant as w
follows:
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1. Lease Term. The term of the Lease extension shall be for a term of five
(5) years and shall commence on June 30, 2011 (the"Extension Term Commencement
Date") and shall end on June 29, 2016 (the "Termination Date").
2. Rent. Section 3.a. of the Lease shall be amended as follows: to
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3.a. Beginning on the Extension Term Commencement Date, Tenant
agrees to pay Landlord as Monthly Rent, without notice or demand, the sum of TWO
THOUSAND DOLLARS AND NO/100 ($2,000.00), plus, if required by law, leasehold tax j U_
at a "rate established by the State of Washington, currently 12.84%. Subsequently, the
Rent shall be paid in advance, on or before the first day of the month during the term
hereof. Rent shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, y
Washington 98032, Attention: Facilities Superintendent. Notwithstanding anything j
contained in the Lease to the contrary, the Monthly Rent for the period June 30, 2011 J
through January 31, 2012 shall be due and payable within fifteen (15) business days of c
full execution of this Addendum One.
3. Certification. Tenant hereby certifies to Landlord, to the best of Tenant's
actual knowledge, that the Lease is in full force and effect-and that there are no a
uncured defaults on the part of the Landlord under the Lease.
WA0738-A-REITH ROAD ADDENDUM ONE TO LEASE AGREEMENT - Page 1
(Between City of Kent and Nextel West Corp.
@ West Fenwick Park)
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DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
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4. Entire Agreement. Except as amended by this Addendum One, all
provisions of the Lease shall remain in full force and effect except as specifically
modified by this Addendum One,
5. Notices. Tenant's addresses for notice set forth in Section 28 of the Lease N
are hereby deleted in their entirety and replaced with the following:
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If to Tenant, to: Sprint Nextel Property Services
Mailstop: KSOPHT0101-Z2650 Q
6391 Sprint Parkway 3
Overland Park, KS 66251-2650 m
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With a mandatory copy to: Sprint Nextel Law Department
Mailstop: KSOPHT0101-Z2020
6391 Sprint Parkway
Overland Park, KS 66251-2020 3
Attn: Real Estate Attorney o
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6. General Terms and Conditions
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(a) All capitalized terms used in this Addendum One, unless otherwise defined
herein, will have the same meaning as the terms contained in the Lease. ! w
(b) In case of any inconsistencies between the terms and conditions contained
in the Lease and the terms and conditions contained in this Addendum One, the terms
and conditions herein will control.
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(c) This Addendum One may be executed in duplicate counterparts, each of ~
which will be deemed an original.
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(d) Each of the parties represents and warrants that it has the right, power, Y
legal capacity and authority to enter into and perform its respective obligations under
this Addendum One. 3
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IN WITNESS WHEREOF,the parties hereto have executed this Addendum One, n
which shall take effect on the last date signed below.
LANDLORD:
TENANT:
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CITY OF K T NEXTEL� WEST/CORP. r
BY 'By: E
Prin a Suzette Cooke Print Name: Deborah S Howard
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Its: a Its: Authori ed e resentative a
Date: / 7 a Date: 1 24 IZ
WA0738-A-REITH ROAD ADDENDUM ONE TO LEASE AGREEMENT- Page 2
(Between City of Kent and Nextel West Corp.
@ West Fen wick Park)
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DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
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STATE OF WASHINGTON )
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COUNTY OF KING )
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I hereby certify that on the G7 day of
, 2012r I know or
have satisfactory evidence that Suzette Cooke is the person who appeared before me, N
and said person acknowledged that she signed this instrument, on oath stated that she is o
authorized to execute the instrument on behalf of the CITY OF KENT as its Mayor, and 3
such execution to be the free and voluntary act of such party for the uses and purposes Q
mentioned in the foregoing instrument,
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EOF, I have hereunto set my hand and official seal the day
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WA0738-A-REITH ROAD ADDENDUM ONE TO LEASE AGREEMENT- Page 3
(Between City of Kent and Nextel West Corp, -
@ West Fen wick Park)
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DocuSign Envelope ID:AA977EAC-1072-498A-B8D9-8660544FA95F
8.E.a
STATE OF CALIFORNIA )
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- COUNTY OF ORANGE )
On January 24, 2012 before me, Kelly A. McDonough, Notary Public, personally N
appeared Deborah S. Howard who proved to me on the basis of satisfactory evidence to 0
be the person whose name is subscribed to the within instrument and acknowledged to
me that she executed the same in her authorized capacity, and that by her signature on Q
the instrument the person, or the entity upon behalf of which the person acted, executed _
the instrument. 3
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I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
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WITNESS my hand and official seal. C)
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NOTARY P BLIC, in and for Sta e of Cal' rnia U_
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WA0738- - -A REITH ROAD ADDENDUM ONE TO LEASE AGREEMENT Page 4
(Between City of Kent and Nextel West Corp.
@ West Fenwick Park)
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8.F
KENT
DATE: August 15, 2023
TO: Kent City Council
SUBJECT: Accept the South 228th Street Union Pacific Railroad Grade
Separation Bridge and Roadway Phase 5 Project as
Complete - Authorize
MOTION: I move to authorize the Mayor to accept the South 228th Street
Union Pacific Railroad Grade Separation Bridge and Roadway Phase 5
Project as complete and release retainage to Scarsella Bros., Inc. upon
receipt of standard releases from the State and the release of any liens.
SUMMARY: This project completed the South 228t" Street/Union Pacific Railroad
Grade Separation Project. Phase 5 was the final phase to complete the project and
included construction of the Bridge, final roadway, sidewalk and off-site
improvements from 72nd Avenue South to 76t" Avenue South. Also included with
this contract was construction of the 228t" Interurban Trail Connector from 68t"
Avenue South to the Interurban Trail.
The final contract total paid was $13,703,485.69 which is $98,660.71 under the
original contract amount of $13,802,146.40.
BUDGET IMPACT: This project was funded through a combination of Federal and
State grants, contributions from the Port of Seattle and Union Pacific Railroad,
reimbursement from private utilities for franchise relocations, City-owned utilities
and City street funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
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