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HomeMy WebLinkAboutCAG2024-334 - Original - Trinity Community Church - Parking Agreement - 7/28/1999 COOPERATIVE PARKING AGREEMENT This Cooperative Parking Agreement (hereinafter "Agreement") is made this date by and between the CITY OF]KENT, a Washington municipal corporation(the"City")with offices located at 220 - 4t" Avenue South,Kent, Washington 98032, and TRINITY COMMUNITY CHURCH, a Washington non-profit organization ("Trinity") with offices located at 3807 Reith Road, Kent, Washington 98032. 1. Purpose. The purpose of this Agreement is to reduce to writing the understanding reached by the parties to allow a portion of the parking lot to be constructed by Trinity on City-owned park property located adjacent to the existing Trinity parking lot,which will jointly serve the needs of both the City and Trinity. The development of parking by Trinity will consist of the addition of at least thirty (30) stalls to be partially located on City owned park property known as West Fenwick Park. 2. Property Description. The property where this development will be located is directly east of the existing Trinity parking lot and is shown on Exhibit A attached hereto and incorporated by this reference. 3. Duration. The Agreement shall continue for twenty-five (25) years from the date of this Agreement with one option to renew for a second twenty-five(25)year term. However, the City may, at its option,terminate this Agreement at any time upon one year's notice,but only in the event that Trinity determines to stop using the portion of the parking lot built on City property for parking purposes. 4. Responsible Agency. It is understood that Trinity will be responsible to supervise the planning, designing, engineering, permits and construction to completion of this project. 5. Parking Lot Construction. (a) Design. The parking lot area shall be designed to comply with the Kent City Code and all other applicable state and federal laws,rules, and regulations. The parking lot area shall be understood to be essentially consistent with the site plan, attached hereto as Exhibit A. (b) Costs. Trinity will be responsible for all costs which relate to the design, engineering (to include surveying), permits, construction (to include administrative and transactional expenses related to project change orders), and inspection necessary to complete construction of the parking lot area. (c) Estimated Cost. The current estimated cost of the parking lot area construction is approximately $30,000. Trinity will pay the actual amount for the work involved in constructing the parking lot area. Cooperative Parking Agreement-I (d) Review of Design Documents. The City will be invited by the design team at appropriate times to review the drawings for the parking lot area and will approve the final construction drawings and specifications prior to proceeding with the project. 6. Indemnity. Each party does hereby agree to indemnify and hold the other harmless against all claims arising out of that party's negligence. This duty to indemnify is understood to include the duty to pay all attorneys fees incurred by the party to be indemnified if it is required to defend itself against any such claim. 7. Maintenance. (a) Day-to-day Clean-up. Trinity shall be responsible for all ongoing clean-up and ordinary maintenance of the parking lot. (b) Sealing,Resurfacing,Striping,Repairing,Lighting. Trinity shall assume all these costs and shall perform all maintenance for these tasks within 120 days of the City's demand to do so. Such demand shall not be unreasonably made. 8. Designated Representatives. The parties to this Agreement may from time to time appoint or reappoint a representative to act for them in the management of this Agreement. However,pending such appointments, it is agreed that Trinity will be represented by either the Pastor or his/her designee. The City will be represented by either the Director of Parks and Recreation or his/her designee. It shall be the responsibility of these two representatives respectively to mutually work through all matters that need to be attended to and resolved, or by submitting any such disagreement that cannot be resolved to the venue, rules, and jurisdiction of the King County Superior Court at Kent, Washington. 9. Financing. Trinity will finance the construction costs of this project as well as the on-going maintenance and repair costs. 10. Parking Lot Usage. Trinity and the City shall have joint use of the parking lot at all times except Sundays and during the evening hours (Monday through Saturday after 6:30 p.m.). These Sunday and week-night hours will be reserved exclusively for Trinity's use. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date last set forth below. THE CITY OF KE T TRI OMMUNITIY CHURCH By: �� By: d� Jo tHoson, Dire4oarks &Recreation Print Name: L Dated: Title: �- Date: 2& Cooperative Parking Agreement-2 STATE OF WASHINGTON ) COUNTY OF K I N G ) I certify that I know or have satisfactory evidence that John Hodgson is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Director of Parks & Recreation of the City of Kent to be the free and voluntary act of such City for the uses and purposes mentioned in the inst ent. 9 DATED: j All ' 11 Niffigaton, PUBLIC in II�� o the State of Waesiding at 1L ELI T�Z� qua My commission expires 1 1 STATE OF WASHINGTON ) COUNTY OF K I N G ) I certify that I know or have satisfactory evidence that -�rt�jj _�AYtL is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that helherwas authorized o execute the instrument, and acknowledged it as the _ of w �w aI l k Leto be the free and voluntary act of such business for the uses and purposes mentioned in the instrument. DATED: 10 PUBLIC :,,,' NCB-_ Y P LIC and for the State of 6-28-2006 ��;.' Washington, residing at 'TUsly �F y��� �- My commission expires 1; 1 IVA PACivil\CONTRACT\church parking.agr.doc Cooperative Parking Agreement-3