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City Council Meeting - City Council Meeting - 03/18/2025
40 KENT CITY COUNCIL AGENDA Tuesday, March 18, 2025 KENT 7:00 PM W ASH I NGTON Chambers A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, dial 253-215-8782 or 253-205-0468 Enter Meeting ID: 82979108067 Join the meeting Mayor Dana Ralph Council President Satwinder Kaur Councilmember Bill Boyce Councilmember Marli Larimer Councilmember John Boyd Councilmember Zandria Michaud Councilmember Brenda Fincher Councilmember Toni Troutner ************************************************************** 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 for Rudolph L. King III Day B. Community Events C. Public Safety Report 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report B. Chief Administrative Officer's Report C. Councilmembers' Reports 6. PUBLIC HEARING 7. PUBLIC COMMENT City Council Meeting City Council Regular Meeting March 18, 2025 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.gov 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.go v. Alternatively, you may email the Mayor and Council at Mayor@KentWA.gov and CityCouncil@KentWA.gov. Emails are not read into the record. S. CONSENT CALENDAR A. Approval of Minutes i. Council Workshop - Workshop Regular Meeting - Mar 4, 2025 5:15 PM ii. City Council Meeting - City Council Regular Meeting - Mar 4, 2025 7:00 PM B. Payment of Bills - Approve C. Resolution Authorizing Execution of Agreements for Funding of Affordable Housing - Adopt D. Agreement with EarthCorps for Mill Creek Canyon Trail Repair 2025 - Authorize E. 2021 King County Countywide Planning Policy Amendments - Resolution - Adopt F. Accept the Summit Landsburg Road and Rock Creek Culvert Replacement Project as Complete - Authorize G. Lease Agreement with MasonCA, LLC for the Riverbend Golf Complex Restaurant - Authorize 9. OTHER BUSINESS City Council Meeting City Council Regular Meeting March 18, 2025 10. BIDS A. 2025 Crack Sealing Project - Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. CLOSED SESSION - COLLECTIVE BARGAINING PER RCW 42.30.140(4) - ACTION LIKELY TO FOLLOW 13. ADJOURNMENT For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725,or email CityClerk@kentwa.gov. NOTE:A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk 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 Honoring Rudolph L. King III Army National Guard Serviceman WHEREAS, Rudolph L. King III, affectionately known as "little Rudy", although he stood 0 6'4". An amazing young man who accomplished so much in his short 23-years. He graduated from PLU with a Bachelor of Science in Psychology. 0 m WHEREAS, During his time in service, Rudy was the recipient of the Washington State 0 Emergency Service Ribbon for his support and contributions with the -0 Washington Army National Guard wildfire response in 2021. He also received a the Meritorious Service Medal for his performance in a field grade officer position within the loth Homeland Response Force as the 11 Director of Human Resources and for his professionalism and attention to detail earning the rn accolades of the Brigade Commander and the Director of the Washington Y National Guard Joint Staff. z a WHEREAS, He had an outstanding sense of humor and is remembered for always smiling. o He was super affectionate, loving, and protective of his loved ones. He was extremely creative, talented, and lived life to the fullest, while dedicating his c life to serving others. _ 0 WHEREAS, Rudy King's mother, Kristin King, is an employee with the City of Kent and she and her family are so grateful to her fellow coworkers, the brave ca members of the Kent Police Department who were instrumental in o apprehending those individuals involved in taking her son's life. a 0 WHEREAS, We look forward to celebrating the wonderful person that he was with this proclamation, and continuing to keep his memory alive year after year 0 NOW, THEREFORE, I Dana Ralph, Mayor of Kent, do hereby proclaim March 18, 2025 E E 0 c.� Rudolph L. King III Day in Kent Washington and I encourage all residents to join me in recognizing the contributions In witness whereof, I have hereunto set my hand this 18th day of March 2025. ' KENT Mayor Dana Ralph WASHINGTON Packet Pg. 4 5.B • department • �. March 18, 2025 ca would have provided the City with a tool to U) ADMINISTRATION offset the loss of revenue that impacts the r- Administration City's ability to provide necessary resources - to support the City. SB 5518 which would • On March 7, The City Council held its annual have provided new funding via a State sales 0 retreat at the Green River Community tax credit for the same reasons and purpose £ College at Kent Station. Items discussed also failed to move forward. The City ° included planning for the Administrative appreciates Senators Kauffman, Orwall, and Services Building, public safety, the 2026 Nobles, as well as Representatives Stearns, Q budget adjustment process, homelessness, Entenman, Obras, and Gregerson for their and a number of other matters. The support during this session. Despite the fact conversation was robust, and a lot was that these two bills failed to advance, the Q accomplished. City is hopeful that other bills that will • The Washington State Legislature reached a provide funding tools to support public N milestone in the 2025 legislative process. %- The house-of-origin cutoff was March 12. safety, including SB 5775, will advance through the legislative process. Bills that were not passed by either the o Communications d House or Senate will not proceed to the . SAVE THE DATE! Mayor Dana Ralph's opposite chamber. Unfortunately, two bills annual State of the City event is this week! N supported by the City failed to move Thursday, March 20 _ forward. As a reminder, in 2008, rJ ,7:00 p.m. Washington state changed how it distributed sales tax revenue to cities. KM High School Performing Arts Center Previously, cities received sales tax revenue We've had a great year with so much to s on goods shipped from the city. With the recognize. She'll share details of the city's change in the sales tax sourcing law in accomplishments and what's on the o 2008, cities now receive sales tax revenue horizon! on goods shipped to the city.`Under this vital City documents have now been E newer structure, some cities won and y some cities "lost." Cities with a strong retail translated into the top 6 community U base benefited from the tax change. Other languages in Kent. Translating vital cities, like Kent with an economy based on documents helps the City meet its Title VI warehousing and shipping, lost revenue. obligations and creates a sense of Kent, which lost $18 million/year in State welcoming to our linguistically diverse issued revenue in today's dollars, was residents and visitors. referred to by the State as Washington's The Welcoming Certification audit by biggest loser. HB 1532 would have Welcoming America has been rescheduled recognized the importance of warehousing for the first week of May. Certified and shipping to the State economy and Welcoming is a prestigious designation awarded to communities that translate their Page 1 of 14 Packet Pg. 5 5.B values of immigrant inclusion, welcoming, position. Anne was hired in Customer and belonging into concrete action. Service as a Meter Reader II in September Communities that achieve this status meet 2023. objective criteria outlined in the Welcoming Payroll Standard, demonstrating a structured, Payroll is working closely with the Human measurable commitment to fostering Resources Department on ensuring any belonging and inclusion. updates associated with the 2025 Workday • Luna Market, a small business incubator in release roll out smoothly and without Kent, will have their official grand opening issues. on Saturday March 29. The event will be Tax & Licensing held at 124 Washington Ave N, Kent, WA The Tax Division has been working on the 98032 starting at 12:30 p.m. Traditional 2025 utility tax returns which have been Latin American food from small vendors will filed so far. Many of the businesses are not M be available for purchase. Other cultural filing with the correct filing frequency. We Cn booths will also be present that day. are working on those businesses and processing refunds where applicable. 7 RESOURCESHUMAN U Accounting o • The Accounting team is finalizing work Benefits necessary to close the books for February • RDS Reconciliation completed. o 2025. A huge thank you to everyone for • Gathering information for the GASB75CL getting their journal entries submitted. report. • The Team continues their 2024 yearend Gathering• information for the Prescription V work including preparing Capital Work in p a Drug and Health Care Spend submission. Progress (CWIP) spreadsheets and working o: with a consultant on governmental Wellness - 2025 New Year, New You! N Challenge Results: accounting standards for leases (GASB 87), o 32 teams, 234 participants, 894,695 subscription-based information technology points earned. o arrangements (GASB 96), and compensated o Winning Teams absences (GASB 101). 1st Place - The Spicy Squad Budget Lesley Flores, Margaret Yetter, Amber • The Budget group is in the process of Slaughter Ida Matias Taylor making final edits to the 2025-2026 Budget Crawford, Ram Cardoza, Nichole Byrd a Book. The book will be printed and posted 4- online by the end of March. 2nd Place - Point Chasers Customer Service Cody Warren, Michael Neira, Chase U • Customer Service completed an audit on Tomjack, Carla Maloney, Wendy o over 700 accounts receiving a utility Wakefield, Kara Moore M discount through our Lifeline Program. The ■ 3rd Place - Cha Cha Sliders goal of the audit was to ensure that Andrew Holcomb, Cheryl Rolcik- E customers on the program remained eligible Wilcox, Michael Mactutis, Thomas o to receive the discount. At the conclusion of Leyrer, Rowena Valencia-Gica, Lizeth the audit, 257 accounts were removed from Duran, Delores Martindale, Melissa the program. Of those 257 accounts Dahl, Derek Hawkes, Lucie Wu removed, 139 accounts no longer met ■ 4th Place - You Kent Catch Us eligibility requirements, or did not submit Kristy Rorie, Ellaine Wi, Alyssa Elliot, documentation required for approval. The Ana- remaining 118 accounts did not provide any Laura Horea, Stephanie King, Ana- response to our requests for information. Maria Nemes, Kareena Hobson, • Congratulations to Anne Ferris who was Keturah Melton, Leah Thompson, recently promoted to the Meter Reader III Tassia Merkle Page 2 of 14 Packet Pg. 6 5.B ■ 5th Place - Tax Haven more information, please reach out to Risk Warren Taggert, Nichole Bond, Linh Management. Hamerly, Andrea Madsen Risk Management has received the July 1st • Health Fair and Biometrics Planning renewal application for the City's Property, • Working on Recognition Program - Ongoing Crime & Fidelity & Drone insurance policies. • Working with Employees and Managers on The renewal application is due April 4. You Protected Leave cases and ADA will receive an email from Risk Management Accommodations - Ongoing if your department is involved in this • Laserfiche project - Ongoing renewal application process. • Workday R1 Release testing Workday Labor • Continue testing with the new Workday Learn project. • LMM with AFSCME . Workday 2025 R1 Major release Go Live • Policy review 3/17. • AC & Commander negotiations (Waiting on Continue transition/training of Workday PERC) Admin role to new Workday Lead. - • Job description updates to prepare for • Reviewing impacts and changes needed for 2_ posting online. Teamster-Police contract with Workday. U Process Improvement Workday February 2025 Statistics E • Process improvement/Lean: Recruiting, 7238- Total number of business process ,° Payroll process mapping and gathering events initiated during the selected improvement ideas - working on phase 2 month. Q for both groups. 204 - Total number of business process • Recruiting support - Sharepoint Form for events that were initiated by a manager Recruitment Plan and process during the selected month Q improvements in Workday. 46 - Total number of business processes • Workday Learning System Administrator completed including new hires, N training. terminations, and job changes. • Ongoing support of HR team for Share Point 68 - Total number of employee benefits o / Intranet redesign. business processes completed in the d • Preliminary work with IT Director for selected month. This includes retirement Contracting process improvement savings changes, addition of dependents N opportunity. to an enrollment, new enrollments, and _ Recruiting changes to eligibility. E • Interviews: Principal or Senior Long-Range a Planner, Maintenance Worker 1, Field Supervisor - Facilities Maintenance U • Offers Made: Probation Officer, Assistant c Court Administrator, Meter Reader 3, Signal Administration Technician, Park Planning and Development Ongoing coordination of IT's Manager contracts/procurements/accounting and E Risk Management administrative processes E • The City's Safety Committee met on March o Contracts: U 11. If you would like to serve as a Processing March - May 2025 committee member, please reach out to subscription/maintenance renewals Risk Management. Please contact your including various procurements. department or division's Safety Committee o Financial / Accounting: member if you have any safety-related Ongoing month-end processes, invoice concerns or topics you would like the Safety processing, and providing reports as Committee to address. needed. • The City's new Emergency Management o Projects: liaison with the PSRFA is Will Lugo. For Page 3 of 14 Packet Pg. 7 5.B • Ongoing preparation of IT Records for • Identity Access Management ProjOp is in Digitized Scanning (complete before procurement process, working with vendor moving into new building). and Legal on contract. • Ongoing preparation/design of IT • Advanced Email Search/Secure Email Intranet Redesign (SharePoint). Gateway project has chosen a Vendor and Business Systems are in process of working on pricing with • Amanda: Planning for go-live of Commercial vendor along with timing for a Proof of Mechanical/ Hood & Duct/ Plumbing, Concept with the products. Commercial Rack-Conveyor Systems, and • Updating/Streamlining Vulnerability Commercial Pads/ Seismic Anchoring Management exceptions process. application types as well as scheduling the • Beginning to do work on the Role-Based upgrade of Production to 2024.12. Access Control project, which is part of our Network and Infrastructure Zero Trust Architecture Program. • AlertMedia is successfully delivering alert Software, Integrations, and Data Engineering 0 messages from SolarWinds to all NOC cell Ongoing development of online Invoice phones. Messages are being received Payment for City Tax System promptly across multiple carriers. NOC has Enhancements. discontinued sending SolarWinds alert Supporting Enterprise GIS operations with U directly to phones and is now using the SQL database upgrade. E AlertMedia exclusively for alert messaging. Ongoing Integrations and Data ,° • Worked in conjunction w/ SOC to create Mapping/Conversion project activities for "Internet of Things" SSID for City of Kent. the Tiburon Replacement projects (Axon Q Solution designed in response to increased RMS and Black Creek JMS), alongside demand for connectivity of devices that are Police, Corrections, and the IT Project not capable of connecting to Kent Guest Management Office (PMO). C Q. (captive portal connections). SSID is MAC Ongoing operational Software Engineering: W filtered, password varies by device / supporting all custom developed solutions N department to prevent bypassing of Kent that are in Production (data and bug fixes Guest. Requesters must provide legitimate as needed). o business need as part of request, and Ongoing operational Integrations > devices must be approved by SOC / Engineering: supporting all GoAnywhere provided to NOC for initial connection. integration/file transfer jobs that are in N • Extensive planning continues for KEHOC, Production. _ ASB, and overarching EA Program. NOC has Ongoing operational Data Engineering: E conducted multiple teams planning Analytics via SSRS/Excel/Power BI and a sessions, resulting in detailed order of management of Data Warehousing in operations for migration / implementation Production. L) of servers and network infrastructure. Team Ongoing operational license & c has reached out to vendors to discuss server support for: ArcGIS, GoAnywhere, options and best practices to ensure a and Software development (DevOps). successful migration with a focus on limiting £ downtime. c Project Management Office U • Bringing the iNovah point of sale system into compliance with the new PCI (Payment Received a total of 276 cases from the Card Industry) v4 DSS (Data Security Police Department to review and assess for Standard), which went into full effect March the filing of criminal charges during the 31, 2024. month of February. Of those cases, 95 were • Replacing the existing City on-premises for in-custody defendants which phone solution with Microsoft Teams necessitated rush filing the next business Calling, a cloud-based phone solution. day after arrest. Security Page 4 of 14 Packet Pg. 8 5.B • Covered 63 court calendars in February, Assisted the Neighborhood Response Team which included 1,642 cases scheduled for and code enforcement staff to address a hearing, spread across 1,126 defendants. number of code enforcement issues Of those, 491 cases were for 247 throughout the city. defendants who were held in-custody. Of the remaining 879 defendants who were PARKS, required to appear in court on an out-of COMMUNITY SERVICES - custody basis, 159 of them failed to appear (an 18% FTA rate). Recreation and Cultural Services • In February, there was one community More than 1,000 people attended the 37th court calendar. On it were 108 cases across annual Kent Kids' Arts Day at the Kent 74 defendants. There were 39 FTAs and Commons on Sat., March 8 from 10 a.m. to warrants were issued for 26 defendants. 3 p.m. A dozen different hands-on projects 20 None of the defendants who appeared were led by professional artists provided kids the co out of compliance to such a degree that a opportunity to get creative and learn about 0 sanction was imposed. Everyone was different art mediums. This event is heavily � demonstrating progress. dependent on volunteers to support each of � • The March jury term saw 113 cases set for the hands-on art projects; 72 students and US trial. Over 227 subpoenas were sent to adults volunteered this year! The stage c civilian witnesses for the March jury term. offered music and dance from local Prosecutors were responsible for preparing performers. Free vouchers were distributed c over 220 hours (the equivalent of through schools and community-based C approximately 28 days for a full-time organizations to facilitate participation by W employee) worth of electronic evidence families with financial need. Use of vouchers t captured by Axon, primarily body worn increased by almost 200 percent from 2024 camera footage. Of those cases, 12 to 2025! 0 defendants confirmed their cases for trial. Singer/songwriter Karla Bonoff's Spotlight • Assisted Parks staff with drafting, Series performance on Fri., March 14 is 2 negotiating, and finalizing the lease completely sold out. The final performance p agreement for a new restaurant tenant at of the 2024-2025 Spotlight Series is Irish Riverbend Golf Complex. band Lunasa on Fri., March 21. The show • Worked with Economic and Community will take place at 7:30 p.m. at Kent- n Development staff on finalizing a resolution Meridian Performing Arts Center. The show = to adopt recent updates King County made is currently 84% sold. to Countywide Planning Policies. • Kent's annual Student Art Walk will take • Drafted an ordinance clarifying committee place March 10-31 in 16 locations that s responsibilities for the Deferred include businesses throughout downtown Compensation Planning Committee. Kent, the Centennial Center gallery, and o • Assisted the Clerk's Office with processing accesso ShoWare Center. Seventeen and responding to large public records schools and 447 students are participating requests. in this year's event. The Centennial Center E • Assisted the HR Department with a number Gallery is hosting work from Grass Lake c of sensitive employment and labor-related Elementary. U matters. • Applications are open for the 2025 Kent • Advised City departments on several Summer Art Exhibit with a deadline of procurement and contract matters related March 12. Washington state-based artists to various ongoing projects. are encouraged to submit prints, • Assisted outside counsel on a number of photographs, paintings, works on paper, cases currently in litigation. and other two-dimensional artworks. The • Worked with staff to acquire the property exhibition will be on display from June 4 rights necessary to complete various through August 21 in the Centennial Center projects throughout the city. Gallery and adjacent conference rooms. Page 5 of 14 Packet Pg. 9 5.B identified and released, while the driver was taken to the hospital and later booked into jail. Events On March 4, 2025, at approximately 1:42 • 3/11, Block Watch 101 a.m., officers were on routine patrol when Awards they observed a green Ford Ranger stopped • 2/21, Commander Phil Johnson, 25th at the pumps at the Chevron located at Anniversary 1246 Central Ave N. Officers noticed the Staff Changes/Off-Boarding/On-Boarding/Div vehicle was running with both occupants Change/Promotions passed out. Upon looking inside, they • 2/19: Jandusay, Dominique, Failed observed severe ignition damage along with Probation drug paraphernalia inside the vehicle. The • 3/4: Lund, Jennifer, Resignation vehicle was pinned in, and both occupants Significant Crime were detained without incident. The Ranger Activities/Arrests/Investigations was not reported stolen, but the registered • On February 24, 2025, at around 10:52 owner could not be located. Officers a.m., officers responded to Ventana observed a large piece of commercial Apartments after a witness reported being equipment that appeared to have been U threatened with a gun by an unknown stolen. The driver admitted to being in the £ individual in a vehicle. The vehicle fled but area where numerous commercial ° 4- was later stopped after a brief pursuit. burglaries had been reported. The Ranger Investigation revealed no substantiated was seized for a search warrant, and the 00 threat but indicated possible drug activity. occupants were released. The case was referred to VNET. On March 6, 2025, officers responded to an • On February 26, 2025, Renton PD flagged address in the valley several times Q officers about an ongoing carjacking. A attempting to serve an order on a male pursuit began and the vehicle crashed. The whose erratic behavior had caused other L juvenile driver was arrested without family members to vacate their shared incident. A Glock was found inside the apartment. Management informed them o vehicle, and Renton PD took custody of the that the power had been shut off to the > driver. apartment, and the suspect was now • On February 26, 2025, officers assisted in stealing power by running an extension N investigating stolen vehicles at a residence. cord to the laundry room (which he had _ Several stolen vehicles and a new camping broken into). On March 6, 2025, officers 'a trailer were recovered. One stolen vehicle arrived to find the suspect was not home, a 4- fled, but the driver was apprehended after but they soon located him walking along .2 fleeing on foot. Central Ave. A foot pursuit quickly ensued. U • On February 26, 2025, officers investigated As the suspect ran toward the apartment E a significant internal theft at the Chevron on with officers chasing him, one officer cut 180th and East Valley Highway. A night him off, blocking his path. The suspect soon 2 employee was found stealing tobacco drew a large knife (over 8 inches) and £ products, with an estimated loss of $4,000 threatened that the officers would have to E to $5 000. shoot him. Officers did recognize a potential 6 • On February 27, 2025, officers responded crossfire situation, adjusted, and eventually to a burglary at an evicted tenant's deployed a taser. The suspect was taken apartment. The male suspect was found into custody and was later placed in a flooding the unit and taken into custody restraint device. without incident. On March 8, 2025, around 3:00 a.m., K9 • On March 2, 2025, officers pursued a stolen officers were driving through the area when Ford Mustang. After a PIT maneuver, the they saw the newly installed playground at driver rammed patrol cars but was arrested Morrill Meadows Park engulfed in flames. after attempting to flee. The passenger was Puget Sound Fire responded and Page 6 of 14 Packet Pg. 10 5.B extinguished the flames. It appears an WORKSPUBLIC accelerant was used to light the equipment on fire. No suspects or witnesses were Survey located nearby. Officers taped off the Survey Field staff continue staking damaged area and are working on obtaining construction improvements as requested any video footage. No further information is and are currently providing design mapping available currently. for the 1161h/2481h Roundabout and the 83rd • On March 8, 2025, officers responded to an Ave sidewalks. Office staff are writing legal assault at Circle K Mobile. Officers descriptions for temporary construction contacted the victim outside the mobile easements and right of way on the SE 21811 home; the suspect was seen inside and Phase 3 East project, the PSE dedication for refused to come out. A search warrant was Meet Me on Meeker project, and for the obtained for the trailer in record time. Lower Russel Road project. Multiple officers executed the warrant and GIS Supervisor has finalized the contract took the suspect into custody, who was negotiating for the updated Aerial Imagery co found hiding in a closet. and will bring it to the COW this month. The • On March 8, 2025, the owner of a recently GIS system re-architecture contract is stolen semi in Pacific called to report that it moving forward for approval. GIS team U was tracking near 235/64. Officers located members are updating the GIS Portal E the stolen semi at the Atrium Apartments Standards, Migrating external server before Pacific PD had a chance to finish content to ArcGIS Online, providing support their stolen vehicle case. The truck was for the Police/Axon software, and a unoccupied, but officers did an excellent job coordinating the updates for the Title VI setting up and clearing the unusual stolen maps. Our team continues fulfilling Public vehicle (as it could not be PIT-ed or Records Requests for utility as-builts and 0. pinned). AFIS was called out, and the entering new utility as-built data into the W owners were already on scene to recover system and creating a fiber data map L the vehicle. viewer for Design Engineering. • On March 11, 2025, at approximately 2:39 Environmental o a.m., Kent officers were dispatched to Planet Protectors Summit: Scheduled for > Veterans Drive/Military Road for a possible Tuesday, March 25 at Green River College. shooting. Several callers reported hearing Soos Creek Water District has agreed to N between 20 and 50 gunshots. Upon arrival, sponsor students who attend from their I_ officers located the victim's vehicle (a white water district at $11/student. Last year's Chevrolet Malibu) abandoned, facing sponsorship was over $2,500. The event eastbound in the westbound lane. The has now filled with 773 students registered s vehicle was unoccupied, with a large dog from 11 total schools - 9 from KSD and 2 left inside and a bullet fragment visible on from FWPS. E the floorboard. The investigation revealed Toxic Waste Swap Committee: Team has that the Malibu was traveling northbound on been discussing all the possible items to Military Road and was being followed by a exchange with people's items that contains £ blue sedan. The vehicles turned west onto harmful chemicals. The program would E Veterans Drive, where the blue sedan purchase new items free of BPA, PFAS, began shooting at the Malibu. The Malibu lead, and other harmful chemicals and jumped the median to escape, causing encourage the community to bring their severe damage to the vehicle. The blue contaminated items in and swap them out sedan continued east on Veterans Drive, for new safe ones. and an unknown white sedan later arrived Recycling Events: Paint will no longer be to pick up the driver of the Malibu. Several collected at mini events. Working with shell casings were located on Veterans Multimedia to create a new handout to Drive. No victims or suspects have been distribute for the upcoming mini events in identified. Patrol processed the crime scene. April and May. An RFC with GreenSheen for Page 7 of 14 Packet Pg. 11 5.B "paint only" recycle collection events in L- 2025 and 2026 is being routed. • Site Clean-up (Mayor's Homeless Task - _ - _ _ :V force/On-Call Garbage Contract/State Ramp Litter Clean-Up): ROW clean-up continues. Locations and priority areas have been '- identified and updated regularly. Next round on March 10 and 24. Will request additional grant money from the Department of Ecology for ramp clean-up and clean-up of ." other state-owned areas. • Water Conservation/Rebates: Rebate website has been updated with PDF rebate applications now listed in 7 different - languages including English, Spanish, Tagalog, Vietnamese, Chinese, Ukrainian,and Punjabi. • Cross Connection Control: Staff continues to 0 help with the SwiftComply migration and E database utility billing data clean-up. ° 4- Private backflow projects permitting, and _ installation being coordinated with - - --: Q customers. • King County Flood Control District: The first meeting of the year for the Technical - Q Committee is on Wednesday, March 12, discussing the upcoming project N prioritization paradigm, which will be _______-- transmitted to the Board of Supervisors by the end of June. — f-~ o • NPDES Programs: Staff continue to work on completing the Annual Report to submit to N Ecology, due March 31. Thanks to all who R _ submitted information for the report. Staff _' E are reviewing Kent City Code to identify any . a updates needed to meet new NPDES Permit R ; s requirements. : • Source Control Inspections: Three sites c inspected by staff last week had issues with illicit or potential illicit discharges. Staff worked to educate the businesses and get £ the sources of the pollutants �ij :�' 't E ..: ° removed/cleaned up and proper BMPs in lace to prevent future discharges. These issues included leaking oil barrels with no secondary containment, improper storage of hazardous materials, garbage on ground uncontained, and process dust and debris vented to the outside where it is washed G . into catch basins when it rains. `; Page 8 of 14 Packet Pg. 12 5.B • 2023 House Bill 1110 - The Middle Housing the 2025 funding year, additional funds are Bill: Staff will be participating on a regional available to the City for construction. round table discussion with other Project was funded for construction in 2027. neighboring jurisdictions to discuss the Received signed and approved NEPE CE environmental/stormwater impacts of 2023 from WSDOT Mar 4. House Bill 1110 which allowed for multiple • 83rd Ave S Sidewalk: Team is reviewing the residential units in single family parcels. sidewalk section with site conditions to Design validate scope of work and determine utility • 24/25 Watermain Improvements: Request conflicts. from Contractor to start work on Smith • 64th Ave S/W James St - NHS Asset Street earlier than anticipated. Management: Design funds have been • Sanitary Sewer Comp Plan: Taking the Draft obligated by WSDOT; notification received Report to Council for Adoption around Feb 18. Internal verification of scope of March 2025 with final approval around work meeting held Feb 21. co August 2025 (needs to be finalized with 2026 Pavement Preservation: Received UTRC and Dept. of Ecology Comments). Met project funding information and evaluated with Financial Consultant to go over their sites. Group to meet to validate sites and analysis of financial capital needs to fund discuss other PW improvements and U CIP. Met internally on 3/11/25 to discuss funding sources. E rates and CIP project schedule. S 224th St - Phase 3 East/Stage 2: 30% ° 4- • Grant Support: Notice of Funding design review distributed Feb 21 with Opportunity (NOFO) for WSDOT National review comments due Mar 10. ° a Highway System (NHS) preservation grant Construction issued Feb 18. Applications are due Apr 11. Mill Creek / 761" Avenue S Culvert PW team identified locations. Presenting Improvements: The construction detour for Q. opportunity and locations to Committee of the closure of 761" Ave S between S 212t" St the Whole Apr 1. and S 2281" St is ongoing and will be in N • SR 167 Median Drainage: Submitted place through October 2025. Business preliminary plans, specs, and traffic control access is being maintained. Crews have o plans to WSDOT for review and concurrence completed pulverizing roadway. Excavation with design prior to advertisement. for the new gas main location has begun. • 2025 Pavement Preservation: Wrapping up PSE crews scheduled for 3/17. Dewatering N specifications and estimate in preparation ongoing. Watermains on driveway bridges _ for advertisement, scheduled for Mar 25. passed purity tests. Installing new fences £ • Mill Creek ReEstablishment - Little Property now. a Floodplain Channel: Hydraulic Permit S 218t" Street/98t" Avenue S from 94t" Approval (HPA) is the remaining permit Place S to S 216t" Street: The closure of S needed to advance work on site. Team is 2181" St / 981" Ave S from 941" PI S to S c working through constructability items with 216t" St is in place. This closure and its the watermain, sanitary sewer line and detour routes will be in place until October 2 channel relocation. Utilities - Received 2025. Water main tie-ins for 12" and 18" £ updated Lumen relocation drawings Mar 10. water was done last week. Scheduled to c The team is reviewing for conflicts. An replace added valves at the outfall of U updated cost estimate will be needed when Garrison Reservoir. Sealing and design is finalized to be included in the channelizing sewer manholes. Continuing to construction agreement. install PSE and illumination conduit. Storm • S 212th St Preservation - 59th PL S to laterals tentatively scheduled to continue 72nd Ave: PSRC received City's request to this week. advance project for construction in 2025. PSRC will include the project as part of their FHWA rebalancing process. PSRC also shared that with the project advancing to Page 9 of 14 Packet Pg. 13 5.B Y _ _ CO z 0 U 0 L 4- 1� h, ^O^ CL ��0/ > LL V 11. s.. p 0 • Meeker Street Multimodal, Kent Elementary _ 0 School and Meeker St at 64t'' Ave Intersection: Forming and pouring new curb gutter on south side. Electrical subcontractor on site installing new lighting E conduit. a • Willis Street Improvements: Crews working to pour remaining concrete NE corner of U Willis & 74t'. Paving subcontractor asphalt c paved base lift at entrance to Naden property on 3/10. Received notice that new traffic signal poles will not ship until 8/9, with an anticipated arrival date 8/19/25. E Contractor will complete all they can through next week and then the project will suspend until new traffic poles are delivered, when final paving and striping can be completed. Page 10 of 14 Packet Pg. 14 5.B YIn1 f y i t 147-- iii - a - e.. _ Vic P 17 E — 1 1 • Linda Heights Pump Station: Continuing to work through material submittals and initial RFI's this week. Met with Contractor on N 3/11 to go review existing pump station. c Advised that motor control unit for new E • Kent East Hill Operations Center (KEHOC) - station is 50 weeks out from delivery after Power and Fiber: Crews are continuing to approved submittals. Contractor re- drill new fiber conduit from Fire Station on evaluating schedule and start date. 116t" to the new KEHOC building this week. Streets c Drilling east on 248t" this week. Street Maintenance crews repaired the soundwall and backfill at S 228t" St and 54tn 2 Ave S, sweep cleaned the street/shoulders £ on Reiten Rd between E Titus St and 104t" E Ave SE, repaired trip hazards at 11305 SE U Kent Kangley Rd, swept the shoulders at various West Hill locations, cleaned the street on W Meeker St between 6t" Ave N and Washington Ave N and on W Smith St between 4t" Ave N and W Meeker St, cleaned the traffic islands on Washington Ave N between W Meeker St and Willis St, ground trip hazards at various East Hill locations, cleaned the Street/Concrete bays Page 11 of 14 Packet Pg. 15 5.B and off loaded the spray tank at the Shops debris on S 256t" St from SE Kent Kangley and installed domes at the Kent East Hill Rd to 116t" Ave SE, on 2081" Ave SE from Operations Center (KEHOC). SE 217t" St to SE 226t" St and on Benson • Signs and Markings crews installed bases Rd from SE 216t" St to SE 240t" St, and signs for the retro-reflectivity program removed split rail fencing at the Downey on S 208t" St, east of 841" Ave S and on SE project site, repaired fencing at the Kent 212t" St, west of 108t" Ave SE, installed Springs Infiltration Gallery and the back bases and signs at 120t" Ave SE and SE fence line. and assisted with the tree 244t" St, on Frager Rd, south of W Meeker installations in the Downtown area. St and on S 252nd St, east of SR 99, Wetland Mitigation crews planted bare root removed the traffic revision signs at S 260t" plants at the Downey site, sowed spring St and 25t" Ave S and at W Valley Hwy and seeds and transplanted at the GRNRA W Willis St, changed the banners in the Nursery, removed weeds and checked for Downtown area and performed sign encampments at the Leber site, and tested U) maintenance, and responded to service the tree inventory tool in GIS. requests at various locations citywide. Water/Sewer • Solid Waste staff cleaned up debris along S Water Distribution crews have been working 277t" St from the Auburn City limits to the with the Engineering Construction group to 1081" Ave SE overpass, along S 228t" St help facilitate the 218th water main E from Central Ave N to 88t" Ave S and along improvement job at our Garrison Reservoir. ° S 208t" St from Central Ave S to 96t" Way, They have finished with taking purities, performed hot spot inspections, graffiti flushing the new water mains and planning 00 removal and responded to service requests the water main shutdowns for the at various locations citywide. contractor to install the final tie-ins and put • Water Vegetation crews pruned, trimmed, in service this week. Everything is looking Q and cleaned up debris at Clark Springs, good and on schedule. Crews have also 2081" Ave SE, the 212t" Treatment Plant and continued our water valve exercising N the Scenic Hill sites, cleaned up debris at program throughout the East Hill area. the water main easements at Clark Springs Hydrant crews and Distribution crews have o and Kent Springs and at the West Hill sites been working together to excavate and > and repaired fencing and cleaned up at the form for concrete to facilitate our new Kent Springs Infiltration Gallery. racking for the future water parts yard at N • Street Vegetation staff line trimmed, blew KEHOC. Crews also performed hydrant _ and cleared litter, debris and leaves at Reith operations and updated meters at various E Rd and S 253rd St, Jolly Roger Rd, the East Hill locations and set new water meters bottom section of Veterans Dr from S 228t" for new development construction at St to Lakeside Blvd E, along the traffic various locations citywide. islands at S 190t" St and W Valley Hwy and Sewer staff have inspected and cleaned the a at Washington Ave S and W James St and sewer lines at W Harrison St and Thompson along Benson Rd/104t" Ave SE between SE Ave N, inspected storm lines for the 235t" St and 108t" Ave SE, removed and Drainage Division and performed monthly £ installed street trees on 1st Ave N, north of flushes and drops and line checks at various E W Smith St, 4t" Ave N, south of W James locations citywide. The Sewer Department U St, Central Ave N, south of E Smith St, W has also been performing repairs with our Meeker ST between 4t" Ave N and 2,d Ave N new Quikloc repair system that is now and at W Saar St and 4t" Ave S, managed completed by our in-house staff to help the contract for the Pacific Hwy S fence save money. This repair system is done by repair, picked up plants from DD#1 and an internal pipe repair by our TV truck crew inventoried and disposed of the pesticide with the camera crawler. Crews have also shed. completed the list of manhole repairs that • The Sidearm mower crews cleaned up the were created by our inspection program. mow strips, edged sidewalks and removed Source, Supply and Pumpstations Page 12 of 14 Packet Pg. 16 5.B • SCADA staff installed new entry switches on Ave S, asphalted a berm at 924 E Walnut St the hatches at the 6.2 Reservoir, installed and at 26127 145t" Ave SE, potholed, new motor starters at the Horseshoe performed ditch work and cleaned the Sanitary station, replaced the breaker at culvert at 13254 SE 282nd St, cleaned the the 212t" Lift Station, installed a new salt domes at KEHOC, checked storm KMnO4 sensor at the 212t" Treatment Plant, system hot spots and marked locates for troubleshot issues at Pump Station #3, future work at various locations citywide. improved and cleaned up WonderWare by Crews also performed National Pollutant eliminating old tags and cleaning up site Discharge Elimination System (NPDES) pages, worked on the ATS power at the inspections on W Smith St at 4t" Ave N and East Hill Well and performed repairs at at 2nd Ave N, at 4th Ave N and Ramsay Union Pacific. Way, on Central Ave S at E Saar St, E Titus • Source and Supply staff cleaned leaves and St and at S 259t" St and at S 194t" St and debris from around the hatches and 66t" Ave S, and performed NPDES pumping CO assisted with the 218t" tie-in at the 6.2 and NPDES repairs at various locations Reservoir, ran well #2 at Clark Springs, put citywide. the spare 590 meter in at Pump Station #5, Wetland Maintenance crews repaired assisted with the completion of the 212t" fencing at the Gorilla Warehouse wetland at U Treatment Plant project and cleaned out old 72nd Ave S and S 196t" St, Veteran's Drive £ equipment and inventoried items in at 22249 Veterans Dr, BMX Wetland at ,° L preparation of the move to KEHOC. 21734 123rd Ave SE and at Eagle Creek at • Pump Station crews finished the installation 13635 SE 281st Ct, removed trees from the Q of the new 10" valve at Lindental, cleaned wetland at 25122 132nd Ave SE and at the inside of the Horseshoe Sanitary Pheasant's Hollow at 22926 126t" PI SE, station, removed equipment we wanted to mowed, line trimmed and transplanted at Q keep from the Washington Ave Storm Pump the GRNRA Nursery at 22306 Russell Rd, Station, worked with Tapps Electric to finish and inspected wetland sites for Homeless N repairing the lights and install new light activity at various locations citywide. switches at GRNRA South, worked with Holding Pond crews removed trees at the o VECA Electric to restore the power at the Pacific Terrace at 24825 107t" Ave S and at > Union Pacific Storm Station, performed Muth at 4611 S 215t" PI. r Sewer and Storm pump station checks and Fleet/Warehouse N wet well cleaning at various locations The Warehouse crews worked on clearing _ citywide, and cleaned the Pump Station out and disposal of items for the KEHOC £ office in preparation for the move to move, continued with staff training on a KEHOC. Cityworks, warehouse purchase orders and s • Water Quality staff performed disinfection other various warehouse processes, worked byproducts sampling at various locations on forklift certification and recertification c citywide, worked on the KMnO4 chemical classes, continued to assist with CDL feed pump and tank replacement, started training, maintained the shops yard, the plant if needed while the 6.2 Reservoir keeping it clean and free of litter and £ is offline, received a caustic delivery at debris, cleaned and maintained the wash E Pump Station #5, finished working on the rack, washed and vacuumed motor pool U 212t" Treatment Plant filter project, rebuilt vehicles, issued Personal Protection the daily reports in WaterTrax, finished the Equipment (PPE) and motor pool vehicles to February well head sampling and work staff and hydrant meters and public notice orders and worked on the 1st Quarter boards to contractors, repaired small wellhead sampling. equipment as needed, received parts and Storm Drainage/Vegetation: inventory orders, picked up and delivered • Storm crews performed line cleaning for the inner-office mail and hauled spoils as Engineering at 83rd Ave S and S 224t" St, time and equipment were available. potholed for Streets at S 228t" St and 54t" Page 13 of 14 Packet Pg. 17 5.B • Fleet staff added toolboxes, ladders and tarps to Parks vehicles, received parts for new Police vehicles that will be sent to the upfitter soon, removed items from a totaled Patrol vehicle and prepared it for auction, received 2 new Vermeer Chippers to replace in the motor pool and they will be put in service soon, the new lift truck had a double bucket installed and is waiting on license plates, preparing the 5-yd dump truck #8734 for auction, performed air brake inspections, City space write ups and scheduled and non-scheduled maintenance repairs, and cleaned and organized the upstairs storage area. ### O U E O L O Q NN� 1.6 L O Q. NN� 1.6 L d _V 0 r L E Q U c O w M v 7 E E O U Page 14 of 14 Packet Pg. 18 8.A.1 Pending Approval City Council Workshop Workshop Regular Meeting KENT Minutes March 4, 2025 Date: March 4, 2025 Time: 5:15 p.m. Place: Chambers I. CALL TO ORDER Council President Kaur called the meeting to order. a Attendee Name Title _ Status Arrived Satwinder Kaur Council President Present o Bill Boyce Councilmember Present E John Boyd Councilmember Present 0 Brenda Fincher Councilmember Present a Marli Larimer Councilmember Present a Zandria Michaud Councilmember Present a. a Toni Troutner Councilmember Present LO LO LO II. PRESENTATIONS c 1 Information Technology Update Mike Carrington 90 MIN. James Endicott L Brian Rambonga 0 w Information Technology Director, Mike Carrington introduced the Information Technology update and reviewed the reorganization chart, and IT department = budget and capital projects and expenditures. a� Information Technology Deputy Director, James Endicott provided an a overview of the Zero Trust Architecture program and reviewed: Foundation of Zero Trust Q Privileged Access Management Secure Email Gateway Penetration Testing and results Endicott talked about the Security Awareness Training "Hoxhunt" which was recently acquired by the City. Project Management Office Manager, Brian Rambonga provided an overview of the: Information Technology Projects Tech Plan in addition to recent major accomplishments. Technology initiatives active, canceled, completed, on-hold, and requested Highlighted technology projects for each of the department Packet Pg. 19 8.A.1 City Council Workshop Workshop Regular March 4, 2025 Meeting Kent, Washington Minutes Endicott detailed the future state of the Enterprise Architecture Program. Active Data Center with Disaster Recovery Data Center Building systems to be resilient and redundant Endicott reviewed the Enterprise Architecture - Teams Phone (Calling) Deployment project Rambonga provided a high-level overview of all projects for each of the City departments. Economic and Community Development Director, Kurt Hanson answered Council's questions regarding the Amanda project. ° Endicott closed the presentation by advising of challenges the department is a facing relating to ongoing security and AI enhancements. a Meeting ended at 6:28 p.m. LO 6 LO K tey A. Kottioto- N O City Clerk L C� C O d G d V Q d U V a Page 9 Packet Pg. 20 8.A.2 Pending Approval Kent City Council City Council Regular Meeting KENT Minutes March 4, 2025 Date: March 4, 2025 Time: 7:00 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE Mayor Ralph called the meeting to order. a 2. ROLL CALL Attendee Name Title Status Arrived o Dana Ralph Mayor Present ; Satwinder Kaur Council President Present a Bill Boyce Councilmember Present a John Boyd Councilmember Present 2 Brenda Fincher Councilmember Present a 0 Marli Larimer Councilmember Present R ti Toni Troutner Councilmember Present LO N Zandria Michaud Councilmember Present N 3. AGENDA APPROVAL A. I move to approve the agenda as presented. o W RESULT: MOTION PASSES [UNANIMOUS] MOVER: Satwinder Kaur, Council President SECONDER: Bill Boyce, Councilmember c AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Troutner, Michaud a a� U V 4. PUBLIC COMMUNICATIONS a a� A. Public Recognition i. Employee of the Month Mayor Ralph recognized Leif Drangsholt as the City's March 2025 Employee of the Month. City Attorney, Tammy White and Chief Prosecuting Attorney, Sara Watson provided words of appreciation for Leif's work in the Legal Department. Drangshold expressed appreciation of the award. ii. Employee of the Year Packet Pg. 21 8.A.2 Kent City Council City Council Regular Meeting March 4, 2025 Minutes Kent, Washington ......................................................................................................................................................................................................................................................................................................._.............................................................................................................................................................................................................. Mayor Ralph recognized Victoria Robben as the City of Kent 2024 Employee of the Year. City Attorney Tammy White provided words of appreciation for Victoria's work in the Legal Department. iii. Appointment to the Kent Arts Commission Mayor Ralph recognized Carlos Diaz as her recommended appointment to the Kent Arts Commission. B. Community Events Council President Kaur announced upcoming events at the accesso ShoWare Center. Councilmember Fincher announced upcoming Spotlight series events. 0 7E Fincher invited the public to attend Kent Kids Arts' Day on March 8th at ° the Kent Commons. C C. Economic and Community Development Report a. Chief Economic Development Officer Bill Ellis presented the Economic and o Community Development update. ti LO N Ellis talked about the Top Foods site on the East Hill that was purchased by N Rhino Investments. Permits are in for TJMax and Burlington Coat Factory L stores. 0 Ellis talked about the global supply chains that run through the Kent Valley in addition to a large share of aerospace manufacturing being located in Kent. Ellis provided a jobs update and reviewed lease rates and inventory of vacancy rates in Kent and Tacoma. a Ellis acknowledged the work of Michelle Wilmot, Economic Development Program Manager, in creating a Kent Valley Employers Table. It consists of Q four cities, 20+ employer leaders, and an audience of public service sector representatives. Work is being done to form workgroups on topics like business networking and workforce development input. The group will continue convening to facilitate and organize around business-led action items, such as develop testing facilities, guest speakers, and sharing on job training learning. Ellis talked about the Advanced Manufacturing Apprenticeships program in addition to the Career Pathways in Advance Manufacturing meeting that includes the Kent School District, AJAC Space Northwest, and Blue Origin. Ellis closed the presentation by talking about the Port of Seattle Foreign- Trade Zone that is designated, secure sites considered outside of U.S. Page 9 Packet Pg. 22 8.A.2 Kent City Council City Council Regular Meeting March 4, 2025 Minutes Kent, Washington ......................................................................................................................................................................................................................................................................................................._.............................................................................................................................................................................................................. Customs territory but physically located in the United States. This program was designed to encourage international trade and U.S. employment. 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph provided a recap of her work testifying on the City's top priorities during the current legislative session. Mayor Ralph provided a recap of her meetings at the Conference of Mayors and the discussions surrounding the impacts of the digital economy. _ Mayor Ralph serves as the Chair of the King County Flood Control Advisory Committee and provided a recap of the recent agenda items. ° B. Chief Administrative Officer's Report 0 a CL Chief Administrative Officer, Pat Fitzpatrick announced the City Council a retreat that will be held on March 7th starting at 8:30 a.m. at the Green River r- College campus at the Kent Station. a. 0 C. Councilmembers' Reports LO Council President Kaur provided a recap of the agenda items from today's o Workshop and Committee of the Whole. N L Councilmember Troutner serves as the Chair of the Puget Sound Regional Fire Authority Governance Board, along with Councilmembers Boyd and o Larimer. Troutner provided an overview of the recent agenda items. a Councilmember Michaud serves as the Subject Matter Expert for the Parks items on the Committee of the Whole and provided a recap from today's meeting. a a� Michaud serves on the Regional Law, Safety and Justice Committee that recently discussed immigration and policies relating to federal and local law y enforcement. _ Michaud serves as the Council Liaison on the Human Services Commission that recently approved the 2024 Consolidated Annual Financial Report that explains how the City utilized CDBG funds. The Council also received a presentation on the Project Be Free program. Michaud serves on the Washington Community Forestry Council's Executive Advisory Council that recently met with Dave Upthegrove, Commissioner of Public Lands and discussed the uncertainty regarding state and federal funding. Page 9 Packet Pg. 23 8.A.2 Kent City Council City Council Regular Meeting March 4, 2025 Minutes Kent, Washington ......................................................................................................................................................................................................................................................................................................._.............................................................................................................................................................................................................. Councilmember Boyd serves on the Local Hazardous Waste Management Program Management Coordination Committee and provided a recap of the recent agenda items. Councilmember Fincher serves on the King Conservation District Advisory Committee and announced the new supervisor. Fincher serves as the Subject Matter Expert for the Public Works items on the Committee of the Whole and provided a recap of today's agenda items. 6. PUBLIC HEARING None. 0 7. PUBLIC COMMENT Shenald Kumar, a Kent resident provided public comment regarding a a resolution relating to a sanctuary City. a Amasai Jeke, a Kent resident provided public comment regarding a resolution as relating to a sanctuary City. R I- LO Adrianna Suluai, a Kent resident and Executive Director of Eutopia of o Washington, provided public comment regarding a resolution relating to a sanctuary City. Maureen Richter, resident and business owner, provided public comment 0 regarding a police report where she is listed as a witness that was not r present at the scene. c Judy Rohn, a Renton resident, spoke to the Council on democracy. c 0 8. CONSENT CALENDAR U I move to approve Consent items A - D. a RESULT: APPROVED [UNANIMOUS] MOVER: Satwinder Kaur, Council President SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Troutner, Michaud A. Approval of Minutes i. Council Workshop - Workshop Regular Meeting - Feb 18, 2025 5:15 PM ii. City Council Meeting - City Council Regular Meeting - Feb 18, 2025 7:00 PM B. Payment of Bills - Approve Page 9 Packet Pg. 24 8.A.2 Kent City Council City Council Regular Meeting March 4, 2025 Minutes Kent, Washington ......................................................................................................................................................................................................................................................................................................._.............................................................................................................................................................................................................. MOTION: I move to approve the payment of bills received through 1/31/25 and paid on 1/31/25, and approve the checks issued for payroll 1/16/25 - 1/31/25 and paid on 2/5/25, all audited by the Committee of the Whole on 2/18/25. C. Amendment with Carl Warren & Co. for Third Party Claims Administration - Authorize MOTION: I move to authorize the Mayor to sign a contract amendment with Carl Warren & Company, and ratify all prior agreements and amendments, subject to final terms and conditions acceptable to the City Attorney and Human 2 Resources Director. D. Appointment to the Kent Arts Commission - Confirm o MOTION: I move to confirm the Mayor's appointment of Carlos o Dias as an alternate on the Kent Arts Commission for an initial a CL four-year term starting on March 4, 2025 and ending on March a 3, 2029. r- a. 9. OTHER BUSINESS o ti None. LO N O N 10. BIDS L A. 2025 Plastic Markings Bid - Award Public Works Director, Chad Bieren provided an overview of the 2025 Plastic Markings Bid and recommended awarding to Construction Ahead Inc, dba Pavement Surface Control. MOTION: I move to award the 2025 Plastic Markings Project to Construction Ahead, Inc. dba Pavement Surface Control in the amount of $304,130 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. a a� RESULT: MOTION PASSES [UNANIMOUS] MOVER: Brenda Fincher, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Troutner, Michaud B. 2025 Paint Line Striping and Raised Pavement Markings Replacement Bid - Award Bieren provided details on the 2025 Paint Line Striping and Raised Pavement Markings Replacement Bid and recommended awarding to Construction Ahead, Inc, dba Pavement Surface Control. Page 9 Packet Pg. 25 8.A.2 Kent City Council City Council Regular Meeting March 4, 2025 Minutes Kent, Washington ......................................................................................................................................................................................................................................................................................................._.............................................................................................................................................................................................................. MOTION: I move to award the 2025 Paint Line Striping and Raised Pavement Markings Replacement Project to Construction Ahead, Inc. dba Pavement Surface Control in the amount of $427,580 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 [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Troutner, Michaud 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 0 None. 0 0_ 0_ 12. ADJOURNMENT a Mayor Ralph adjourned the meeting at 7:58 p.m. a 0 R ti Meeting ended at 7:58 p.m. N 0 N KLvnir Leery A. Kom to- City Clerk 0 w d r m _ c� a d U V a _ Page 9 Packet Pg. 26 8.B KENT W A S H I N G T O N DATE: March 18, 2025 TO: Kent City Council SUBJECT: Payment of Bills - Approve MOTION: I move to approve the payment of bills received through 2/15/25 and paid on 2/15/25 and approve the checks issued for payroll 2/1/25- 2/15/25 and paid on 2/20/25, all audited by the Committee of the Whole on 3/4/25. SUMMARY: Approval of payment of the bills received through: 02/15/25 and paid 02/15/25 Approval of checks issued for Vouchers: Date Document Numbers Amount 02/15/25 Wire Transfers 10530 10554 $3,449,178.31 02/15/25 Regular Checks 785521 785831 $3,216,346.87 02/15/25 Payment Plus 106606 106635 $82,436.35 Void Checks ($596.00) Void Payment Plus $0.00 02/15/25 Use Tax Payable $1,199.57 Total Accounts Payable: $6,748,565.10 Approval of checks issued for Payroll: 02/01/25-02/15/25 and paid 02/20/25 Date Document Numbers Amount 02/20/25 Checks $2,498,568.40 Voids and Reissues $0.00 02/20/25 Advices FR&P 463856 463862 $4,541.59 Total Payroll: $2,503,109.99 BUDGET IMPACT: 03/04/25 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 3/18/2025 7:00 PM MOVER: Bill Boyce, Councilmember SECONDER: John Boyd, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner Packet Pg. 27 8.0 KENT W A S H I N G T O N DATE: March 18, 2025 TO: Kent City Council SUBJECT: Resolution Authorizing Execution of Agreements for Funding of Affordable Housing - Adopt MOTION: I move to adopt Resolution No. 2084, authorizing the execution of agreements by the administering agency for South King Housing and Homelessness Partners to fund affordable housing projects. SUMMARY: SKHHP was established in 2019 through an interlocal agreement (Establishing ILA) and is a unified, coordinated, and collaborative coalition funding the construction and preservation of affordable housing in South King County. SKHHP currently has 12 member jurisdictions including the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, and Tukwila, plus King County. SKHHP provides a meaningful opportunity to pool funds together with neighboring cities to collaboratively make an impact on the subregion's affordable housing shortage. To date, SKHHP has pooled over $11.2 million to house our low-income neighbors or rehabilitate deteriorating multifamily buildings. In 2019, RCW 82.14.540 (SHB 1406) became law allowing jurisdictions to enact a local sales and use tax for the purpose of supporting affordable housing. In 2021, eight of the nine SKHHP member cities entered into a second interlocal agreement for purposes of pooling sales tax receipts authorized by RCW 82.14.540 with SKHHP to create the Housing Capital Fund (Pooling ILA - SHB 1406). In 2023, two of the four SKHHP member cities who are able to collect RCW 82.14.530 (HB 1590) revenues desired to pool a portion of those funds with SKHHP for the 2023 funding round of the Housing Capital Fund to add to existing SHB 1406 pooled revenue and entered into an additional interlocal agreement (Pooling ILA - HB 1590). In 2024, an additional member city entered into the Pooling ILA - HB 1590 and a new member city made a contribution from municipal general funds. The Establishing ILA and Pooling ILAs established the SKHHP Housing Capital Fund, set parameters for the process for the selection of awards involving pooled funds, and determined the approval process. Pursuant to the ILAs, the SKHHP Executive Board recommends allocations for funding affordable housing projects to the participating City Councils. Even though the Council has already contributed funds to the 2024 Housing Capital Fund funding round, Council approval is needed to Packet Pg. 28 8.0 authorize the allocation of funds to specific projects. The SKHHP Executive Board adopts annual funding guidelines and priorities for each funding round. The SKHHP Advisory Board subsequently reviewed applications and provided a funding recommendation based on adopted priorities to the SKHHP Executive Board. The SKHHP Executive Board concurred with the SKHHP Advisory Board's recommendation and recommends funding four projects totaling $4,100,000 as described in the 2024 SKHHP Housing Capital Fund Recommendation memo dated January 23, 2025 (attached). The SKHHP Executive Board requests approval to use $2,288,300 of the total $2,256,716 contributed funds from 2024 and $37,168 of the carry-over from 2023 from the City of Kent for the following recommended projects: Project Sponsor and Location # of Units Total Development 2024 SKHHP 2024 City Project Name Cost Contribution Contribution Mercy Housing NW - Burien 91 $58,048,463 $2,000,000 $1,485,801 Burien Family Housing TWG - Pandion at Star Kent 251 $126,720,200 $770,000 $572,034 La ke Multi-Service Center- Auburn 24 $975,939 $775,000 $173,408 White River Apartments Habitat for Humanity - Burien 40 $26,193,686 $555,000 $57,057 Burien Miller Creek As outlined in the memo, sales and use tax receipts from Kent have already been contributed to SKHHP's 2024 Housing Capital Fund, and with this Council approval, $2,288,300 of those funds may be allocated to the projects recommended by the SKHHP Executive Board. Detailed descriptions of the projects, funding requests, rationale, and recommended conditions of funding for projects by the SKHHP Executive Board are included in the attached memo. The Resolution authorized the administering agency of SKHHP to execute all documents and take all necessary actions to enter into agreement on behalf of the City to fund these recommended affordable housing projects. BUDGET IMPACT: $2,288,300 (HB 1590 and SHB 1406 pooled funds). SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. ATTACHMENTS: 1. SKHHP HCF Allocations - Resolution (PDF) 03/04/25 Committee of the Whole MOTION PASSES Packet Pg. 29 8.0 RESULT: MOTION PASSES [UNANIMOUS]Next: 3/18/2025 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner Packet Pg. 30 8.C.a c 0 x d M L O Q RESOLUTION NO. 2084 ° c =a c ° U- L 0 A RESOLUTION of the City Council of the City of Kent, Washington, authorizing the administering agency for the South King Housing and Homelessness Partners (SKHHP) to execute all Q documents necessary to enter into agreements for c the funding of affordable housing projects, as c recommended by the SKHHP Executive Board, utilizing funds contributed by the City to the SKHHP Housing Capital Fund. W c N i O t RECITALS a c O r A. On June 19, 2019, the City of Kent ("City") executed an ° 0 interlocal agreement to form the South King Housing and Homelessness Partners ("SKHHP") to help coordinate the efforts of South King County cities ti N to provide affordable housing. !T- r- B. On February 4, 2021, the City executed an interlocal agreement ° for the purposes of pooling sales tax receipts sourced from RCW 82.14.540 U) with SKHHP to administer funds through the SKHHP Housing Capital Fund. C. On September 18, 2023, the City executed another interlocal c M agreement for the purposes of pooling sales and use tax receipts sourced 0 from RCW 82.14.530 with SKHHP to administer funds through the SKHHP < U Housing Capital Fund. _ a D. The SKHHP Executive Board has recommended that the City = Y participate in the funding of certain affordable housing projects and c programs hereinafter described. 1 SKHHP Housing Capital Funds - Resolution a Packet Pg. 31 8.C.a E. The SKHHP Executive Board has developed recommended conditions to ensure that the City's affordable housing funds are used for = a� their intended purpose and that projects maintain their affordability over time. 0 F. Pursuant to the SKHHP formation interlocal agreement, each a 0 legislative body participating in funding a project or program through = SKHHP's Housing Capital Fund must authorize the application of a specific U_ amount of the City funds contributed to the SKHHP Housing Capital Fund to 0 4- a specific project or program. a� G. The City Council desires to use $2,288,300 from funds E contributed to the SKHHP Housing Capital Fund as designated below to a finance the projects recommended by the SKHHP Executive Board. o 0 0 U NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, x w WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: _ N O t RESOLUTION 3 a _ 0 SECTION 1. - Authorization. Pursuant to the SKHHP interlocal o agreement, the City Council authorizes the duly-appointed administering agency of SKHHP to execute all documents and take all necessary actions to ti N enter into agreements on behalf of the City to fund (1) the development of _ Mercy Housing Northwest's Burien Family Housing; and (2) the development 0 of TWG's Pandion at Star Lake; and (3) the rehabilitation of the Multi-Service Center's White River Apartments; and (4) the development of Habitat for Humanity's Burien Miller Creek.The source of funding shall come through the 0 M combined use of $2,057,835 of the City's HB 1590 contribution and $230,465 0 from the City's SHB 1406 contribution, as proposed in the SKHHP Executive LL U Board's Memorandum dated January 23, 2025, a copy of which is attached = a and incorporated as Exhibit A. _ Y N _ a� 2 SKHHP Housing Capital Funds - Resolution a Packet Pg. 32 8.C.a SECTION 2. - Terms and Conditions. The agreements entered into pursuant to Section 1 of this Resolution shall include terms and conditions to = a� ensure the City's funds are used for their intended purpose and the projects maintain affordability over time. In determining what conditions should be 0 included in the agreements, the duly-appointed administering agency of a 0 SKHHP shall be guided by the recommendations set forth in Exhibit A. _ SECTION 3. - Severability. If any one or more section, subsection, L 0 or sentence of this resolution is held to be unconstitutional or invalid, such w decision shall not affect the validity of the remaining portion of this resolution a� and the same shall remain in full force and effect. a 0 SECTION 4. - Corrections by City Clerk. Upon approval of the city o attorney, the city clerk is authorized to make necessary corrections to this a� resolution, including the correction of clerical errors; resolution, section, or W 0) subsection numbering; or references to other local, state, or federal laws, N •L codes, rules, or regulations. 0 w a SECTION 5. - Effective Date. This resolution shall take effect and be o in force immediately upon its passage. o a� a_ M March 18, 2025 N DANA RALPH, MAYOR Date Approved c 0 0 ATTEST: a� o_ March 18, 2025 0 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted 0 a U_ APPROVED AS TO FORM: x a x x Y co TAMMY WHITE, CITY ATTORNEY a� E 3 SKHHP Housing Capital Funds - Resolution a Packet Pg. 33 8.C.a Exhibit A Memorandum N o SK00 1 ■■ South King Housing and Homelessness Partners -aL 0 TO: City of Auburn City Council City of Maple Valley City Council Q City of Burien City Council City of Normandy Park City Council C City of Covington City Council City of Renton City Council City of Des Moines City Council City of SeaTac City Council City of Federal Way City Council City of Tukwila City Council City of Kent City Council LL 0 FROM: SKHHP Executive Board w c DATE: January 23, 2025 m E RE: 2024 SKHHP Housing Capital Fund Recommendation m L OVERVIEW w 0 2024 was the third annual funding round of the SKHHP Housing Capital Fund made possible by pooling a resources among SKHHP member jurisdictions. 2024 was the first year every member city contributed pooled funds towards the Housing Capital Fund and contributions totaled $3,959,020. With the remaining unused x funds from the 2023 funding round, SKHHP made $4,100,000 available in the 2024 funding round. SKHHP w received six applications for funding representing over$9.2 million in requests to develop or preserve 431 units of housing.The SKHHP Executive Board recommends funding four projects totaling$4,100,000 (see Table o 1). Of this total,the Executive Board recommends using$1,030,000 of the total $1,035,141 sourced from SHB 1406 revenue contributions for one homeownership and one preservation project; $2,770,000 of the total a $2,775,969 sourced from HB 1590 revenue contributions for two new construction projects; and $300,000 of o r the total $300,000 sourced from general funds to be applied to the homeownership project.This 0 recommendation leaves a balance of$5,141 in SHB 1406 funds and $5,969 in HB 1590 funds in the Housing 0 Capital Fund that will rollover into the next funding round in 2025 (see Tables 2 and 3).A summary of the recommended projects, funding rationale, and the conditions for funding are described in this memo. Included ti N as attachments are the economic summaries of the recommended projects, summary changes of previously awarded projects that reapplied and are recommended for funding, and standard conditions for funding. _ 0 w Table 1: Recommended Projects and Recommended Funding Level w Project sponsor Location #of Project type Amount Recommended Recommended W and name units Requested Funding—HB Funding—SHB N 1590 1406&G F 0 Mercy Housing NW— Burien 91 New Construction $2,000,000 $2,000,000 - Burien Family Housing Rental 0 TWG—Pandion at Star Kent 251 New Construction $2,000,000 $770,000 -- Q LL Lake Rental U 2 Multi-Service Center— Auburn 24 Preservation $975,939 -- $775,000 a. White River Apts. Rental = Y Habitat for Humanity— Burien 40 New Construction $1,300,000 -- $300,000-GF Burien Miller Creek Homeownership $255,000-SHB 1406 TOTAL -- 406 -- -- $2,770,000 $1,330,000 v c� Page 1 of 23 a Packet Pg. 34 8.C.a Table 2: Proposed HB 1590 Allocations by Jurisdiction for Recommended Projects 1. Mercy Total Carry-Over 0 Jurisdiction Housing-Burien 2.TWG-Pandion Contributed from 2023 Unallocated Family in 2024 M Covington $ 153,964 $ 59,276 $ 213,657 $ 43 $ 460 0 Kent $ 1,485,801 $ 572,034 $ 2,061,827 $ 442 $ 4,434 a Maple Valley $ 360,235 $ 138,690 $ 500,000 $ - $ 1,075 0 Total $ 2,000,000 $ 770,000 $ 2,775,484 $ 485 $ 5,969 =a c LL Table 3: Proposed SHB 1406 Allocations by Jurisdiction for Recommended Projects c 4- 3. MSC-White 4. Habitat-Miller Total Carry-Over Jurisdiction River Creek Contributed from 2023 Unallocated E in 2024 m Auburn $ 121,507 $ 39,980 $ 135,475 $ 26,819 $ 807 Q Burien $ 57,595 $ 18,950 $ 64,623 $ 12,304 $ 382 0 Des Moines $ 29,955 $ 9,856 $ 34,012 $ 5,998 $ 199 a Federal Way $ 116,047 $ 38,184 $ 131,715 $ 23,286 $ 770 Kent $ 173,408 $ 57,057 $ 194,889 $ 36,726 $ 1,150 x Normandy Park $ 4,930 $ 1,622 $ 5,426 $ 1,158 $ 32 w am Renton $ 202,461 $ 66,616 $ 228,107 $ 42,313 $ 1,343 N Tukwila $ 69,097 $ 22,735 $ 89,289 $ 3,002 $ 459 0 t Total $ 775,000 $ 255,000 $ 883,536 $ 151,606 $ 5,142 Q c 0 Table 4: Proposed Unrestricted/General Fund Allocations by Jurisdiction for Recommended Projects 0 Total w 3. Habitat-Miller Jurisdiction Contributed in Unallocated Creek 2024 M ti N SeaTac $ 300,000 $ 300,000 $ - Total $ 300,000 $ 300,000 $ - r_ 0 w _0 BACKGROUND 0 w a� The SKHHP Advisory Board met on October 3, 2024 and November 7, 2024 to review each project application and develop a funding recommendation for the SKHHP Executive Board's consideration.The SKHHP Executive c Board met on October 18, 2024 and November 15, 2024 to review each project and consider the a recommendations of the Advisory Board. The Advisory Board adopted its recommendation on November 7, o 2024 and the Executive Board took final action on November 15, 2024. Q u_ U 2 Of the six applications received,two are located in Renton and both project applications are eligible to receive p. HB 1590 funds.The City of Renton collects HB 1590 funds but does not currently pool those funds with SKHHP. _ SKHHP pools HB 1590 funds from three of the four South King County cities that collect it. Because of this,the City of Renton plans to directly financially support these two projects.These projects include Homestead Community Land Trust's Willowcrest II and St. Stephen Housing Association &Way Back Inn's Steele House. E s c� Page 2 of 23 a Packet Pg. 35 8.C.a These two projects were removed from SKHHP's competitive list of projects under consideration prior to the Advisory Board and Executive Board making their funding recommendation. 0 PROCESS °' M Advisory Board Executive Board finalizes Member Councils approve ,o recommendation recommendation funding recommendation Q (November 7,2024) (November 15, 2024) (January-March 2025) C c =a c ATTACHMENTS Li L 0 1. Economic summaires of recommended projects y 2. Summary changes of previously awarded projects that reapplied 3. Standard conditions for funding E m L Q W O _ O rt+ V K W N i O t 3 Q C O r O O N O M N C O _3 O N d N C M 0 O Q LL U 2 a x x Y c m E s v c� Page 3 of 23 a Packet Pg. 36 8.C.a 1. Mercy Housing Northwest- Burien Family Housing Funding request: $2,000,000 0 d Executive Board recommendation: $2,000,000 (forgivable loan) M L Address: 12845 Ambaum Blvd SW Burien, WA 98146 Q PROJECT SUMMARY o a) Burien Family Housing is a new multifamily 91-unit rental project located near high frequency transit in Burien. The project will support households earning between 30%area median income (AMI) and 60%AMI with a LL focus on households with children, including 34 units set-aside for families with children exiting homelessness c and 18 units set-aside for households with a physical disability. y c The project includes the redevelopment of a 4.23 acre site currently owned by Mary's Place which operates an E emergency shelter on-site. Mary's Place will be donating 2-acres of the project site to Mercy Housing m Northwest for the development of new affordable housing, while retaining 1.31 acres of the site for the Q development of a new shelter to replace the existing one.The project will be four stories in size.The o development is comprised of a mix of one-, two-,three-, and four-bedroom units. 52%of the units are family- 0 sized two-,three-, and four-bedroom units. m This project received a financial award from SKHHP during the 2022 funding round and secured funding from w King County,the Washington State Department of Commerce, the 9% Low Income Housing Tax Credit(LIHTC) c program, and the Amazon Housing Equity Fund (HEF) program over the course of 2023 and 2024.The project is o a combination 4% and 9% LIHTC project.The project also secured 34 project-based vouchers from the King County Housing Authority and a Resident Services award from King County to support the families exiting Q homelessness. 0 r PROJECT SCHEDULE 0 a� Activity Date M Purchase and Sales Agreement 8/29/2022 N Zoning Approval 2/1/2024 Site Plan Approval 8/18/2022 0 Building Permits Issued 2/25/2025 Begin Construction 4/1/2025 v°� Begin Lease-up 6/1/2026 Issued Certificate of Occupancy 8/1/2026 a, c 0 FUNDING RATIONALE M 0 The Executive Board supports the intent of this application for the following reasons: Q LL U • The project has been awarded significant financial contributions from King County, State Department = of Commerce (Housing Trust Fund),Amazon, and was awarded $1,093,308 from SKHHP in the 2022 = funding round. Additionally,the project received a 9% bond allocation in the 2024 funding round Y through the Washington State Housing Finance Commission. • The project is ready to begin construction in the first half of 2025. s c� Page 4 of 23 a Packet Pg. 37 8.C.a • The sponsor's partnership with Mary's Place demonstrates a commitment to serving households = 0 experiencing homelessness and will develop a pipeline of permanent housing for Mary's Place clients. 0 0 • Project-based vouchers have been secured which increases the financial stability of the project. _ d • 75%of the units will be constructed using advanced universal design principals. • The project includes set-asides for four-bedroom units which are greatly needed to serve larger 0 families. a • The project strongly aligns with SKHHP Housing Capital Fund adopted priorities including: collaboration o with local community-based organizations, connections and direct experience with populations the project is proposing to serve, addressing the needs of populations most disproportionately impacted by housing costs, advancing economic opportunity due to its proximity to transit and other amenities, Ui L providing rental housing for individuals and families earning 0-30%AM] and incorporating supportive ,o services, and the leverage of private and public investment. U' c • The site has convenient access to transit, shopping, and services. E m m L PROPOSED CONDITIONS Q W. Standard conditions apply to all projects and are included as Attachment 3 at the end of this memo. 0 0 Special Conditions m 1. SKHHP will provide project funds to the Contractor in the form of a deferred,contingent, w forgivable loan. Loan terms will account for various factors, including loan terms from other fund sources and available cash flow. Final loan terms shall be determined prior to release of N •L funds and must be approved by SKHHP staff.The loan will be secured by a deed of trust :E recorded against the development property to ensure that Contractor maintains the project's a affordability and target population. Contractor shall not be required to repay the loan so long c as it maintains these project requirements. 0 w aD 2. Timeframe for funding commitment.The funding commitment continues for thirty-six(36) months from the date of Council approval of original award and shall expire thereafter if all04 M ti conditions are not satisfied. An extension may be requested to SKHHP staff no later than sixty (60) days prior to the expiration date. At that time,the Contractor will provide a status report = 0 on progress to date and expected schedule for start of construction and project completion. The SKHHP Executive Board will consider a twelve-month extension only on the basis of 0 documented, meaningful progress in bringing the project to readiness or completion. At a minimum,the Contractor will demonstrate that all capital funding has been secured or is likely to be secured within a reasonable period of time. o M 0 3. Project description of original award from 2022 funding round will be replaced by current ° description of the project. Previous funding award shall be combined with current LL recommended award but will retain eligibility of use under RCW. 82.14.540. _ a x 4. At least 34 of the housing units shall be set-aside for families with children exiting = Y homelessness who earn no more than 60%AMI and 18 of the housing units shall be set-aside co for households with a physical disability who earn no more that 60%AMI. Use of funds and population eligibility must be in-alignment with RCW 82.14.530 for 2024 award. E c� Page 5 of 23 a Packet Pg. 38 8.C.a 5. SKHHP funds shall be used solely for new construction, unless otherwise approved by SKHHP staff. 0 x 6. A covenant is recorded ensuring affordability for at least 50 years with size and affordability d distribution per the following table. Changes may be considered based on reasonable -a L justification as approved by SKHHP. ,o Q AMI 1-bedroom 2-bedroom 3-bedroom 4-bedroom Total Units 0 30% 6 14 5 3 28 0 50% 30 11 7 -- 48 60% 7 4 3 -- 14 LL Manager Units 1 -- -- -- 1 c Total Units 44 29 15 3 91 c m E m m L Q W O 0 rt+ V K W �N �i O t 3 Q C 0 r O 0 N O M ti N ! a 0 O 0 N d N C M 0 O Q U- U x a x x Y CO c m E s v c� Page 6 of 23 a Packet Pg. 39 8.C.a 2. TWG Development- Pandion at Star Lake Funding request: $2,000,000 = d Executive Board recommendation: $770,000(loan) M L Address: 2526 S 272nd St., Kent, WA 98032 Q PROJECT SUMMARY 0 c Pandion at Star Lake is a 251-unit multifamily, mixed-use rental project in Kent located adjacent to the Kent/Star Lake Link light rail station.The project will support households earning between 30%AMI and U_ 80%AMI.47 units will support households up to 80%AMI.The project has been proposed as a 4% Low c Income Housing Tax Credit(LIHTC) development.The project secured an award from SKHHP in the 2023 Housing Capital Fund funding round totaling$1,170,000, although the project was modified for the 2024 funding round.The project did not secure the needed public and private funds in 2024 to move forward towards beginning construction.The timeline for beginning construction has been moved out until funds Q can be secured to fill a $30 million gap. SKHHP's awards will assist the project in future applications to c funders. c This transit-oriented development(TOD) project will provide a mix of studio, one-,two-, and three- bedroom units.The project will include ground floor commercial space consisting of a K-12 learning x w center for low-income children operated by the Renton-based STEM Paths Innovation Network (SPIN). The property was purchased by the developer in December 2022.The project is a six-story building with N five stories of affordable housing over one story of commercial space which also includes ten units of 0 housing at the residential lobby level, plus basement level parking. Q c The 251 units includes 163 units for the general population, 59 units for families with children, and 29 0 r units for families with children that require permanent supportive services and are at-risk of being 0 0 homeless. 24 units would be accessible units.The project includes 92 studios, 71 1-bedrooms, 36 2- Q bedrooms, and 52 3-bedrooms. M ti 29 units of the project are eligible for HB 1590 funds which includes those units for families with 04 children at-risk of homelessness and require permanent supportive services who earn up to 30%AMI. r_ Those units would be served by Vision House which would provide on-site supportive services. Of the 2 29-units, 20-units would be 2-bedroom units and 9-units would be 3-bedroom units to accommodate 0 w families. FUNDING RATIONALE 0 The Executive Board supports the intent of this application for the following reasons: M 0 • The project secured a prior funding award from SKHHP and additional funds will assist the Q project to leverage other funding sources. v x • The project is located adjacent to the future Kent/Star Lake Link light rail station and has Q, convenient access to transit, schools,grocery stores, and services. _ • The construction start date is anticipated farther out than other projects and the sponsor may have more time to secure the additional funds than other recommended projects prior to beginning construction. E s c� r Page 7 of 23 a Packet Pg. 40 8.C.a • The project has strong partnerships with Vision House who will provide on-site supportive N services for 29 families with children and SPIN who will operate a K-12 learning center in the o commercial space. x • The project will support 29 families with children at-risk of homelessness. M • The project is large and will provide a high number of affordable units near areas with high c displacement risk potential. a • The project sponsor has been in close communication with the City of Kent on project feasibility c and zoning requirements since the property was purchased in December 2022. • The project sponsor has agreed to voluntarily meet the design standards for properties zoned as 'Midway Transit Community,' which is a higher degree of development than what is required 'L under general mixed-use commercial standards for the City of Kent. ° N • The project strongly aligns with SKHHP Housing Capital Fund adopted priorities including: being c m a transit-oriented development(TOD) project, collaboration with local community-based E m organizations, addressing the needs of populations most disproportionately impacted by housing costs, advancing economic opportunity due to its proximity to the future Link light rail Q w station and other amenities, and providing rental housing for individuals and families earning 0- C 30%AMI and incorporating supportive services. g PROPOSED CONDITIONS K w Standard conditions apply to all projects and are included as Attachment 3 at the end of this memo. c N i Special Conditions t 1. SKHHP will provide project funds to the Contractor in the form of a deferred, 1% a interest, non-forgivable loan to the LIHTC partnership. The form of the funds are c r subject to change, but shall be agreed upon prior to contract execution. Loan terms will Z 0 account for various factors, including loan terms from other fund sources and available U) cash flow. Final loan terms shall be determined prior to release of funds and must be approved by SKHHP staff.The loan will be secured by a deed of trust recorded against ti N the development property to ensure that Contractor maintains the project's affordability and target population. _ 0 w 2. Timeframe for funding commitment.The funding commitment continues for thirty-six w (36) months from the date of Council approval of original award and shall expire thereafter if all conditions are not satisfied. An extension may be requested to SKHHP staff no later than sixty(60) days prior to the expiration date.At that time, the c Contractor will provide a status report on progress to date and expected schedule for c start of construction and project completion.The SKHHP Executive Board will consider a Q twelve-month extension only on the basis of documented, meaningful progress in v bringing the project to readiness or completion. At a minimum,the Contractor will x demonstrate that all capital funding has been secured or is likely to be secured within a = reasonable period of time. Y c m E s c� r Page 8 of 23 a Packet Pg. 41 8.C.a 3. Project description of original award from 2023 funding round will be replaced by = current description of the project. Previous funding award shall be combined with c current recommended award. x d 72 M 4. At least 29 housing units of the total shall be set-aside for families with children at-risk 0 of homelessness who earn no more than 30%AMI per the requirements of RCW a 82.14.530 and the U.S. Department of Housing and Urban Development's definition of c "at-risk of homelessness." =a _ 5. SKHHP funds shall be used solely for new construction, unless otherwise approved by LL L SKHHP staff. ,o N _ 6. A covenant is recorded ensuring affordability for at least 50 years with size and E affordability distribution per the following table. Changes may be considered based on L reasonable justification as approved by SKHHP. a' Q w AMI Studio 1-bedroom 2-bedroom 3-bedroom Total Units O 30% -- -- 20 9 29 0 50% 52 41 1 20 114 60% 23 17 8 13 61 w 80% 17 13 7 10 47 Total Units 92 71 36 52 251 N •L O t Q _ O r 0 w a� c� ti N ! _ O O O N d N _ M V O Q LL U x a x x Y _ m E s v c� r Page 9 of 23 a Packet Pg. 42 8.C.a 3. Multi-Service Center-White River Apartments ° Funding request: $975,939 = d Executive Board recommendation: $775,000 (grant) M L Address: 1301 31st St SE, Auburn, WA Q PROJECT SUMMARY ° c The White River Apartments is a multifamily, preservation and rehabilitation 24-unit rental project in Auburn.The building was constructed in 1978 and the nonprofit Multi-Service Center took over U_ ownership in 2000.The project consists of 24 two-bedroom, one-bathroom units in active use which c includes three units serving households earning up to 30%AMI, sixteen units at 45%AMI, and five units at 80%AMI.The 80%AMI units are currently occupied by households earning less than 60%AMI and those units would shift to income restricted up to 60%AMI once funding is awarded.The project would not displace current residents. Q w SKHHP funds are requested to support the rehabilitation of the 24 units including: siding replacement, ° _ site lighting, parking lot improvements including curbs and seal coating, replacing domestic hot water ° tanks in all units, re-grading areas adjacent to siding and replacement of exterior entry doors. This a� project previously applied to SKHHP's 2023 funding round. x w am The project is located within walking distance of a bus route that connects to the Auburn Transit Center N and Sounder Commuter Rail Station. South Auburn Elementary School, Game Farm Park, and Ballard o Park are within 0.5 mile of the project.A grocery store is located one mile from the project. t Q PROJECT SCHEDULE c Activity Date Site Control 1/1/1996 0 Building Permit Issued End of 2025 Begin Rehabilitation and Renovation End of 2025 End Rehabilitation and Renovation End of 2025 � a FUNDING RATIONALE ° w ° 0 The Executive Board supports the intent of this application for the following reasons: w a� • The property is in need of rehabilitation to support the health and safety of the residents. • The project is made up of 2-bedroom units to support larger household sizes. o • 79%of the households at White River Apartments earn no more than 45%AMI. 0 • The property is close to parks, an elementary school, and transit access to the Auburn Transit 0Q Center and the Auburn Sounder train station. LL U • The project includes a fenced play area with an accessible ramp into the play yard with recently = installed play equipment. _ • Limited SKHHP funds available this funding round required a partial award which will still allow Y co most of the residential building rehabilitation to move forward. c m E s c� r Page 10 of 23 a Packet Pg. 43 8.C.a • There are limited funding sources available for preservation and rehabilitation—SKHHP is the N only funder on this project.The focus for larger public funders has historically been on creating c new units of affordable housing. Smaller preservation projects like this one are not as competitive against larger preservation projects competing for the same funds. The project M applied for funding in earl 2024 to the State Department of Commerce Housing Trust Fund and pp g Y p g c SKHHP provided a letter of support, but was not successful in securing funding at that time. a • The rehabilitation will not displace current residents. o • Preservation and rehabilitation of affordable housing is a high-priority for SKHHP. c • The project strongly aligns with SKHHP Housing Capital Fund adopted priorities including: the c project sponsor's community connection and engagement with the populations they intend to U_ serve, advancing racial equity, addressing the needs of populations most disproportionately ° N impacted by housing costs, advancing geographic equity of the Housing Capital Fund, providing rental housing for extremely-low income households, and preservation. E • Multi-Service Center is a well-established South King County-based nonprofit that owns and operates over 650 units of affordable housing. Q w • Multi-Service Center's housing programs have a history of serving BIPOC community members o with 45%of residents of Multi-Service Center properties identifying as BIPOC. 0 PROPOSED CONDITIONS K w Standard conditions apply to all projects and are included as Attachment 3 at the end of this memo. c N i Special Conditions t 1. SKHHP will provide project funds to the Contractor in the form of a secured grant with a no repayment. Final Contract terms shall be determined prior to release of funds and c r must be approved by SKHHP staff.The grant will be secured by a deed of trust recorded z 0 against the property to ensure that Contractor maintains the project's affordability and U) target population. Contractor shall not be required to repay the grant so long as it maintains these project requirements. ti N ! 2. Timeframe for funding commitment.The funding commitment continues for thirty-six = 0 (36) months from the date of Council approval and shall expire thereafter if all conditions are not satisfied. An extension may be requested to SKHHP staff no later than w sixty(60) days prior to the expiration date. At that time, the Contractor will provide a status report on progress to date and expected schedule for start of construction and project completion.The SKHHP Executive Board will consider a twelve-month extension c only on the basis of documented, meaningful progress in bringing the project to 0 readiness or completion. At a minimum,the Contractor will demonstrate that all capital Q funding has been secured or is likely to be secured within a reasonable period of time. v x 3. SKHHP funds shall be used solely for the rehabilitation of the property and may include = the following, unless otherwise approved by SKHHP staff: Y a. Landscaping improvements b. Seal coating and restriping the parking lot c� r Page 11 of 23 a Packet Pg. 44 8.C.a c. Site lighting improvements d. Recoating breezeways and replacing railings c e. New siding f. Exterior paint 2 g. Replacing gutters and downspouts 0 h. Replacing unit entry doors and install metal screen doors a i. Replace in-unit and laundry water heaters c c 4. SKHHP funds shall be prioritized to support building improvements- parking lot improvements shall not be funded in favor of residential building rehabilitation. Ui L 0 5. SKHHP and Contractor shall agree to the specifics on what will be funded prior to executing a contract to ensure eligibility of expenses in alignment with RCW 82.14.540 m E and to mitigate cost-overruns. L Q 6. A covenant is recorded ensuring affordability for at least 50 years with size and c affordability distribution per the following table. Changes may be considered based on c reasonable justification as approved by SKHHP. m AMI 2-bedroom Total Units w units c 30% 3 3 N •L 45% 16 16 t 60% 5 5 Q Total Units 24 24 c r 7. Should cost overruns occur that require funds above SKHHP's contribution, sponsor will w work towards filling the funding need through their capital budget process or seeking funds through other sources. ch ti N ! C O O O N d N C M V O Q u_ U 2 a x x Y CO c m E s v c� r Page 12 of 23 a Packet Pg. 45 8.C.a 4. Habitat for Humanity Seattle-King& Kittitas Counties-Burien Miller Creek Funding request: $1,300,000 = d Executive Board recommendation: $555,000 (grant) M L Address: 511 S 1361" St Burien, WA 98168 Q PROJECT SUMMARY 0 c Burien Miller Creek is a 40-unit homeownership project in Burien.The project is comprised of three-and four-bedroom homes for purchase: 20 units for households earning an average 50%AMI and 20 units L? for households earning up to 80%AMI. The project is currently under construction and SKHHP awarded c the project$300,000 in the 2022 funding round which has been requested to support the construction of five units for households earning an average of 50%AMI not to exceed 60%AMI. All homebuyers must have lived in King County for a least one year and 25%of the homes are reserved for households with a connection to the community—being defined as within two miles from the project. Q w The project will provide permanent affordability through the execution of a ground lease upon sale of 0 _ the home. Habitat will have the Right of First Option to buy the home at an appreciated rate of 1.5% per 0 year. When the home is resold,the price is set at the cost of acquisition and any rehab needed, allowing m the home to be affordable to low-and moderate-income buyers in perpetuity. Habitat requires that the x w home must be the buyer's primary residence and must be owner occupied for the life of the home.The buyer's housing costs will be kept at or below 35%of gross household income. N •L 0 The project has secured awards totaling$23 million and reports a funding gap of$3.3 million. The t funding gap is due to increased construction costs, higher interest rates on construction loans, and Q c lower mortgage revenue due to Habitat's commitment to serve families at lower AMIs in this 0 r development. 0 0 w a� PROJECT SCHEDULE c� Activity Date N Site Control 3/26/2021 Building Permit Issued 3/24/2023 w0 Begin Construction 11/08/2022 0 0 End Construction 2/1/2026 w a� Full Occupancy 6/30/2026 c 0 FUNDING RATIONALE M 0 The Executive Board supports the intent of this application for the following reasons: Q u_ • Homeownership is a high priority for SKHHP. _ • Over$7 million has been invested in the site and over$23 million has been committed. °' x • Historically, out of the total number of households the sponsor has served, 65% identify as Y BIPOC families. • Habitat has implemented a community preference policy to help guide homeowner selection. All applicants must have been residents of King County in the past year and 25%of the homes s c� r Page 13 of 23 a Packet Pg. 46 8.C.a are reserved for those with a connection to the community (being defined as within a 2-mile = radius of the project site). 0 • The project began vertical construction in October 2024 and is fully permitted. x • Every homebuyer will have a sale price and mortgage set at no more than 35% of their M household income based on household size. c • Limited funds available from SKHHP required a partial award to be made to balance the need of a other priority projects with consideration of geographic equity. o • SKHHP awarded this project $300,000 in the 2022 funding round. Habitat reports a funding gap due to construction cost overruns and interest rates impacting the mortgages at the AMI levels they wanted to serve. SKHHP funds will help the project close the gap and enable them to serve U_ the lower AMI households they have committed to serve. ° N • The 32 3-bedrooms and 8 4-bedrooms spread across 10 buildings will provide badly needed larger, family sized homes. E m • The project was approved for participation in the City of Burien affordable housing demonstration program. Q w • The project strongly aligns with SKHHP Housing Capital Fund adopted priorities including: the 0 project sponsor's community connection and engagement with the populations they intend to 0 serve, advancing racial equity, addressing the needs of populations most disproportionately m impacted by housing costs, leverage of public and private funds, and homeownership. x w os _ N i PROPOSED CONDITIONS 0 t 0 Standard conditions apply to all projects and are included as Attachment 3 at the end of this memo. a _ 0 Special Conditions 0 1. SKHHP will provide project funds to the Contractor in the form of a secured grant with Q no repayment. Final Contract terms shall be determined prior to release of funds and M must be approved by SKHHP staff.The grant will be secured by a deed of trust recorded N against the property to ensure that Contractor maintains the project's affordability and target population. Contractor shall not be required to repay the grant so long as it wo maintains these project requirements. 0 0 w W 2. Timeframe for funding commitment.The funding commitment continues for thirty-six (36) months from the date of Council approval of original award and shall expire c thereafter if all conditions are not satisfied. An extension may be requested to SKHHP M staff no later than sixty(60) days prior to the expiration date. At that time, the 0 Contractor will provide a status report on progress to date and expected schedule for Q start of construction and project completion.The SKHHP Executive Board will consider a v twelve-month extension only on the basis of documented, meaningful progress in = a bringing the project to readiness or completion. At a minimum,the Contractor will x x demonstrate that all capital funding has been secured or is likely to be secured within a Y reasonable period of time. m E s c� r Page 14 of 23 a Packet Pg. 47 8.C.a 3. Project description of original award from 2022 funding round will be replaced by current description of the project. Previous funding award shall be combined with c current recommended award. _ d 72 M 4. The recommended $300,000 (2024) from general fund contributions shall support the c development of five (5) housing units at an average 50%AMI on initial sale (among the a 20 units with an average 50%AMI restriction) and be permanently restricted at 70% o AMI upon resale. c =a C 5. The recommended $255,000 (2024) and the previously awarded $300,000 (2022) shall U- L support the development of five (5) units at an average 50%AMI on initial sale (among .° the 20 units with an average 50%AMI restriction) and be permanently restricted not to exceed 60%AMI upon resale. E m m L 6. SKHHP funds shall be used solely for new construction, soft costs, or other development Q costs, unless otherwise approved by SKHHP staff. o C O a� x Lu as C N i O t 3 Q C O r O O N O M ti N ! C O O O N d N C M V O Q LL U 2 a x x Y c m E s v c� r Page 15 of 23 a Packet Pg. 48 8.C.a ATTACHMENT 1: Economic Summaires of Recommended Projects Project: Mercy Housing Northwest-Burien Family Housing = d Proposed Funding Sources by Amounts and Status M L Funding source Proposed Amount Status SKHHP(2024) $2,000,000 Recommended Q SKHHP(2022) $1,093,308 Committed 0 4%LIHTC Equity $9,405,093 Committed c 9%LIHTC Equity $13,446,619 Committed State HTF $4,000,000 Committed - u_ King County(2023) $6,000,000 Committed 0 Permanent Amortizing Loan $5,892,060 Committed y Amazon HEF Loan $9,500,000 Committed m Mercy Loan Fund $999,999 Committed E Land Contribution $1,800,000 Committed Deferred Developer Fee $1,011,384 Committed Q National Housing Trust Fund $1,000,000 Committed 0 King County 2024/CHIP Pass Thru $1,900,000 Committed a 0 TOTAL $58,048,463 v m K w Proposed Use of Funds and Total Residential Cost Per Unit 04 c Proposed use Amount Per Unit i Acquisition $1,820,000 -- Construction $42,217,570 -- Q Soft Costs $8,634,716 -- c Other Development Costs $5,376,177 -- TOTAL $58,048,463 $637,895 p a� Residential Cost Per Square Foot c� ti N Item Amount Residential square footage 86,543 0 Residential development cost $58,048,463 Z Cost per square foot $670.75 0 d Residential Cost Per Unit Based on Unit Size N c 0 Unit Size Number of Units Unit Square Cost per Unit M Footage _0 Average 1-bedroom 44 526 $352,813 Q LL Average 2-bedroom 29 788 $528,549 U Average 3-bedroom 15 1062 $712,333 = Average 4-bedroom 3 1291 $865,934 2 Common area and other residential spaces, _ -- 20,380 $13,669,825 Y including parking � c m E s v c� r Page 16 of 23 a Packet Pg. 49 8.C.a a� Project:TWG—Pandion at Star Lake = .N Proposed Use of Funds and Total Residential Cost Per Unit = d Proposed use Amount Per Unit 0 Acquisition $6,207,361 0 Construction $87,306,025 -- Q Soft Costs $15,032,371 -- o Construction Financing $9,298,009 -- Other Development Costs $8,876,434 -- _ TOTAL $126,720,200 -- TOTAL NON-RESIDENTIAL $4,413,357 -- LL L TOTAL RESIDENTIAL(includes common areas) $122,306,843 $487,278 0 y w c m Residential Cost Per Square Foot E a� a� L Item Amount Q Residential square footage 278,255 0 Residential development cost $122,306,843 0 Cost per square foot $439.55 U d X Residential Cost Per Unit Based on Unit Size W c Unit Size Number of Units Unit Square Cost per Unit N •L Footage 0 Average Studio 92 415 $182,413 Q Average 1-bedroom 71 650 $285,707 Average 2-bedroom 36 926 $407,023 0 Average 3-bedroom 52 1,139 $500,647 0 Common area and other residential spaces, -- 107,767 $47,368,930 including parking r� ti N C Project: Multi-Service Center—White River Apartments Proposed Funding Sources bV Amounts and Status d Funding source Proposed Amount Status w SKHHP(2024) $975,939 Recommended 0 TOTAL M U O Proposed Use of Funds and Total Residential Cost Per Unit Q u_ Proposed use Amount Per Unit = Rehabilitation $747,939 _ Rehabilitation Contingency $150,000 2 Soft Costs $50,000 Y U) Other Development Costs $28,000 - TOTAL $975,939 $40,664 0 s U f� Page 17 of 23 a Packet Pg. 50 8.C.a a� Project: Habitat for Humanity Seattle-King& Kittitas Counties- Burien Miller Creek = .N Proposed Funding Sources by Amounts and Status = d Funding source Proposed Amount Status SKHHP(2022) $300,000 Committed SKHHP(2024) $550,000 Recommended 0 King County $3,547,282 Committed Q HTF $3,125,000 Committed a� CHIP $1,934,500 Committed = HUD $850,000 Committed HTF Unit Subsidy(2024) $1,000,000 Committed LL L Construction Financing $12,562,607 Committed ,o Habitat for Humanity $2,324,297 Committed w TOTAL $26,193,686 a� a� L Proposed Use of Funds and Total Residential Cost Per Unit Q O Proposed use Amount Per Unit c Acquisition $2,086,758 $52,169 O Construction $20,931,597 $523,290 Soft Costs $1,906,163 $47,654 x w Other Development Costs $1,269,168 $31,729 0) TOTAL $26,193,686 $654,842 = N O t w Residential Cost Per Square Foot 3 a Item Amount g Residential square footage 54,662 0 Residential development cost $26,193,686 Cost per square foot $479.19 N) ti N C O 7 O N d N C O U O Q LL U x a x x Y N c a� s U f� Page 18 of 23 a Packet Pg. 51 8.C.a ATTACHMENT 2: Summary Changes of SKHHP Awarded Projects that Reapplied Project: Mercy Housing Northwest-Burien Family Housing = d Project changes between the awarded project from the 2022 SKHHP funding round and the 2024 M application are as follows: c 2024 2022 Changes c Populations 34—families with children 35—families with • Fewer units for 01 c served exiting homelessness children exiting families with children 16—families with children homelessness • Added units for 18—households with a 54—families with households with a c physical disability children disability and general y 22—general population population Total units 91 89 • One unit added for an E m on-site manager • One additional Q affordable unit o AMI 0-60% 0-60% . No change o AMI/unit 0-30%-28 0-30%-35 • More 50% units and count 30-50%-48 30-50%-28 fewer 30% and 60% x 50-60%- 14 50-60%-26 units w as LIHTC 4%/9% 4% . Added 9% LIHTC N Cost $59.7m $47.4m • Higher budget o t Q c O r 0 w a� o: c� ti N ! a O O O N d N C M V O Q LL U 2 a x x Y c m E s v c� r Page 19 of 23 a Packet Pg. 52 8.C.a Project:TWG—Pandion at Star Lake = Project changes between the 2023 awarded project and the 2024 application are as follows: _ d 2024 2023 Changes M Number of 1 2 • Modified from 2 c buildings buildings to 1 a Populations 163 units-general Building 1: No seniors at 80-100% o served population 109 units-general population AMI 59 units-families 30 units-families with children . No families that are _ with children 25 units-families with children transitioning out of LL 29 units-families that require permanent homelessness o with children that supportive services and who are . No IDD units require permanent transitioning out of homelessness . Larger number of general supportive services or are at-risk of homelessness population units in lower E and are at-risk of 4 units- households with I/DD income building a, being homeless Building 2: . More units for families w 173 units—seniors earning 80- with children o 100%AMI o Total units 251 341 (168 and 173) • 90 fewer units AMI 0-80% 0-100% • No80-100%AMI units w AMI/unit 0-30%-29 0-30%-29 . Number of 0-30% units aM count 30-50%- 114 30-50%-97 unchanged N 50-60%-61 50-60%-42 . More 30-60% units o t 60-80%-47 80-100%- 173 . Added 80% units • Removed 80-100% units Q _ LIHTC 4% 4%/9% • Not applying for 9% 2 LIHTC c w a� c� ti N ! _ O O O N d N _ M V O Q LL U x a x x Y _ m E s v c� r Page 20 of 23 a Packet Pg. 53 8.C.a Project: Habitat for Humanity Seattle-King& Kittitas Counties-Burien Miller Creek Project changes between the awarded project from the 2022 SKHHP funding round and the 2024 = application are as follows: M 2024 2022 Changes c Number of 10 10 • No change a buildings o Populations Homebuyers with Homebuyers with • No change c served connection to the connection to the c community community Li Total units 40 Phase 1—20 units • Removed Phase 1 and o Phase 2—20 units 2 and are considering the project a single project. m AMI 20 units-average of 50% Phase 1 (20 units)—up to • Changed from 20 a, AMI 50%AMI units at 50%AMI to Q 20 units-80%AMI Phase 2 (20 units)—80% an average 50%AMI a AMI c Cost $26.2m $8.4m (First 20 units only) • Higher development m cost x w SKHHP Request: $1.3m for 20 $300k applied to 20 units up . Request to fund fewer funding units at average 50%AMI. to 50%AMI >$300k applied of the 20 total units. N request to 20 units at average 50% Total project units t Recommended: Partial AMI >$300,000 applied to 5 unchanged. award of$300,000 (GF) units at average 50%AMI for 5 units at average 50% O r AMI with resale up to 70% c AMI &$255,000 for 5 U) units at average 50%AMI with resale up to 60%AMI ti N ! C O O O N d N C M V O Q LL U x a x x Y c m E s v c� r Page 21 of 23 a Packet Pg. 54 8.C.a ATTACHMENT 3: Standard Conditions for Funding 1. Contractor shall provide SKHHP with development and operating budgets based upon = actual funding commitments for approval by SKHHP staff. Contractor must notify 2 SKHHP staff immediately if it is unable to adhere to these budgets and must submit new -aL budget(s)to SKHHP staff for approval. SKHHP staff shall not unreasonably withhold its approval of these budget(s), so long as they do not materially or adversely change the a Project. This shall be a continuing obligation of the Contractor, and shall survive the transfer or assignment of the Contract. Contractor's failure to adhere to budgets(either original or new/amended) may result in SKHHP's withdrawal of its funding commitment. LL Contractor must prepare and submit final budgets to SKHHP at the time it starts project c construction and at the project's completion. y c 2. Contractor shall submit to SKHHP evidence of funding commitments from all proposed E public and private funding sources. If Contractor cannot secure an identified m commitment within an application's time frame, Contractor shall immediately notify Q SKHHP staff and describe its anticipated actions and time frame for securing alternative 0 funding. 0 3. Contractor shall use SKHHP provided funds toward specific project costs as included in the Contract and consistent with RCW 82.14.540 and/or 82.14.530, as applicable. w Contractor may not use SKHHP funds for any other purpose unless SKHHP staff c authorizes such alternate use in writing. If budget line items with unexpended balances o exist after completion of the project, SKHHP and other public funders shall approve adjustments to the project capital sources (including potential reductions in public fund a loan balances). 0 r 4. Contractor shall evaluate and consider maximizing sustainability features for the Project 0 (such as an efficient building envelope and heat pumps) and shall propose a plan to maximize the Project's sustainability. ti N 5. Contractor shall use and document an open and competitive bidding process (consisting of at least three bids) for construction and related consultant services associated with c the project, regardless of the source of funds used to pay their costs. Contractor shall pay RCW 39.12 prevailing wages in all projects funded by SKHHP that include U) a� construction activities, unless federal funds awarded to the project mandate use of federal prevailing wage rates. 0 6. If Contractor uses federal funds toward the Project, it must meet applicable federal M guidelines, including but not limited to: contractor solicitation; bidding and selection; c wage rates; and federal laws and regulations. Q U- U 7. Contractor shall maintain documentation of any necessary land use approvals, permits, _ a and licenses required by the jurisdiction in which the project is located. _ Y 8. Contractor shall submit to SKHHP project monitoring reports quarterly through its completion of the project,and annually thereafter. Contractor shall submit a final E s c� r Page 22 of 23 a Packet Pg. 55 8.C.a budget to SKHHP upon project completion. If applicable, Contractor shall submit initial tenant information as required by SKHHP. 0 x 9. Contractor is required to provide SKHHP with quarterly status reports for projects funded through SKHHP's Housing Capital Fund during the project's development stage -aL (from the time funds are awarded until the project's completion and occupancy). These quarterly reports must include at a minimum the status of funds expended and progress a to date. SKHHP will rely on these quarterly reports to determine whether Contractor is making satisfactory progress on the project. c 10. SKHHP may inspect the project site during the project's construction. U- 0 11. After occupancy,the Contractor will submit annual reports to SKHHP summarizing the number of project beneficiaries, housing expenses for the target population, and the proportion of those beneficiaries that are low-and/or moderate-income and that meet other eligibility criteria established in the Contract. In addition,the Annual Report shall a, include certifications to SKHHP that it is in compliance with the Covenant,which shall w 0 include the most current occupancy information, rent schedule (showing which Units c are in each income class), a calculation justifying any increases in rents from the previous rent schedule, consistent with the Covenant and the Contract, and the actual rents being charged to each unit. SKHHP shall have the right to review rents for w compliance and approve or disapprove them every year. In the event the Contractor c submits annual certifications to satisfy the reporting requirements of multiple funders, o Contractor will designate and report all units at the income class required by the most t restrictive funder as well as the classification for purposes of the Covenant and this a Contract.The Contractor shall also include with such certification any changes in the o r management policies for the Property and such other information covering the prior M 0 calendar year as SKHHP may request by notice at least ninety (90) days in advance of the w a� due date, and with such accompanying documentation as SKHHP may request.The Annual Reports shall be submitted by June 30 of each year and will be required for the04 ti full duration of the Affordability Period. SKHHP will also periodically evaluate all projects !T_ for long term sustainability. c w 12. For rental projects, Contractor shall maintain the project in good and habitable 0 condition for the duration of its affordability term. 13. SKHHP shall reimburse the Contractor for satisfactory completion of the requirements specified in the Contract and upon Contractor's submission to SKHHP of invoices and 0 supporting documentation of eligible expenses. 0 14. SKHHP shall retain 5%of the funding award ("retention") and shall release the retention < LL only after construction is complete and all other obligations outlined in the contract v x have been satisfied. a x x 15. A covenant is recorded ensuring affordability for at least 50 years,with unit size, CO number of units, and affordability distribution established prior to executing Contract. c m E s c� r Page 23 of 23 a Packet Pg. 56 8.D KENT DATE: March 18, 2025 TO: Kent City Council SUBJECT: Agreement with EarthCorps for Mill Creek Canyon Trail Repair 2025 - Authorize MOTION: I move to authorize the Mayor to sign the Agreement for park trail restoration services with EarthCorps, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Since 2021, the Parks Department has been working jointly with EarthCorps to make repairs and revitalize the trail system at Mill Creek Canyon Park. This contract will continue this effort and make further repairs and upgrades to the trail system. EarthCorps will be paid an amount up to $185,914.56 for this work. BUDGET IMPACT: Expense impact to the Mill Creek Canyon Trail Renovation Capital Budget SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Agreement with EarthCorps (PDF) 03/04/25 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 3/18/2025 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner Packet Pg. 57 8.D.a • KENT W Q S H 1 N G T O N AGREEMENT FOR PARK TRAIL RESTORATION SERVICES Q� N O between City of Kent and EarthCorps a THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation N (hereinafter the "City"), and EarthCorps, a Washington public benefit corporation, located and doing N business at 6310 NE 74th Street, Suite 201E, Seattle, WA 98115 (hereinafter the "Contractor"). L a AGREEMENT The parties agree as follows: _ O I. DESCRIPTION OF WORK. _ ca U The Contractor shall perform the following services for the City in accordance with the following ie described plans and/or specifications: L U As described in the attached exhibit A, incorporated herein, contractor shall c complete trail reinforcements, the construction of new loop trails, and on going N maintenance of the main trail within Mill Creek Canyon Park. a L O U The Contractor further represents that the services furnished under this Agreement will be performed w in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. 3 .r This Agreement is being entered into pursuant to RCW 35.21.278 and RCW 79A.35.130, which allows E the City to enter into contracts with community service organizations to provide maintenance improvements to parks, surface water facilities, and environmentally sensitive areas without regard to competitive bidding a for public works, or statutory rates of compensation for environmental and trail maintenance work performed by conservation corps programs offered by nonprofit organizations affiliated with a national service ti organization established under the authority of the National and Community Service Trust Act of 1993, P.L. IN 103-82. Contractor represents and affirms that the work it is performing under this Agreement meets the w exceptions provided for by RCW 35.21.278 and RCW 79A.35.130. a L O U II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 30 calendar days after the City issues its Notice to Proceed. Upon the effective date w of this Agreement, all physical work shall thereafter be completed by 12/31/2025. The term of this s Agreement shall continue until all work has been completed, final acceptance has occurred, and all 3 Contractor obligations have been fulfilled. _ m III. COMPENSATION. L A. The City shall pay the Contractor, based on time and materials, a total amount not to a exceed $185,914.56 for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the E prior written authorization of the City in the form of a negotiated and executed amendment to this 0 Agreement. The Contractor agrees that the hourly or flat rate charged by it for its services contracted for w herein shall remain locked at the negotiated rate(s) for a period of one year from the effective date of this a Agreement. The Contractor's billing rates shall be as delineated in Exhibit A. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 1 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 58 8.D.a B. The Contractor shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Contractor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. Q N C. Card Payment Program. The Contractor may elect to participate in automated credit o card payments provided for by the City and its financial institution. This Program is provided as an alternative S to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily a participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. c N L IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Q Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: — L A. The Contractor has the ability to control and direct the performance and details of its c work, the City being interested only in the results obtained under this Agreement. >°, c ca B. The Contractor maintains and pays for its own place of business from which the Y Contractor's services under this Agreement will be performed. L U C. The Contractor has an established and independent business that is eligible for a = business deduction for federal income tax purposes that existed before the City retained the Contractor's L services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved a under this Agreement. o U t D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state w Department of Revenue. 3 .r E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor's business, and has aEi obtained a Unified Business Identifier (UBI) number from the State of Washington. L a� a F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. N v G. The Contractor maintains a set of books dedicated to the expenses and earnings of its a business. c U t V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon t providing the other party thirty (30) days written notice at its address set forth on the signature block of w this Agreement. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project, which may be used by the City without restriction. If the 3 City's use of the Contractor's records or data is not related to this project, it shall be without liability or legal exposure to the Contractor. aEi d L VI. CHANGES. The City may issue a written change order for any change in the Contract work a during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice m provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date Contractor E knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City a will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 2 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 59 8.D.a the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the N adjustment as provided in subsections A through E of Section VIII, Claims, below. o s The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate a acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for c contract time and for direct, indirect and consequential costs, including costs of delays related to any work, 4 either covered or affected by the change. Q a� VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure - in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or c delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent c to the other that at the time of signing this Agreement, they are able to perform as required and their v performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing Y state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to v the current pandemic. _ If any future performance is prevented or delayed by a force majeure event, the party whose ,o performance is prevented or delayed shall promptly notify the other party of the existence and nature of a the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be o effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. w s Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City 3 shall not be liable for, the payment of any part of the contract price during a force majeure event, or any m costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. E Performance that is more costly due to a force majeure event is not included within the scope of this Force L Majeure provision. a If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the cL extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its v obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. w s VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another 3 written order, or an oral order from the City, including any direction, instruction, interpretation, or = determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events N giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, a additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in E strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, a items 1 through 5 below. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 3 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 60 8.D.a FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following N information: o s 1. The date of the Contractor's claim; a 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; c 4. The estimated dollar cost, if any, of the claimed work and how that estimate was L determined; and Q 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. — L B. Records. The Contractor shall keep complete records of extra costs and time incurred as a c result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's >>, records needed for evaluating the protest. v The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. v No adjustment will be made for an invalid protest. _ L C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall -° proceed promptly to provide the goods, materials and services required by the City under this Agreement. a L 0 D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the s Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). w s E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this 3 .r section, the Contractor completely waives any claims for protested work and accepts from the City any ED written or oral order (including directions, instructions, interpretations, and determination). aEi m L IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT Q ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE Iq THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE N FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, the Contractor must provide the City a ac one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt w or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The 3 Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as E determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred L by the City in order to accomplish the correction. a' Q XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the E Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any a person who is qualified and available to perform the work to which the employment relates. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 4 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 61 8.D.a The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or N suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's o performance of this Agreement, except for that portion of the injuries and damages caused by the City's S negligence. a The City's inspection or acceptance of any of the Contractor's work when completed shall not be c grounds to avoid any of these covenants of indemnification. L a Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property - caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the c Contractor's negligence. ca IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION Y PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. _ L The provisions of this section shall survive the expiration or termination of this Agreement. a XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, o insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. s c� XIV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary s precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall 3 .r be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E d m L XV. MISCELLANEOUS PROVISIONS. Q A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its ti N contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. a L 0 B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the t covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those w covenants, agreements or options, and the same shall be and remain in full force and effect. 3 C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any E dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means L of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules a and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the m parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred E in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's a right to indemnification under Section XII of this Agreement. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 5 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 62 8.D.a D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. a� N E. Assignment. Any assignment of this Agreement by either party without the written consent o of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the S terms of this Agreement shall continue in full force and effect and no further assignment shall be made a without additional written consent. N O F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement L shall be binding unless in writing and signed by a duly authorized representative of the City and the Q Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative c of the City, and such statements shall not be effective or be construed as entering into or forming a part of c or altering in any manner this Agreement. All of the above documents are hereby made a part of this ca Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any Y language contained in this Agreement, the terms of this Agreement shall prevail. L U H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal = laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's L business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. a L 0 I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may w be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties 3 .r and obligations under the Public Records Act. E a) J. City Business License Required. Prior to commencing the tasks described in Section I, the L Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the a Kent City Code. ti N K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one 0 CL Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the c other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. w 3 E 0 d L Q yr E V .F+ Q AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 6 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 63 8.D.a IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: d N O By: By: Q Print Name: Print Name: Dana Ralph LO N O Its Its Mayor L Q. DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: °>. co Attn: Whitney Bowman Attn: Bryan Higgins Y EarthCorps City of Kent Parks, Recreation, 6310 NE 74t" Street, Suite 201E and Community Services Department t� Seattle, WA 98115 220 Fourth Avenue South = Kent, WA 98032 (206) 322-9296 (telephone) ° whitney@earthcorps.org (email) (253) 856-5113 (telephone) Q bhiggins@kentwa.gov (email) 0 s r ATTEST: APPROVED AS TO FORM: w s r 3 Kent City Clerk Kent Law Department d a� L Q N N Q L. 0 U t CU W s 3 c as E a� d L Q _ d E t V cc Q AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 7 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 64 8.D.a DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY Q N The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who a perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. o N L The City of Kent and its contractors are subject to and will comply with the following: a a� • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); _ 0 • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); L tU • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement = of Title VI of the Civil Rights Act of 1964). 0 • Ch. 49.60 RCW (Washington Law Against Discrimination) 0 v t The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and w Regulations". 3 .r The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of E all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined a below, it will be considered a breach of contract and it will be at the City's sole determination ti regarding suspension or termination for all or part of the Agreement. The statements are as follows: ? 0 U 1. I have read the attached City of Kent administrative policy number 1.2. w 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3 a� 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. a a) 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and E promotion of women and minorities. w a 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 65 8.D.a A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and Q generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they L may be amended from time to time, which are herein incorporated by reference and made a part of this contract. a B. Non-discrimination: The contractor, with regard to the work performed by it o during the contract, will not discriminate on the grounds of race, color, or national L origin in the selection and retention of subcontractors, including procurements of a materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 0, c �a C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including L) procurements of materials, or leases of equipment, each potential subcontractor or = supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the 4- grounds of race, color, or national origin. a 0 V D. Information and Reports: The contractor will provide all information and reports "t- required by the Acts and Regulations and directives issued pursuant thereto and will w permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the 3 Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information E required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the a Washington State Department of Transportation, as appropriate, and will set forth ti what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with c the non-discrimination provisions of this contract, the City will impose such contract U0 sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: w s a. withholding payments to the contractor under the contract until the 3 contractor complies; and/or a b. cancelling, terminating, or suspending a contract, in whole or in part. a� L F. Incorporation of Provisions: The contractor will include the provisions of a paragraphs (A) through (F) above in every subcontract, including procurements of a materials and leases of equipment, unless exempt by the Acts and Regulations and E directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of a Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 66 8.D.a direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and L authorities; including but not limited to: a Pertinent Non-Discrimination Authorities: N 0 N L i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), a (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination 0 on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, c 4- (prohibits discrimination on the basis of disability); and 49 CFR Part 27; a V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as w amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age L Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by a expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination c on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities w (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; 3 ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority a Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with E disproportionately high and adverse human health or environmental effects on minority and low-income populations; a xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 67 8.D.a includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et N L seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) Q 7. The submission of the final invoice for this contract will constitute a reaffirmation that the N 0 preceding statements were complied with during the course of the contract's performance. L By signing below, I agree to fulfill the five requirements referenced above. L By. o _ For: EarthCorps U Y d Title: U Date: L 0 N Q L 0 U t r L W t 3 d E d a� L Q N N Q L. 0 U t CU W s 3 c as E a� d L Q _ d E t V cc Q EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 68 8.D.a CITY OF KENT ADMINISTRATIVE POLICY Q NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 L 0 s a N SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 L a APPROVED BY Dana Ralph, Mayor W L POLICY: c 0 Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and Y suppliers of the City must guarantee equal employment opportunity within their organization and, 4) if holding Agreements with the City amounting to $10,000 or more within any given year, must L") take the following affirmative steps: L 0 1. Provide a written statement to all new employees and subcontractors indicating N commitment as an equal opportunity employer. o 2. Actively consider for promotion and advancement available minorities and women. w Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination 3 Policy Declaration, prior to commencing performance. a� Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract a and subject to suspension or termination for all or part of the Agreement. ti N Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following c duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these w regulations are familiar with the regulations and the City's equal employment opportunity 3 policy. _ a� 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. L Q yr E V .F+ Q EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 69 8.D.a d N LOCAL • • L O t EARTH CORPS � Q N GLOBAL • N L Q. NN� L Scope of Work: Mill Creek Canyon Washout Repair ca Y d d L U L 0 N Q L 0 U t r L w t Prepared for: 3 Bryan Higgins Parks Planning and Development 220 Fourth Ave South a, Kent, WA 98032 a Tel: 253-856-5113 ti N Email: BHiggins@kentwa.gov : Q. L. 0 U January 31st 2025 CU w EarthCorps 6310 NE 74th St, Suite 201E 3 c Seattle, WA 98115 www.earthcorps.org L Im Q EarthCorps © 2024 E s cc All rights reserved a Packet Pg. 70 8.D.a Scope of work:Mill Creek Canyon Trail Repair NARRATIVE SCOPE OF WORK N .I- 0 s Since 2020, EarthCorps and the City of Kent have collaborated to revitalize the Mill a Creek Canyon Trail within Mill Creek Earth Works Park. This year's scope of work will center on essential trail reinforcements, the construction of new loop trails, and N ongoing maintenance of the main trail. Following five years of dedicated cleanup, CL restoration, and trail repair efforts by the City of Kent, EarthCorps, and other project partners, we believe the revitalization project is now at a point where community — engagement through volunteer work parties is both feasible and valuable. c O It is crucial that we safely reintroduce the community to the canyon environment, fostering a deeper connection with this important natural resource. By inviting v community members to actively participate in the repair and upkeep of the Mill Creek Canyon Trail system, we not only empower individuals to take ownership of this shared c� space but also cultivate a sense of pride and stewardship. Engaging local residents in this effort will help ensure the long-term sustainability and vitality of the trail system, c strengthening the importance of collective responsibility in preserving our natural a surroundings. o c.� s Tasks w The following tasks were outlined during the December 2024 walk through and is subject to change as needed based on new priorities and findings during work 3 w implementation. Please refer to the EarthCorps Mill Creek Canyon working map linked below or to Appendix 1 for .pdf maps of work areas. L Mill Creek Canyon Working Map a ti N Task 1: Trail Maintenance • Brushing and tread work a o Brush and redefine main trail o U • Eco-block removal t • Drainage maintenance and repair w o Focus on areas of resource damage in lower canyon s ■ Installation of out slope logs or other structures to raise the tread 3 o Short reroutes = ■ Specifically target what areas with resource damage, and the "washing machine site" d Task 2: Trail Construction a • Define upper canyon loop trails along 97th place • Critical edge reinforcement o The mid-canyon area is in need of critical edge reinforcement to both control erosion and drainage • Fix dirt steps a Packet Pg. 71 8.D.a Scope of work:Mill Creek Canyon Trail Repair Task 3: Community Volunteer Work Party • Host 1 community volunteer work party event o Working with EarthCorps volunteer specialists,we would host one volunteer d event that would include hospitality services, and any tools needed for O s volunteers o Activities will likely include brushing and tread work—we would work with our a crew services department to identify appropriate volunteer areas and activities. N 0 N L Q N4) L7� EarthCorps will provide the following: c O • An assigned project manager to coordinate with the City of Kent, schedule crews, and ensure project goals/objectives are met. v • Basic hand tools along with access to power tools (mechanical wheel barrows, saws etc.) • Personal Protective Equipment and procedures for the use of tools • Safety signage and personnel when actively working on the trail. L • Training and education in trail construction and design, leadership and 4° community communication. a • Workers' compensation, health insurance, and related taxes. v • Washington Labor & Industries documentation • Administrative/ payroll and human resource services. w Agency will provide the following: 3 w c • Access to the site • Any necessary permits to perform work a, a ti N N Q L O SCHEDULE w Task Month Notes Task 1: Trail July & August 3 Maintenance Exact dates will be provided once finalized. 33 Crew days Task 2: Trail July &August 7 Contingency Crew days a Construction 40 crew days total Task 3: Volunteer August Exact date TBD work Party w a Packet Pg. 72 8.D.a Scope of work:Mill Creek Canyon Trail Repair Q BUDGET: L 0 s Crew Labor $ 914W.00 Q Project Management : 28,900.00 Field Specialist 32,3W.00 N Materials $ 14915.00 N L Subtotal $ 167 215.00 Q Materials&Handling Fee(io-/�of Total Materials, $ 1,49150 4) TOTAL FEE $ 168,706.50 Sales Tax: 10.2=/: Location Code: 1715 $ 17,208.06 L F_ TOTAL PAYABLE S M.914.56 C A C ca Fee Schedule: a� L tU Crew day including crew leader- $2,190.00/day = L An EarthCorps Crew Day is a 9-hour day that includes load, unload, and transportation v, time to and from the worksite and tools needed to complete project tasks. In addition, o crews are trained in trail construction and maintenance, erosion control and prevention, v s ecological restoration, and the safe operation of hand and power tools. An EarthCorps crew includes a trained crew leader who leads the crew and acts as an onsite w communication liaison and is trained in specialized equipment and vehicle use, such as 3 three-ton dump trucks. E a� a� L Q Project Manager-$150/hr N An EarthCorps Project manager collaborate with agency partners to design ecological 0 CL restoration and trail construction projects. They coordinate communication and logistics to 0 ensure crews are equipped with the knowledge and skills to perform the requested tasks. In addition, they provide updates and project status reports. Lastly, they adaptively manage w projects to ensure the project's goals and objectives meet the agency partner's satisfaction. 3 Project Coordinator-$85/hr E An EarthCorps project coordinator will assist in all coordinating of materials and project set a, up/clean up as well as provide infield services such as working alongside the crew and providing Q more guidance and leadership. E Volunteer Services - 25 people $3,500.00/event a w Q Packet Pg. 73 8.D.a Scope of work:Mill Creek Canyon Trail Repair Volunteer event services include, event coordination, project management (including project design), volunteer recruitment, event management, event prep and cleanup tools, volunteer PPE and material acquisition and transportation. Larger (greater than 50 N volunteers) events may also include a provided lunch. 0 Volunteer events up to: Ln a 0 3-ton truck and 4 x 4 pickup truck fee- $115/day— billed upon use as needed L a Material cost, disposal fees and equipment rentals—billed upon receipt L Fee schedule for the volunteer event ~ c 0 c ca EARTHCORPS BACKGROUND a� L tU EarthCorps is a non-profit organization founded in 1993 with a mission to build a global = community of leaders through local environmental service. EarthCorps provides a year- long intensive program for young adults from the US and 80 other countries to learn ° best practices in ecological restoration, trail construction and maintenance and develop a their leadership skills through hands on experiences. Global Leadership w 3 Based in Seattle, Washington, EarthCorps brings together emerging environmental leaders from more than 60 countries to work on projects in the Puget Sound region and E Cascade Mountains. As part of EarthCorps' intensive hands-on curriculum, they learn L multiple restoration and trail construction techniques, try out project design and a management, develop leadership and team-building skills, and help manage thousands of local volunteers on projects. EARTHCORPS PROJECT LEAD: c U t Whitney Bowman, Field Operations Manager Tel: (206) 322-9296 ext. 221 w s Cell: (206) 701-6195 ; Email: whitnev@earthcorps.org _ a� E EarthCorps Project Managers: Sean Day a Cell: 523-3248139 Email: Sean@earthcorps.org E w a Packet Pg. 74 8.D.a MCC Mid Canyon work \vmw- Q s }IO .,, W O ®® M 04 TL U W wash out ste I � C 2/2/2025 1:3,352 0 0.02 0.04 0.07 mi t Washout v MCC Streams 2023 Switchbacks 0 0.03 0.06 0.12 km Q index contours-100 foot County of King, Bureau of Land Management, Esri Canada, Esri, HERE, Main Trail Garmin,INCREMENT P,USGS,EPA,USDA,King County contours-5 foot(below 1000 feet)and 10 foot Packet Pg. 75 MCC Loop Trail s•D.a o� a A 1� d MdDo pat N W 00 t i Ln C N N CL cc \, u c — 0 a � Q �� a U J `yd ID IC �\ LLI t (D 01 _\ E CD L 357 R 0 356R c I '% F� 1 l` ott Dts: For less LV �I � •3 c ,�• S 267nd PI � �\ c 2/2/2025 1:4,775 0 0.03 0.06 0.11 m v Upper Canyon Trail repairs 0 0.04 0.09 0.17 km r Q MCC Main Trail Other County of King, Bureau of Land Management, Esri Canada, Esri, HERE, Garmin,INCREMENT R USGS,EPA,USDA,King County index contours- 100 foot contours - 5 foot (below 1000 feet) and 10 foot Packet Pg. 76 8.D.a Exhibit B Insurance Requirements N i Insurance a Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which N may arise from or in connection with the performance of the work hereunder CL by the Contractor, their agents, representatives, employees, or subcontractors. L A. Minimum Scope of Insurance c Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, c products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial o General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be w named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the 3 w City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall a be twice the required occurrence limit. N Contractor may use Umbrella or Excess Policies to provide the liability a limits as required in this Agreement. This form of insurance will be 0 acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or w Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the 3 underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property a damage liability coverage for all automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability w a Packet Pg. 77 8.D.a coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. N •L Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the a State of Washington. N O N B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: L Commercial General Liability insurance shall be written with limits no 0 less than $2,000,000 per occurrence, $2,000,000 general aggregate, ca and $2,000,000 products-completed operations aggregate limit. U Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Waiver of Subrogation o N Automobile Liability insurance with a minimum combined single limit o for bodily injury and property damage of $1,000,000 per occurrence. r L W If the Contractor maintains broader coverage and/or higher limits than the r minimums shown above, the City requires and shall be entitled to the 3 broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. a C. Other Insurance Provisions Q. The insurance policies are to contain, or be endorsed to contain, the 0 following provisions: W 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or 3 insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. a 2. Contractor's insurer must deliver, or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Contractor's insurance policy shall include an endorsement that provides the a Packet Pg. 78 8.D.a City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Contractor's insurer fails to provide the City with a copy of the notice of L cancellation endorsement, the Contractor must notify the City of any cancellation, non-renewal or termination within two (2) a business days of their receipt of such notice. N O N 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the — endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the c right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's liability. c D. Acceptability of Insurers o Insurance is to be placed with insurers with a current A.M. Best rating of not w less than A:VII. 3 .r E. Verification of Coverage E Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the a additional insured endorsement, evidencing the insurance requirements of N the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor a fails to provide the City with a copy of the endorsement naming the City as a 0 Primary Non-Contributory Additional Insured. w F. Subcontractors 3 Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance a requirements as stated herein for the Contractor. a E w a Packet Pg. 79 8.D.a d N •L O t 7 Q LO N O N L m 0. NN� L L _ 0 ca U Y d a) L U L 0 N Q L 0 U t r L W t �3 d E a) a� L Q N Q L. 0 U t cu W s �3 c as E a> d L Q d E t V cc Q Packet Pg. 80 8.E KENT DATE: March 18, 2025 TO: Kent City Council SUBJECT: 2021 King County Countywide Planning Policy Amendments - Resolution - Adopt MOTION: I move to adopt Resolution No. 2085, ratifying amendments to King County Countywide Planning Policies adopted by King County through Ordinances 19871 and 19880. SUMMARY: Initially adopted in the early 1990's, the King County Countywide Planning Policies (CPPs) create a shared and consistent framework for growth management planning for all jurisdictions in King County as required by the State Growth Management Act (GMA), RCW 36.70A.210. The CPPs are a series of policies that address growth management issues in King County cities. The CPPs present the shared vision of King County and the 39 cities within King County to guide the County and cities as they develop and amend their comprehensive plans. The CPPs were last comprehensively reviewed and updated in 2021 to be consistent with updated Multicounty Planning Policies and the Regional Growth Strategy contained in the Puget Sound Regional Council's (PSRC) Vision 2050. Similar to Kent's Comprehensive Plan, the CPPs may be amended annually between larger periodic updates to reflect changing conditions and needs. Recent annual updates amending the 2021 CPPs were adopted by the King County Council through Ordinance No. 19871 on December 3, 2024, and Ordinance No. 19880 on December 10, 2024. Ordinance No. 19871 makes changes to the City of Maple Valley Urban Growth Area boundary, which does not affect Kent. Additionally, as a result of PSRC's Vision 2050, the ordinance creates a new designation for growth at the county level, called a countywide center. This CPP amendment allows additional flexibility for obtaining a countywide center designation by removing the requirement of a subarea plan. Kent is working to obtain final designation of the Kent Canyon Ridge countywide center in accordance with the updated CPP requirements. The change to the CPPs does not substantially change requirements for certification and does not result in any added expectations or costs for Kent. Packet Pg. 81 8.E Ordinance No. 19880 makes changes to the County's Four-to-One Program for urban growth area expansion and rural area preservation. The County's Four-to-One Program is a land use management technique authorized under the GMA that supports creating a continuous band of open space along the urban growth area boundaries to prevent sprawl. Kent does not have any designated rural areas and is not currently seeking expansion. Therefore, this amendment does not impact Kent's planning at this time. Now, the amendments are being presented to cities in King County for ratification. The CPPs become effective when ratified by ordinance or resolution of at least 30 percent of the city and county governments representing 70 percent of the population of King County according to the Interlocal Agreement. A city will be deemed to have ratified the amendments to the CPPs unless the city takes legislative action to disapprove the amendments within 90 days of the effective date of the ordinances adopted by King County, which in this case is, March 24, 2025, and April 2, 2025. Staff recommends adoption of Resolution No. XXXX, ratifying amendments to King County CPPs adopted by King County through Ordinances 19871 and 19880. If this Ordinance passes out of the Committee of the Whole on March 18, 2025, it will move forward for final action on the same night at the March 18, 2025, City Council agenda on the Consent Calendar. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. CPP Transmittal Letter for Ordinance 19871 (PDF) 2. CPP Transmittal Letter for Ordinance 19880 (PDF) 3. 2021 KC CPP Amendments Resolution (PDF) Packet Pg. 82 8.E.a s 9 King County a 0 Dow Constantine Q King County Executive 401 F•fth Avenue, Suite 800 Seattle, WA 98104-1818 d 206-263-0600 Fax206-296-0194 E TTY Relay: 711 C www.kin9county.gov E Q The Honorable Dave Upthegrove o a Chair, King County Council � Room 1200 = COURTHOUSE a October 30, 2024 3 Dear Councilmember Upthegrove: 0 U This letter transmits a proposed Ordinance that would, if enacted, adopt amendments to the N 2021 King County Countywide Planning Policies (CPPs). The enclosed proposed amendments N were unanimously recommended by the King County Growth Management Planning Council Cq (GMPC) on September 18, 2024. v The CPPs establish a shared framework for growth management planning for all jurisdictions co in King County. In its 2024 work program, the GMPC included consideration of potential Urban Growth Area(UGA) changes proposed in the 2024 King County Comprehensive Plan (2024 Comprehensive Plan) as well as a review of the policies and criteria in the CPPs related to Countywide Centers. 0 L Regarding the UGA amendment, the 2024 Comprehensive Plan process included the review of 4? three unincorporated urban parcels along the northern edge of the City of Maple Valley. In ; December 2023, the Executive proposed in the 2024 Comprehensive Plan that the parcels be removed from the UGA and be redesignated to Rural Area. This recommendation was carried a forward in the King County Council's Local Services and Land Use Committee's recommended plan, which was voted on in June 2024. This potential UGA amendment wasCU = brought to the GMPC for their review in July 2024, and at its September 2024 meeting, the GMPC unanimously approved GMPC Motion 24-1 recommending the UGA amendment. as U Regarding the countywide centers amendment, in 2024 the GMPC reviewed the CPPs related to the planning expectations for Countywide Centers. Proposed CPPs amendments were E brought to the GMPC for its review in July 2024, and at its September 2024 meeting, the GMPC unanimously approved GMPC Motion 24-2 recommending the countywide center a planning expectation amendments. The collaborative process used to develop this proposed legislation embodies the ethic of Packet Pg. 83 8.E.a The Honorable Dave Upthegrove October 30, 2024 Page 2 coordinated planning required by the Growth Management Act. King County staff,municipal planners, elected officials, and community-based organizations were involved in developing the recommendations in the proposed legislation. No budget action is needed to support the o proposed Ordinance. Q Thank you for your consideration of this proposed Ordinance. This important legislation is one of the many steps needed to ensure King County protects its environment while E accommodating and managing growth. E If your staff have questions,please contact Lauren Smith, Deputy Director for Regional Planning, Office of Performance, Strategy and Budget, at 206-263-9606. o a Sincerely, _ _ 6 � m for 3 Dow Constantine = 0 King County Executive v N O Enclosure `4 N O cc: King County Councilmembers ATTN: Stephanie Cirkovich, Chief of Staff, King County Council Melani Hay, Clerk of the Councilco Karan Gill, Chief of Staff, Office of the Executive Penny Lipsou, Council Relations Director, Office of the Executive Dwight Dively, Director, Office of Performance, Strategy and Budget (PSB) _ Lauren Smith, Deputy Director, Regional Planning, PSB 0 L 0 L a.+ J cC rr r� E N _ M LL r a a (U c d E t c.> c� Q Packet Pg. 84 8.E.b a 9 King County Dow Constantine King County Executive 401 Fifth Avenue, Suite 800 Q- Seattle, WA 98104-1818 206-263-6600 Fax206-296-0194 Q Try Relay: 711 www.kmgcounty.gov = d E December 7, 2023 The Honorable Dave Upthegrove a Chair, King County Council = Room 1200 _ COURTHOUSE o a m Dear Councilmember Upthegrove: 3 This letter transmits a proposed Ordinance that would, if enacted, adopt amendments to the 2021 0 King County Countywide Planning Policies (CPPs). The proposed amendments were v unanimously recommended by the King County Growth Management Planning Council (GMPC) o on September 27, 2023, and would update the Urban Growth Area policies and Four-to-One `S' program provisions in the CPPs, King County Comprehensive Plan(Plan), and King County CS! Code (KCC). 0 0 0 In December 2021, the King County Council adopted the 2021 CPPs, which establish a shared framework for growth management planning for all jurisdictions in King County. Ordinance 19384 directed the development and recommendation to the King County Council of Four-to- One program changes in the CPPs, Plan, and KCC, in consultation with the GMPC. 0 Following nearly two years of review by the GMPC, including releasing draft amendments for ,o public review and comment, and providing two amendment periods for GMPC members, the ; r GMPC approved Motion 23-4 for transmittal to the King County Council. The amendments to the CPPs included in this proposed Ordinance, together with associated amendments to the Plan and KCC, clarify and create consistency among the provisions that guide the County's Four-to-One program. Proposed amendments to the Plan and KCC will be transmitted separately as part of the 2024 Comprehensive Plan update. a a The collaborative process used to develop this proposed legislation embodies the ethic of v coordinated planning required by the Growth Management Act. King County staff, municipal planners, elected officials, and community-based organizations were involved in developing the recommendations in the proposed legislation. No budget action is needed to support the proposed Y Ordinance. a Packet Pg. 85 8.E.b The Honorable Dave Upthegrove December 7, 2023 Page 2 Thank you for your consideration of this proposed Ordinance. This important legislation is one of the many steps needed to ensure King County protects its environment while accommodating and managing growth. 0 Q If your staff have questions, please contact Lauren Smith, Deputy Director for Regional Planning, Office of Performance, Strategy and Budget, at 206-263-9306. E Sincerely, E Q for 0 a Dow Constantine a� King County Executive c Enclosure a a� cc: King County Councilmembers ATTN: Stephanie Cirkovich, Chief of Staff o Melani Hay, Clerk of the Council c� Karan Gill, Chief of Staff, Office of the Executive o Penny Lipsou, Council Relations Director, Office of the Executive C.4 Dwight Dively, Director, Office of Performance, Strategy and Budget(PSB) c Lauren Smith, Deputy Director, Regional Planning, PSB v 0 0 0 rn d c c� c L O L Q L a.+ J cC rr r� E N C LL r a a (U c d E t c.> c� Q Packet Pg. 86 8.E.c 0 Q RESOLUTION NO. 2085 r _ as E _ a� E Q A RESOLUTION of the City Council of the City of Kent, Washington, ratifying the adoption of 0 a. amendments to the 2021 King County Countywide Planning Policies (King County Ordinance Nos. 19871 and 19880), relating to the policies and criteria governing the Urban Growth Area policies, a a� Countywide Centers, and the Four-to-One program provisions. 0 U N O N N RECITALS M A. The adoption of countywide planning policies is required under 0 the State Growth Management Act (GMA), pursuant to RCW 36.70A.210. o The Countywide Planning Policies (CPPs) provide a framework for Kent and other cities in King County to conduct planning under the requirements of E the GMA. This framework ensures that city and county comprehensive plans = a� are consistent. E Q B. In 2021, the CPPs were comprehensively reviewed and a U updated. During the process to adopt the 2021 CPPs, the King County Y Growth Management Planning Council (GMPC) identified several o N inconsistency and policy issues that required rectification to provide clarity r _ a� amongst the CPPs, the Comprehensive Plan, and King County Code when it E U comes to Urban Growth Area policies, including the Four - To - One program Q 1 Amendments to Countywide Planning Urban Growth - Resolution Packet Pg. 87 8.E.c provisions, in which, a proposed expansion of the Urban Growth Area is accompanied by dedication of permanent natural area that is at least four times the size of the proposed expansion. The County's Four-to-One Program supports the creation of continuous bands of open space along urban growth o area boundaries to prevent sprawl. a C. During this process, the GMPC considered potential Urban r Growth Area changes for rural areas and boundaries as well as a review of a� the policies and criteria in the CPPs related to countywide centers. E D. On September 27, 2023, the GMPC unanimously recommended 0 adoption of GMPC Motion 23-4, amending the urban growth area policies and a Four-to-One program provisions. Then, on December 10, 2024, the King _ County Council adopted Ordinance No. 19880, doing so. a a� E. On September 18, 2024, the GMPC unanimously recommended 3 adoption of GMPC Motions 24-1 and 24-2, to amend the 2021 CPPs to = r remove certain parcels from the City of Maple Valley's designated urban growth area and update planning expectations for countywide centers. Then, o N on December 3, 2024, the King County Council adopted Ordinance No. N 0 19871, doing so. 0 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, o a� WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: a� RESOLUTION E a� E SECTION 1. - Amendment. The City of Kent, acting pursuant to the a a interlocal agreement among King County, the City of Seattle, and U incorporated suburban cities, hereby ratifies the proposed amendments to Y the Countywide Planning Policies as adopted by the Metropolitan King County N Council in King County Ordinance No. 19871, attached, and incorporated hereto as Exhibit A. U fC Q 2 Amendments to Countywide Planning Urban Growth - Resolution Packet Pg. 88 8.E.c SECTION 2. - Amendment. The City of Kent, acting pursuant to the interlocal agreement among King County, the City of Seattle, and incorporated suburban cities, hereby ratifies the proposed amendments to the Countywide Planning Policies as adopted by the Metropolitan King County o Council in King County Ordinance No. 19880, attached, and incorporated a hereto as Exhibit B. E _ a� SECTION 3. - Severability. If any one or more section, subsection, E or sentence of this resolution is held to be unconstitutional or invalid, such 0 decision shall not affect the validity of the remaining portion of this resolution a and the same shall remain in full force and effect. _ a d SECTION 4. - Ratification. Any act consistent with the authority and 2 3 prior to the effective date of this resolution is hereby ratified and affirmed. O U SECTIONS. - Effective Date. This resolution shall take effect and be o N in force immediately upon its passage. (14 O M C O March 18, 2025 0 DANA RALPH, MAYOR Date Approved a� ATTEST: E a� E March 18, 2025 a a KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted L) U Y N O N APPROVED AS TO FORM: r _ a� E U fC TAMMY WHITE, CITY ATTORNEY Q 3 Amendments to Countywide Planning Urban Growth - Resolution Packet Pg. 89 Docusign Envelope ID:5057C5C7-DB8E-4289-9677-908888B13187 8.E.c 1200 King County Courthouse KING COUNTY 516 Third Avenue Seattle,WA 98104 King CouL-9 nty Signature Report Ordinance 19871 r a 0 Proposed No. 2024-0370.1 Sponsors Perry a 1 AN ORDINANCE adopting and ratifying amendments to 2 the King County Countywide Planning Policies. a 3 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 0 a 4 SECTION 1. Findings: 5 A. The 2021 King County Countywide Planning Policies ("the CPPs") were a m 6 adopted by Ordinance 19384, amended by Ordinances 19553 and 19660, and ratified by 3 w 7 King County and the cities in King County. c U 8 B. In September 2024, the King County Growth Management Planning Council c N 9 ("the GMPC") reviewed and recommended amendments to the CPPs related to the urban c M 10 growth area boundary in GMPC Motion 24-1. c 0 11 C. In September 2024, the GMPC reviewed and recommended amendments to 0 a� 12 the CPPs related to the planning expectations for countywide centers in GMPC Motion c m E 13 24-2. c m 14 SECTION 2. The amendments to the CPPs, as shown in Attachment A to this E a a a 15 ordinance, and Attachment B to this ordinance, are hereby adopted by King County and U Y 16 ratified on behalf of the population of unincorporated King County. N 0 N 17 SECTION 3. Severability. If any provision of this ordinance or its application to E s �o a 1 Packet Pg. 90 Docusign Envelope ID:5057C5C7-DB8E-4289-9677-908888B13187 8.E.c Ordinance 19871 18 any person or circumstance is held invalid, the remainder of the ordinance or the 19 application of the provision to persons or circumstances is not affected. r a 0 Q Ordinance 19871 was introduced on and passed by the Metropolitan King County Council on 12/3/2024, by the following vote: E Yes: 9 - Balducci, Baron, Dembowski, Dunn, Mosqueda, Perry, Upthegrove, von Reichbauer and Zahilay E 0 KING COUNTY COUNCIL a KING COUNTY,WASHINGTON c c ca Signed by: d E76CM FNB14EF_. •� Dave Upthegrove,Chair ATTEST: 3 0 U DocuSigned by: Ej8DF1 N BB375AD3422... Melani Hay,Clerk of the Council M c 0 APPROVED this day of 12/11/2024 3 0 N m Signed by: N d E 4FBCAB8196AE4C6_.. Dow Constantine,County Executive m E Q a a Attachments: A.GMPC Motion 24-1,B. GMPC Motion 24-2 U tU Y N CD N C d E t t� �0 Q 2 Packet Pg. 91 Docusign Envelope ID:5057C5C7-DB8E-4289-9677-908888B13187 Ordinance 19871 8.E.c ATTACHMENT A 09/18/2024 Sponsored By: Executive Committee 1 GMPC MOTION 24-1 2 A MOTION to amend the Urban Growth Area boundary adjacent to the a 0 3 City of Maple Valley and update the maps in the King County a 4 Countywide Planning Policies. E 5 = m E 6 WHEREAS,the Washington State Growth Management Act,Revised Code of Washington a, 7 (RCW) 36.70A.110,requires counties to designate an urban growth area within which urban growth shall 0 a a� c 8 be encouraged and outside of which growth can occur if it is not urban in nature; and 9 WHEREAS,King County Countywide Planning Policy Framework 1 (FW-1)recognizes that 10 King County may initiate amendments to the Urban Growth Area; and 0 11 WHEREAS,King County Countywide Planning Policy Development Patterns 16 (DP-16)allows i0 N 12 amendments to the urban growth area if the proposed amendment is under review by the County as part of N N 13 an amendment process of the King County Comprehensive Plan and King County submits the proposal to M 14 the Growth Management Planning Council for the purposes of review and recommendation; and o 0 15 WHEREAS, on June 7,2022,the County Council adopted Motion 16142, specifying the scope of o m 16 work for its 2024 Comprehensive Plan Update,and the scope included direction to review the land use as 17 designations and implementing zoning in an area with unincorporated urban parcels near the northern E 18 edge of the City of Maple Valley; and E E a 19 WHEREAS,King County conducted an Area Zoning and Land Use Study and concluded that a U U 20 this site should be redesignated to Rural Area because it lacks urban services and infrastructure adequate Y N 21 for an urban industrial site; it is encumbered by environmental constraints; it is surrounded on three sides N r _ 22 by rural residential properties; it abuts an agricultural parcel which could create further incompatibilities; E U 23 and Q Packet Pg. 92 Docusign Envelope ID:5057C5C7-DB8E-4289-9677-908888B13187 8.E.c 09/18/2024 GMPC Motion 24-1 24 WHEREAS,the City of Maple Valley has not affiliated this area as part of its potential 25 annexation area due to its lack of infrastructure,topographical separation, sensitive areas,and separation 26 by linear utility and park rights-of-way; and a O 27 WHEREAS, consistent with Countywide Planning Policy DP-19,the area is not served by public Q 28 sewers, is contiguous with the Rural Area,is not characterized by urban development, and is E 13 29 characterized by environmentally sensitive areas making it inappropriate for higher-density development; E 30 WHEREAS, on June 5,2024,the King County Local Services and Land Use Committee a, 31 recommended the proposed amendment to the Urban Growth Area adjacent to the City of Maple Valley °a a� c 32 be considered by the King County Council as part of their approval of the 2024 King County 33 Comprehensive Plan; and 34 WHEREAS, on July 24, 2024, and September 18, 2024,the Growth Management Planning 35 Council received a briefing on the proposed amendment to the urban growth area under consideration by v 36 King County; N 0 N N O M C O 7 O N d N _ d E _ d E Q a- n. U U Y N O N r+ _ d E L U fC Q Page 2 Packet Pg. 93 Docusign Envelope ID:5057C5C7-DB8E-4289-9677-908888B13187 8.E.c 09/18/2024 GMPC Motion 24-1 37 NOW, THEREFORE,BE IT MOVED that the Growth Management Planning Council hereby 38 recommends approval of this amendment to the urban growth area boundary and that the 2021 King 39 County Countywide Planning Policies be amended as follows: a 0 40 Amend the urban growth area boundary shown in Appendix 1: Generalized Land Use Categories Q 41 Map,Appendix 2: Potential Annexation Area Map; and Appendix 3: Urban Separators Map, as E 42 depicted on the maps in Attachment A. E 0 ' o a 43 a, c 44 = _ a 45 Dow Constantine, Chair, Growth Management Planning Council 3 46 0 0 47 Attachment v N O 48 A: Amendments to the Urban Growth Area boundary shown on the maps in the King County N O 49 Countywide Planning Policies 0 0 0 m a� E d E Q a- a U U Y N O N r+ _ d E L U fC Q Page 3 Packet Pg. 94 Docusign Envelope ID:5057C5C7-DB8E-4289-9677-908888B13187 8.E.c Attachment A: Amendments to the Urban Growth Area boundary shown on the maps in the King County Countywide Planning Policies 2 0 (L In Appendix 1: Generalized Land Use Categories Map, on page 71, strike the map and replace with the following: .E X � �j •..:.ram - - � - ��-, r ■ //� O .,. cV o r v GENERALIZED LAND USE 7 t CATEGORIES MA = :....:,...: : 2021 Countywide Planning Policies O .................. ■ y Q \• ..—..—. .—.'I:." i Regioml Growth Cmter-Urban f • Reg-1 Growth C—-Metro a Regioid Manufac—q Md.—)Cw-- �..\ ■ Growth(none in King County) U 1 ■ Re..W Manufectunng In.—I C—r- U mdr.r.....a..ro.n ew.e.W«e v..*.s..... ,.�...y. •r Y —Urba Grovrth Area Y f• ••�/ v 1 roan lWncor ..'d O l u N Ag w4 Prodortion Dna r�c ` .......;F..—Productlon King C—ty ®n. �..i•'fir Incorporared GIS CENTER E I Tribal V y.a Q Page 4 Packet Pg. 95 Docusign Envelope ID:5057C5C7-DB8E-4289-9677-908888B13187 8.E.c Attachment A to GMPC Motion 24-1 In Appendix 2: Potential Annexation Area Map, on page 72, strike the map and replace with the following: r -'----'----------------'-----'-------------------__------------' o 0 KING COUNN SHORELINE F�ARKT -gin T! BOTH ELL YOODIA C V / KENMORE / KIRKLAND _ lEA" E III REDMOND C SEATTLE `�'1\ (/�'- n� \% - E BELLEVUE w" SAMMAMISH - { C ® ISLArvn ve..o _ •_ NI WCASILL y rsva'1"� V *5"011MIE IT— ORTH BURIEN pE RENTON L _ L' U pug. Sf AIAC DES h^LINES KENT cr.=1 N �r O COVINGTON VA MAPLE /A bm , / p 1 d.� -� AUBURN l' LA- 3 FEDERAL F WAY � „ BL-K C�OG DIAMOND /N�/ \ C � PACIFIC .c E \ f \ ENUMCLA Q •� a Potential Annexation Area Map ^' r-L tU 2021 C, I.,&Planning Poly, f, � — Y IN _ r/ Desir—d Gcy PAAs In<orpon�ed Ciry KIN,C.My oi.. p.dmvn..,A.pap a.A&Mxn- N �i KIN,C lPbm Srnim N �(�(,pn(y Kliy Copy,GlS Cemw UndeslgnaLed PAAs Urban Growth Area m „...w. .•... xI.«p.., w p•+E Tn.„Iomem.rMudaa op db'^9Meaap Cppgee br xtyl Con.r.0 n.rya 'n nq«�roanaAyw.wiw�„au q„Cwn,„nunm•np.wuuwow y �x.,a<wrMr mal.,,wlow w.,,ra.n«u.w.sm 1pa'b«, E �1'n 11S.nunRyauUlgoivl Ruw paIGMPC�Rulecu�Rm.u+_}U1�WUwnwn_W1�0)yy�a anbap Page 5 Packet Pg. 96 Docusign Envelope ID:5057C5C7-DB8E-4289-9677-908888B13187 8.E.c Attachment A to GMPC Motion 24-1 In Appendix 3: Urban Separators Map, on page 73, strike the map and replace with the following: v O a. ® - ® .. .., M ` 0 ` ._v .-...- ---.... .k 1 c 43) a=i r E Urban Separators Map 2021 Countwide Plonning Policies •�"� �.y �•�� V N me.s,..r«: Q R-C Zo-r.-re..,.,....r..s•nrm..n LQ 0..gnnal PbrH•a,..- N m,p S.nlm Urban Separators in King County Open Y King Co,nty Kli•Cwmy GISCemer —Cities Space System Y µ -F Tx•ro.m.no+.xiweemai.��r.a.�.mewe M.MCw..y•oxhwn.nnery o� Urb-Sep. ors porate Incord City _ Umi c rpo—ed King E County Urban Growth Area m. .. as„a11-. f� Vy+wvl�hgem+Repond_HanrvRy\GMpC+fkgern�0.ew.,m}ONOTh.n�3031Ryapn .1�+ Q Page 6 Packet Pg. 97 Docusign Envelope ID:5057C5C7-DB8E-4289-9677-908888B13187 Ordinance 19871 8.E.c ATTACHMENT B 09/18/2024 Sponsored By: Executive Committee 1 GMPC MOTION 24-2 2 A MOTION to amend the Planning Expectations for Countywide a 0 3 Centers in the King County Countywide Planning Policies. a 4 E 5 WHEREAS, in 2018 the Puget Sound Regional Council(PSRC)adopted a Regional Centers E 6 Framework for the central Puget Sound region,which includes King County,and said framework a, 7 expanded the growth management centers framework to include a new countywide center designation; 0 a a� c 8 and _ 9 WHEREAS,in 2020 the PSRC adopted VISION 2050, a regional growth plan for the central 10 Puget Sound region; and 0 11 WHEREAS,VISION 2050 includes the central Puget Sound region's Multicounty Planning i0 N 12 Polices(MPPs),per Revised Code of Washington(RCW) 36.70A.210(8), and these policies call for the N 13 designation of countywide centers; and �' $n �'� � o M 14 WHEREAS,PSRC serves as the Metropolitan Planning Organization(MPO)for the central o 0 15 Puget Sound Region,per 23 Code of the Federal Register, Section 450.310, and the Regional o m 16 Transportation Planning Organization(RTPO),per RCW 47.80; and as 17 WHEREAS, as the MPO and RTPO for the central Puget Sound region,PSRC manages the E 18 distribution of federal transportation funding and in this capacity has adopted a Policy Framework for E a 19 PSRC's Federal Funds and said framework calls for the distribution of federal funding to support a U U 20 transportation investments in countywide centers; and Y N 21 WHEREAS, in 2019 the King County Growth Management Council(GMPC) established a N r _ 22 process for the identification and designation of Candidate Countywide Centers in order to allow E U 23 jurisdictions in King County to compete for the aforementioned federal transportation funding managed Q 24 by PSRC; and Packet Pg. 98 Docusign Envelope ID:5057C5C7-DB8E-4289-9677-908888B13187 8.E.c 09/18/2024 GMPC Motion 24-2 25 WHEREAS, in 2021 the GMPC adopted GMPC Motion 21-3 which approved a list of Candidate 26 Countywide Centers in jurisdictions in King County; and 27 WHEREAS, GMPC Motion 21-3 states that the Candidate Countywide Centers would have a 0 28 status until such time as Comprehensive Plans are updated in 2024,per RCW 36.70A.130; and that a 29 following adoption of Comprehensive Plans,jurisdictions could then apply for designation by the GMPC E 30 in 2025 to 2026; and E 31 WHEREAS, in 2021 the King County Countywide Planning Policies(CPPs)were updated to be a, 32 consistent with the MPPs, and CPP Appendix 6: King County Centers Designation Framework 0 a a� c 33 established criteria for countywide centers; and 34 WHEREAS, in 2024 the GMPC adopted its 2024 Work Program which included a review of the 35 criteria and planning expectations in the CPPs related to countywide centers; and 0 36 WHEREAS, in March 2024,June 2024, and July 2024 the GMPC's Interjurisdictional Team 0 37 (IJT)reviewed the CPPs and recommended to GMPC amendments to the planning expectations for 0 Cq 38 countywide centers in the CPPs; and M 0 39 WHEREAS, in June 2024 and July 2024 the GMPC discussed these recommended amendments; o 0 40 NOW, THEREFORE BE IT RESOLVED that the King County GMPC hereby approves o m 41 amendments to the CPPs related to the planning expectations for countywide centers, as shown in as 42 Attachment A. E a� E 43 v U 44 Y N 0 45 Dow Constantine, Chair, Growth Management Planning Council �' r _ 46 E U 47 Attachment Q 48 A. Amendments to the Planning Expectations in the King County Countywide Planning Policies for 49 Countywide Centers Page 2 Packet Pg. 99 Docusign Envelope ID:5057C5C7-DB8E-4289-9677-908888B13187 8.E.c 09/18/2024 GMPC Motion 24-2 50 r a O Q c a� E c am E Q _2 0 IL as c c ca a m �3 w c O U N O N N O M C O :F. 3 0 N d N C d E C d E Q a a U tU Y N O N C d E t t� �0 Q Page 3 Packet Pg. 100 Docusign Envelope ID:5057C5C7-DB8E-4289-9677-908888B13187 8.E.c Attachment A: Amendments to the Planning Expectations in the King County Countywide Planning Policies for Countywide Centers All King County Countywide Planning Policy amendments are shown in((str4lethfough)) and underlined text. In the Development Patterns Chapter, on page 30, amend the text as follows: o The Kin Count Centers Designation Framework in Appendix 6 provides designation processes and timelines, minimum existing and planned density thresholds, and subaFea planning expectations for regional Q 9 Y 9 pP P 9 P 9 P Y (( )) p 9 P 9� , and countywide centers. Regionally designated centers are shown on the Generalized Land Use Categories Map in Appendix 1. a� E d In the Development Patterns Chapter, on page 30, amend countywide planning policy as follows: E DP-33 Establish subarea plans for designated regional ((and GOWRty centers that meet the criteria in the King County centers Designation Framework, as adopted in Appendix 6. 0 a a� In Appendix 6: King County Centers Designation Framework, starting on page 106, amend countywide planning policy appendix as follows: M a. m Appendix 6: King County Centers Designation Framework _ Metro Growth Centers Urban Growth Centers Countywide Growth Centers Industrial Employment 1. Purpose of Center Regional Metro Growth Centers Regional Urban Growth Centers Countywide growth centers" Regional Industrial Employment Regional Industrial Growth Countywide industrial centers N have a primary regional role. play an important regional role, serve important roles as places Centers are highly active Centers are clusters of industrial serve as important local N They have dense existing jobs with dense existing jobs and for equitably concentrating industrial areas with significant lands that have significant value industrial areas.These areas N CD and housing, high-quality transit housing, high-qualitytransit jobs, housing, shopping, and existing jobs, core industrial to the region and potential for support equitable access to M service, and are planning for service, and planning for recreational opportunities. activity, evidence of long-term future equitable job growth. living wage jobs and serve a key = significant, equitable growth significant, equitable growth These are often smaller demand, and regional role.They These large areas of industrial role in the county's C and opportunity.They serve as and opportunity.These centers downtowns, high-capacity have a legacy of industrial land serve the region with manufacturing/industrial 0 major transit hubs for the may represent areas where transit station areas, or employment and represent international employers, economy. region and provide regional major investments—such as neighborhood centers that are important long-term industrial industrial infrastructure, services and serve as major civic high-capacity transit—offer new linked by transit, provide a mix areas, such as deep-water ports concentrations of industrial and cultural centers. opportunities for growth. of housing and services, and and major manufacturing and jobs, evidence of long-term E serve as focal points for local can be accessed by transit. potential, and can be accessed c and county investment. Designation is to, at a minimum, by transit. Designation will E preserve existing industrial jobs continue growth of industrial Q and land use and to continue to employment and preserve the v equitably grow industrial region's industrial land base for v employment and opportunity in long-term growth and Y these centers where possible. retention. c N _ d E L t� 10 w Q is King County does not yet have designated countywide centers,although many jurisdictions have local centers that may be equivalent.Local centers are eligible for regional and countywide funding,and this funding is distributed based on criteria and formula. Page 4 Packet Pg. 101 Docusign Envelope ID:5057C5C7-DB8E-4289-9677-908888B13187 8.E.c Attachment A to GMPC Motion 24-2 EmploymentMetro Growth Centers Urban Growth Centers Countywide Growth Centers Industrial 2. Distribution of Centers Centers are designated to Same Same Same Same Same achieve the countywide land use vision and are based on meeting the expectations of the Q- 0 framework. No arbitrary limit Q on the number of centers will N be established. _ PART 1. DESIGNATION E PROCESS AND SCHEDULE _ m A. Designation Process E Q 1.jurisdiction ordinance, Yes Yes Yes Yes Yes Yes motion, or resolution 2 authorizing submittal of a° application = 2. Fill out Form Yes Yes KC to have an application form Yes Yes KC to have an application form and process. and process. M a 3. Submit for eligibility review. Yes Yes IJT staff to review and present Yes Yes IJT staff to review and present Staff review and report to GMPC. to GMPC. 3 4. GMPC recommendation to Yes Yes KC to have an application form Yes Yes KC to have an application form pp pp c PSRC and process. and process. 0 B. Schedule v 1.Applications limited to major Yes Yes Yes. KC to have a 5-year cycle or Yes Yes Yes. KC to have a 5 year cycle or o updates. Call for new consider following PSRC major consider following PSRC major application approx. every 5 plan updates. plan updates. M years. C. Redesignation = 0 1. Follows PSRC re-designation Yes Yes Yes Yes Yes Yes process 0 PART 2:CENTER ELIGIBILITY A. Local and Countywide c Commitment 1. center identified in Yes Yes Yes Yes Yes Yes _ Comprehensive Plan m 2. demonstrate center is local Yes Yes Yes Yes Yes.And, commitment to Yes. And area has important Q priority for growth and protecting and preserving county role and concentration a investments industrial uses, strategies, and of industrial land or jobs with v incentives to encourage evidence of long-term demand. Y industrial uses in the center, N and established partnerships N with relevant parties to ensure c success of E E manufacturing/industrial center. Q Page 5 Packet Pg. 102 Docusign Envelope ID:5057C5C7-DB8E-4289-9677-908888B13187 8.E.c Attachment A to GMPC Motion 24-2 EmploymentMetro Growth Centers Urban Growth Centers Countywide Growth Centers Industrial B. Planning 1. completed center plan Yes Yes Yes" Yes Yes.And, in consultation with Yes 17 meeting Plan Review Manual public ports and other affected 16 specifications government entities. Q- 0 2. environmental review shows Yes Yes Yes Yes Yes Yes Q area appropriate for density ' N 3. assessment of housing need Yes Yes Yes((, as paFt of subaFea plan eF Not applicable Not applicable Not applicable and cultural assets, including ^ H'^d'irea*^d C^mPFeheRS^V^ E displacement of residents and °der)) businesses E 4. documentation of tools to Yes Yes Yes((, as paFt of subaFea plaR eF Not applicable Not applicable Not applicable a, provide range of affordable and ^ deeddica*^d G^FnpFeh^^S^'^ 2 fair housing P4l_R_C_l4@pteF a)) 0 5. documentation of Yes Yes Yes((, as paFt of subaFea plaR eF Yes Yes Yes c community engagement, ^ ded-ir-sated (=-9FnpFeheRS4.,^ including with priority Plan er)) a populations 18 C.Jurisdiction and Location 3 1. new Centers should be in Yes Yes Cities or Unincorporated Yes Yes Cities or Unincorporated cities Urban19 Urban'9 0 2. if unincorporated area: Not allowed in unincorporated Not allowed in unincorporated Encouraged Not allowed in unincorporated Not allowed in unincorporated Encouraged v a. it has link light rail and is urban area urban area urban area urban area o affiliated for annexation b.joint planning is occurring Not allowed in unincorporated Not allowed in unincorporated Encouraged Not allowed in unincorporated Not allowed in unincorporated Encouraged M urban area urban area urban area urban area c. plans for annexation or Not applicable (center type Not applicable (center type Encouraged Not allowed in unincorporated Not allowed in unincorporated Encouraged = 0 incorporation are required does not exist in does not exist in urban area urban area unincorporated area). unincorporated area). 0 v, D. Existing Conditions 1. infrastructure and utilities Yes Yes Yes Yes. Must include presence of Yes.Access to relevant Yes can support growth irreplaceable industrial transportation infrastructure infrastructure such as working including freight. maritime port facilities, air and rail freight facilities. Q 2. center has mix of housing Yes Yes Yes Not applicable The center has an economic Not applicable. a and employment impact. v tU E. Boundaries Y N O N 16 The PSRC Center Plan Checklist defines key concepts and provisions jurisdictions should use in planning for the designated centers.This includes the following:establishing a vision,considering natural and built environment topics,establishing geographic boundaries and growth targets, y planning for a mix of land uses,addressing design standards,planning for a variety of housing types including affordable housing in growth centers,addressing economic development,and providing for public services and facilities,including multimodal transportation,all as appropriate and E tailored to the center type and function. v ca 17 For Countywide Centers the topics in the Center Plan Checklist should be addressed((, Q ))• 18 King County's"Fair and Just"Ordinance 16948,as amended,identifies four demographic groups,including:low-income,limited English proficiency,people of color,and immigrant populations. 19 For multi-jurisdiction centers,please describe the manner and structure(e.g.interlocal agreement,memorandum of understanding)with which the jurisdictions will plan together over the long-term. Page 6 Packet Pg. 103 Docusign Envelope ID:5057C5C7-DB8E-4289-9677-908888B13187 8.E.c Attachment A to GMPC Motion 24-2 EmploymentMetro Growth Centers Urban Growth Centers Countywide Growth Centers Industrial 1.justification for center Yes Yes Yes Yes Yes Yes boundaries 2. boundary generally round or Yes Yes Compact, walkable size Not applicable Not applicable Not applicable square CL 0 F.Transportation Q 1. center has bicycle and Yes Yes Yes. Supports multimodal Defined transportation demand Defined transportation demand Defined transportation demand w pedestrian infrastructure and transportation, including management strategies in management strategies in management strategies in place amenities pedestrian infrastructure and place. place. E amenities, and bicycle infrastructure and amenities. E 2. center has street pattern Yes Yes Yes. Supports multimodal Not applicable Not applicable Not applicable a, supporting walkability transportation, including street 2 pattern that supports 0 a walkability. _ 3.freight access Yes ((T^ "^ ad-dwessed- i i-hare^ ((T^ "^ -„ d—r ed- i i" ^^ Access to relevant ((fie))Yes ((T^ "^ ^^'^'r^cs^d "^r^^ piae))Yes ))Yes transportation infrastructure ))Yes a including freight. PART 3:CENTER CRITERIA 3 A. Purpose 1. Compatibility with VISION Yes Yes Yes Yes Yes Yes 0 centers concept, Regional v Growth Strategy and o Multicounty Planning Policies N B. Activity level/Zoning 20 M 1. existing activity 21 60 activity unit density 30 activity unit density (AUs 18 activity unit density 10,000 jobs 4,000 jobs 1,000 existing jobs and/or 500 refer to combined jobs and acres of industrial land = 0 population) ' 2. planned activity Above 120 activity unit density 60 activity unit density 30 activity unit density 20,000 jobs 10,000 jobs 4,000 jobs 0 3. sufficient zoned capacity Yes. Should be higher than Yes. Should be higher than Should have capacity and be Yes. Should be higher than Yes. Should be higher than Should have capacity and be target and supports a compact, target. planning for((additieicial target. target. planning for((additienal complete, and mature urban gee h:)) at least the planned gFewth.)) at least the planned E form. activity level activity level 4. planning mix of housing Planning for at least 15% Planning for at least 15% Planning for at least 20% At least 50%of the employment At least 50%of the employment At least 50%of the employment _ types and employment types residential and 15% residential and 15% residential and 20% must be industrial employment. must be industrial employment. must be industrial employment. Q employment activity employment activity employment, unless unique Strategies to retain industrial Strategies to retain industrial Strategies to retain industrial a circumstances make these uses are in place. uses are in place. uses are in place. v percentages not possible to Y achieve. N C. Geographic Size N 1. minimum size 320 acres 200 acres 160 No set threshold; size based on 2000 acres 1,000 existing jobs and/or 500 justification for the boundary. acres of industrial land E s �a w Q 20 PSRC's 2015 guidance on Transit Supportive Densities and Land Uses cites an optimal level of 56-116 activity units per acre to support light rail,dependent on transit costs per mile.The guidance indicates an optimal threshold of at least 17 activity units per acre to support bus rapid transit. Note:the existing threshold in the CPPs is roughly equivalent to 85 AUs existing activity for King County Urban Centers. 21 For existing centers,not meeting existing activity unit thresholds is not grounds for de-designation or re-designation by the Growth Management Planning Council. Page 7 Packet Pg. 104 Docusign Envelope ID:5057C5C7-DB8E-4289-9677-908888B13187 8.E.c Attachment A to GMPC Motion 24-2 EmploymentMetro Growth Centers Urban Growth Centers Countywide Growth Centers Industrial 2. maximum size 640 acres (larger if internal HCT) 640 acres (larger if internal HCT) 500 acres No set threshold; size based on No set threshold; size based on No set threshold; size based on justification for the boundary. justification for the boundary. justification for the boundary. D.Transit 1. existing or planned transit Major transit hub, has high Fixed route bus, regional bus, Yes, has frequent, all-day, fixed- Must have existing or planned Same. Should have local fixed-route or Q- 0 service levels quality/high-capacity existing or Bus Rapid Transit or frequent route bus service (16 hours, 15- frequent, local, express, or flexible transit service. Q planned service including all-day bus service (16 hours, 15 minute headways). flexible transit service. w existing or planned light rail, minute headways). High- c commuter rail,ferry, or other capacity transit may substitute Should have documented E high-capacity transit with for fixed-route bus. strategies to reduce commute similar frequent service as light impacts through transportation E rail. (18 hours, 15-minute demand management that are Q headways) consistent with the Regional t2 TDM Action Plan. a 2.transit-supportive Provides transit priority (bus Provides transit priority(bus Supports connection/transfers Provides transit priority (bus Supports connection/transfers Supports connection/transfers = infrastructure lanes, queue jumps, signal lanes, queue jumps, signal between routes and other lanes, queue jumps, signal between routes and other between routes and other priority, etc.) within the right- priority, etc.) within the right- modes. Provides infrastructure priority, etc.) within the right- modes, and increases amenities modes, and increases amenities M a of-way to maintain speed and of-way to maintain speed and (i.e. pedestrian and bicycle)that of-way to maintain speed and to make transit an inviting to make transit an inviting reliability of transit service. reliability of transit service. improves rider access to transit reliability of transit service. option. option. 3 Provides infrastructure (i.e. Provides infrastructure (i.e. service and increases amenities Provides infrastructure (i.e. pedestrian and bicycle)that pedestrian and bicycle)that to make transit an inviting pedestrian and bicycle)that 0 improves rider access to transit improves rider access to transit option. improves rider access to transit v service and increases amenities service and increases amenities service and increases amenities N 0 to make transit an inviting to make transit an inviting to make transit an inviting 0' option. option. option. c E. Market Potential 7 1. Evidence of future market Yes,with Market Study required Yes, with Market Study required Market Study encouraged Yes,with Market Study required Yes,with Market Study required Market Study encouraged c potential to support target and +- planned densities o 2. Market data will inform Required within Market Study Required within Market Study Encouraged within Market Required within Market Study, Required within Market Study, Encouraged within Market adoption of land use, housing, Study tailored for industrial tailored for industrial Study, tailored for industrial economic development, and employment. employment. employment. investment strategies, E� including equitable development strategies.22 a F. Role a 1. Evidence of regional or Yes Yes Yes Yes Yes Yes t) countywide role by serving as Y important destination N 2. Planning for long-term, Yes Yes Yes Yes Yes Yes N significant, and equitable growth E s �a w Q 22 For residential development,strategies and tools could include mandatory inclusionary housing,multifamily tax exemption,or others.For commercial and industrial development,strategies and tools could include priority hire policies,incentives for affordable commercial space,or others. Page 8 Packet Pg. 105 Docusign Envelope ID:5057C5C7-DB8E-4289-9677-908888B13187 8.E.c Attachment A to GMPC Motion 24-2 EmploymentMetro Growth Centers Urban Growth Centers Countywide Growth Centers Industrial G. Zoning 1. specific zones required No No No At least 75% land area zoned for Same At least 75%of land area zoned core industrial uses.This for core industrial uses. includes manufacturing, Q- O transportation,warehousing Q and freight terminals. N 2. specific zones prohibited No No No Commercial uses within core Same Same c industrial zones shall be strictly E limited. c m E Q 0 a a� _ M a m �3 _ O tU N O N N O M _ O 3 0 N d d' N _ d E _ d E Q a a tU tU Y N O N _ d E L t� 10 w Q Page 9 Packet Pg. 106 8.E.c a docusign Certificate Of Completion Envelope Id:5057C5C7-DB8E-4289-9677-908888B13187 Status:Completed Subject:Complete with Docusign:Ordinance 19871.docx,Ordinance 19871 Attachment A.pdf,Ordinance 19871... Source Envelope: Document Pages:2 Signatures:3 Envelope Originator: Supplemental Document Pages: 15 Initials:0 Cherie Camp Certificate Pages:5 O AutoNav: Enabled 401 5TH AVE Q Envelopeld Stamping: Enabled SEATTLE,WA 98104 Time Zone:(UTC-08:00)Pacific Time(US&Canada) Cherie.Camp@kingcounty.gov IP Address: 198.49.222.20 E Record Tracking Status:Original Holder:Cherie Camp Location:DocuSign Q 12/4/2024 10:10:40 AM Cherie.Camp@kingcounty.gov v Security Appliance Status:Connected Pool: Fed Ramp 0 Storage Appliance Status:Connected Pool:King County-Council Location:DocuSign d C Signer Events Signature Timestamp Signed by: Dave Upthegrove Sent: 12/4/2024 10:11:52 AM d dave.upthegrove@kingcounty.gov Viewed: 12/4/2024 10:31:54 AM Chair EE76CL01F07B14EF Signed: 12/4/2024 10:32:03 AM 3 Security Level: Email,Account Authentication w (None) Signature Adoption:Uploaded Signature Image Using IP Address:98.247.170.195 0 U Electronic Record and Signature Disclosure: c Accepted: 12/4/2024 10:31:54 AM N ID:3e7f1 a63-3b5e-4ba6-bet c-2390ee05fbfb N O EBDEIBB375AD3422D—Sig"ed MelaniHayby: Sent: 12/4/202410:32:05AM melani.hay@kingcounty.gov `"'" "'t Viewed: 12/4/2024 10:43:48 AM Clerk of the Council _ 9 Si ned: 12/4/2024 10:43:57 AM :F 0 King County Council 3 Signature Adoption:Pre-selected Style 0 Security Level: Email,Account Authentication N (None) Using IP Address: 198.49.222.20 � N Electronic Record and Signature Disclosure: Accepted:9/30/2022 11:27:12 AM I D:639a6b47-a4ff-458a-8ae8-c9251 b7d 1 a 1 f C Dow ConstantineSent: 12/4/2024 10:43:59 AM E Dow.Constantine@kingcounty.gov [Sil"11 a+^�by:�—^�� Viewed: 12/11/2024 9:34:19 AM Q King County Executive aFecnea,ssneacs. Signed: 12/11/2024 9:34:39 AM d Security Level: Email,Account Authentication U (None) Signature Adoption:Uploaded Signature Image Y Using IP Address: 146.129.84.117 N O Electronic Record and Signature Disclosure: N Accepted: 12/11/2024 9:34:19 AM c ID:868f7134-5ef8-47f5-b2b7-6dc54aff9d79 E s In Person Signer Events Signature Timestamp w Q Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Packet Pg. 107 8.E.c Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Ames Kessler COPIED Sent: 12/4/2024 10:44:00 AM akessler@kingcounty.gov Viewed: 12/4/2024 2:39:15 PM Executive Legislative Coordinator&Public Records Officer King County Q Security Level: Email,Account Authentication O (None) Q Electronic Record and Signature Disclosure: y Not Offered via DocuSign d Witness Events Signature Timestamp -V m Notary Events Signature Timestamp E Envelope Summary Events Status Timestamps c Envelope Sent Hashed/Encrypted 12/4/2024 10:11:52 AM a Certified Delivered Security Checked 12/11/2024 9:34:19 AM Signing Complete Security Checked 12/11/2024 9:34:39 AM C to Completed Security Checked 12/11/2024 9:34:39 AM d Payment Events Status Timestamps � 3 Electronic Record and Signature Disclosure O U N O N N O M C O :F. 3 O N d N C d E C d E Q a a U U Y N O N C d 1= t t� �0 Q Packet Pg. 108 Electronic Record and Signature Disclosure created on:8/24/2020 2:41:23 PM Parties agreed to: Dave Upthegrove,Melani Hay, Dow Constantine ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, King County-Department of 02 (we,us or Company)may be required by law to provide to you certain written notices or disclosures. 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To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required o notices and disclosures to you by the same method and to the same address that you have given a us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the E consequences of your electing not to receive delivery of the notices and disclosures electronically from us. E a How to contact King County-Department of 02: a. _ You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to a receive notices and disclosures electronically as follows: To contact us by email send messages to: cipriano.dacanay@kingcounty.gov r 0 To advise King County-Department of 02 of your new email address N O N To let us know of a change in your email address where we should send notices and disclosures N electronically to you, you must send an email message to us M at ci riano.dacana kin count ov and in the body of such request you must state: our p Y@ g Y•g Y q Y Y previous email address, your new email address. We do not require any other information from o you to change your email address. 0 If you created a DocuSign account, you may update it with your new email address through your account preferences. _ E To request paper copies from King County-Department of 02 E a a To request delivery from us of paper copies of the notices and disclosures previously provided a. U by us to you electronically, you must send us an email to cipriano.dacanay@kingcounty.gov and in the body of such request you must state your email address, full name, mailing address, and Y telephone number. We will bill you for any fees at that time, if any. N r _ a� To withdraw your consent with King County-Department of 02 To inform us that you no longer wish to receive future notices and disclosures in electronic Q format you may: Packet Pg. 110 8.E.c i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to cipriano.dacanay@kingcounty.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any o other information from you to withdraw consent.. The consequences of your withdrawing a consent for online documents will be that transactions may take a longer time to process.. r _ as E Required hardware and software E The minimum system requirements for using the DocuSign system may change over time. The ;, current system requirements are found here: https:Hsupport.docusi n.c�om/guides/signer- uig de- 2 0 signing-system-requirements. a _.E _ Acknowledging your access and consent to receive and sign documents electronically a� To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please confirm that you have = read this ERSD, and(i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, N if you consent to receiving notices and disclosures exclusively in electronic format as described N herein, then select the check-box next to `I agree to use electronic records and signatures' before M clicking `CONTINUE' within the DocuSign system. 0 By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that: a� • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send E this Electronic Record and Disclosure to a location where you can print it, for future = reference and access; and E • Until or unless you notify King County-Department of 02 as described above, you a a consent to receive exclusively through electronic means all notices, disclosures, a. U authorizations, acknowledgements, and other documents that are required to be provided or made available to you by King County-Department of 02 during the course of your Y relationship with King County-Department of 02. N r _ a� E U fC Q Packet Pg. 111 Docusign Envelope ID:2AD1EEF4-2A4B-4E41-A5B1-OAO512EC872B EXHIBIT B 1200 King County Courthouse KING COUNTY 516 Third Avenue LQ Seattle,WA 98104 King County Signature Report Ordinance 19880 0 Proposed No. 2023-0438.3 Sponsors Perry a r 1 AN ORDINANCE adopting and ratifying amendments to 2 the Urban Growth Area policies and Four-to-One program a 3 in the 2021 King County Countywide Planning Policies. 0 a. 4 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: a� _ 5 SECTION 1. Findings: o a d 6 A. The 2021 King County Countywide Planning Policies ("CPPs") were adopted 3 r 7 and ratified by King County on December 14, 2021, by Ordinance 19384. The CPPs o U 8 were ratified by the cities and towns in King County on April 6, 2022. o N 9 B. Ordinance 19384 established a workplan for the King County Growth o M 10 Management Planning Council ("GMPC") to review the Four-to-One program in the = 0 0 11 CPPs, King County Comprehensive Plan("Plan"), and King County Code ("K.C.C."). o a� 12 C. On September 25, 2023, the GMPC approved Motion 23-4, which 13 recommended amendments to the CPPs,Plan, and K.C.C., consistent with the a� 14 requirements in Ordinance 19384. a a a 15 SECTION 2. The amendments to the CPPs, as shown in Attachment A to this L) U Y 16 ordinance, are hereby adopted by King County and ratified on behalf of the population of N 0 N 17 unincorporated King County. a� E 18 SECTION 3. Severability. If any provision of this ordinance or its application to Q 1 Packet Pg. 112 Docusign Envelope ID:2AD1EEF4-2A4B-4E41-A5B1-OAO512EC872B 8.E.c Ordinance 19880 19 any person or circumstance is held invalid, the remainder of the ordinance or the 20 application of the provision to persons or circumstances is not affected. 0 Q Ordinance 19880 was introduced on 12/12/2023 and passed as amended by the Metropolitan King County Council on 12/10/2024, by the following vote: E Yes: 9 - Balducci, Bar6n, Dembowski, Dunn, Mosqueda, Perry, Upthegrove, von Reichbauer and Zahilay E 0 KING COUNTY COUNCIL a KING COUNTY,WASHINGTON .E _ �Signed by: d E76CE01F07B14EF Dave Upthegrove,Chair ATTEST: 0 0 U EHDocuSigned by: T- 8DEIBB375AD3422... om.:. Nam. Mom.:. Melani Hay,Clerk of the Council M c 0 APPROVED this day of 12/23/2024 0 0 m Signed by: N 4FBCA861g6AE4C6... Dow Constantine,County Executive = d E Q Attachments: A. Amendments to King County Countywide Planning Policies as adopted by Ordinance nn.. 19660,dated December 2024 U U Y N CD N r-: _ d E L U fC Q 2 Packet Pg. 113 Docusign Envelope ID:2AD1EEF4-2A4B-4E41-A5B1-OAO512EC872B 8.E.c Ordinance 19880 Attachment A to Proposed Ordinance 2023-0438 1 2 r a 0 3 Q rn 4 a� E 5 a E Q 6 2 0 IL 7 c c 8 a m 9 w c 10 Amendments to King County Countywide N 11 Planning Policies, as adopted by Ordinance N N 12 19660 13 3 14 0 a� 15 c 16 17 m E 18 Q a a 19 U Y 20 N 0 N LQI d 21 King County E 22 December 2024 ca Q 23 Page 1 Packet Pg. 114 Docusign Envelope ID:2AD1EEF4-2A4B-4E41-A5B1-OAO512EC872B 8.E.c Attachment A to Proposed Ordinance 2023-0438 24 In the Vision and Framework chapter, beginning on page 9, amend as follows: 25 26 FW-1 Maintain the currency of the Countywide Planning Policies through periodic review and 27 amendment. Initiate and review all amendments at the Growth Management Planning Council , 28 through the process described below: a 29 a) Only the Growth Management Planning Council may propose amendments to the r 30 Countywide Planning Policies except for amendments to the Urban Growth Area that a 31 may also be proposed by King County in accordance with policies DP-16 through _ 32 DP-18B; a 33 b) Growth Management Planning Council recommends amendments to the King County 34 Council for consideration, possible revision, and approval; proposed revisions by the o a 35 King County Council that are of a substantive nature may be sent to the Growth a, 36 Management Planning Council for their consideration and revised recommendation _ 37 based on the proposed revision; a d 38 c) A majority vote of the King County Council both constitutes approval of the 39 amendments and ratification on behalf of the residents of Unincorporated King 40 County; o U 41 d) After approval and ratification by the King County Council, amendments are N 42 forwarded to each city and town for ratification. Amendments cannot be modified N 43 during the city ratification process; and c M 44 e) Amendments must be ratified within 90 days of King County approval and require 45 affirmation by the county and cities and towns representing at least 70 percent of the 0 46 county population and 30 percent of those jurisdictions. Ratification is either by an o 47 affirmative vote of the city's or town's council or by no action being taken within the 48 ratification period. a� 49 E 50 In the Development Patterns chapter, beginning on page 25, amend as follows: 51 DP-17 Allow expansion of the Urban Growth Area ((^^I" if of bast GRe of the f"IlGWiRg criteria is E a 52 )) as follows: a U 53 a) A countywide analysis determines that the current Urban Growth Area is insufficient in Y 54 size and additional land is needed to accommodate the housing and employment N 0 55 growth targets, including institutional and other non-residential uses, and there are CN r 56 no other reasonable measures, such as increasing density or rezoning existing urban 57 land, that would avoid the need to expand the Urban Growth Area. Expansions under U 58 this subsection shall also be consistent with the criteria in DP-18A; ((er)) Q 59 b) ((A)) Through the Four-to-One Program, where a proposed expansion of the Urban 60 Growth Area is accompanied by dedication of permanent ((epeRspaee)) natural area Page 2 Packet Pg. 115 Docusign Envelope ID:2AD1EEF4-2A4B-4E41-A5B1-OAO512EC872B 8.E.c Attachment A to Proposed Ordinance 2023-0438 61 that is at least four times the size of the proposed expansion to the King County 62 Open Space System_((, . 63 1) Is at least four times the anreage of the land adder! +e the Urban Growth Area; r 64 7) Is rnn+ig,,n,,s with the Urban Growth Area t1 0 65 with at least a portion of the dediGated open spaGe surrounding the proposeda 66 Urban Growth Area expansion; anct a� 67 E c 68 to the band of permanent open sparse along the edge of the Urban GFE) Yth 69 AFea)) Expansions under the Four-to-One Program shall also be consistent a 70 with the criteria in DP-18B; or 2 0 a 71 c) The area is currently a King County park being transferred to a city to be maintained 72 as a park in perpetuity(( or is park land that has been eewned by a Gifi�Tne 1994 and 73 is less than thirty anres in size)) a m 74 •3 w c I •� U ` M r..�: o j f.. r` 2 O /I/ 1 1994 Urban Growth Area Map 1\ j� 2021 C—oyq,de Planning Policies tQ l� Q0-0.11"4U—GmwNA.n B—dn / E \ zorpnnu nY 'a � � \� Gry n ftunl Nea „... —.•.King Coumy Bnindry F eewry E .t V 04 04 1 King County \ _ 75 E s 76 Notes:This map is for reference only. The information on this map has been compiled by King County staff from a ca 77 variety of sources and is subject to change without notice. A detailed map of the 1994 Urban Growth Area boundary Q 78 can be found at http://gismaps.kingcounty.aov/iMap. The Joint Planning Areas(JPA)represents information from the 79 following ordinances: 10450, 11446, 11575, 11593, 12065, 12081, 12302, 12421, 12533, 12534, 12535, 13690, 80 14115, 14117, 14391, 14448, 14775, 16919, and 16949. King County makes no representation or warranties, Page 3 Packet Pg. 116 Docusign Envelope ID:2AD1EEF4-2A4B-4E41-A5B1-OAO512EC872B 8.E.c Attachment A to Proposed Ordinance 2023-0438 81 express or implied, as to the accuracy, completeness,timelines, or rights to the use of such information. This 82 document is not intended for use as a survey product. King County shall not be liable for any general, special, 83 indirect, incidental, or consequential damages including, but not limited to, loss revenues or lost profits resulting from 84 the use or misuse of the information contained on this map. 85 a 0 86 DP-18A ((Add land to the I IrbaR Growth Area only if expansion of the Urban Growth Area is Q 87 ,•, a,Tted based on Griteria in DIP 17(a) or DP 17(b) anil i+))An expansion of the Urban N 88 Growth Area under Policy DP-1 7(a) shall meet((s all e )) the following criteria: 89 a) ((l-s)) Be adjacent to the existing Urban Growth Area; E 90 b) ((Por�aRSiE)Rs based ^n DIP 17(a) ^nl„ is)) Be no larger than necessary to a 91 promote compact development that accommodates anticipated growth needs; 2 0 a 92 c) Can be efficiently provided with urban services and does not require supportive a, _ 93 facilities or services to cross or be located in the Rural Area or Natural Resource c _ 94 Lands; a 95 d) Follows topographical features that form natural boundaries, such as rivers and ridge 96 lines and does not extend beyond natural boundaries, such as watersheds, that ? 97 impede the provision of urban services; c U 98 e) Is not currently designated as Natural Resource Land; N 0 99 f) Is sufficiently free of environmental constraints to be able to support urban N 100 development without significant adverse environmental impacts, unless the area is M 101 designated as an Urban Separator by interlocal agreement between King County _ 102 and the annexing city; and 0 103 g) Is subject to an agreement between King County and the city or town adjacent to the 0 104 area that the area will be added to the city's Potential Annexation Area. Upon 105 ratification of the amendment, the Countywide Planning Policies will reflect both the m 106 Urban Growth Area change and Potential Annexation Area change. E 107 _ a 108 DP-18B Expansions of the Urban Growth Area under the Four-to-One Program in Policy DP- a 109 17(b) shall meet the following criteria: U 110 a) The proposed expansion of the Urban Growth Area: Y N O 111 1. Shall only allow for residential development; N 112 2. Can be efficiently provided with urban services and does not require 113 supportive facilities or services to cross or be located in the Rural Area or 0 114 Natural Resource Lands; .22 Page 4 Packet Pg. 117 Docusign Envelope ID:2AD1EEF4-2A4B-4E41-A5B1-OAO512EC872B 8.E.c Attachment A to Proposed Ordinance 2023-0438 115 3. Follows topographical features that form natural boundaries, such as rivers 116 and ridge lines and does not extend beyond natural boundaries, such as 117 watersheds, that impede the provision of urban services; 118 4. Is not currently be designated as Natural Resource Land; O 119 5. Is sufficiently free of environmental constraints to be able to support urban a 120 development without significant adverse environmental impacts, unless the r 121 area is designated as an Urban Separator by interlocal agreement between _ 122 King County and the annexing city; m 123 6. Is adjacent to the original Urban Growth Area boundary which was adopted in a 124 the 1994 King County Comprehensive Plan, unless there are limitations due to 125 the presence of critical areas, and does not expand the Urban Growth Area a° 126 from a location that was previously expanded through the Four-to-One 127 program; 128 7. Is subject to an agreement between King County and the city or town adjacent 129 to the area that the area will be added to the city's Potential Annexation Area. 3 130 Upon ratification of the amendment, the Countywide Planning Policies will = r 131 reflect both the Urban Growth Area change and Potential Annexation Area o U 132 change; and N O 133 8. Where the area is adjacent to an incorporated area, no development proposal `" 134 or activity shall be allowed until the land added to the Urban Growth Area is (14 135 annexed into a city or town; and 136 b) The proposed natural area shall: ° 137 1. Be at least four times the acreage of the land added to the Urban Growth 138 Area; 139 2. Provide at least three-quarters of the area required to be dedicated natural 140 area is on-site, _ a� 141 3. Fully surround the portion of the proposed Urban Growth Area expansion that E a 142 is adjacent Rural Area and Natural Resource Lands; and a a U 143 4. Preserves high quality habitat, critical areas, or unique features that contribute Y 144 to the band of permanent natural area along the edge of the Urban Growth N 145 Area. N r 146 DP-19 Allow redesignation of Urban land currently within the Urban Growth Area to Rural land _ 147 outside of the Urban Growth Area if the land is not needed to accommodate projected urban ° 148 growth, is not served by public sewers, is ((GeRtins e ^ ;+")) adjacent to the Rural Area, and: Q 149 a) Is not characterized by urban development; Page 5 Packet Pg. 118 Docusign Envelope ID:2AD1EEF4-2A4B-4E41-A5B1-OAO512EC872B 8.E.c Attachment A to Proposed Ordinance 2023-0438 150 b) Is currently developed with a low-density lot pattern that cannot be realistically 151 redeveloped at an urban density; or 152 c) Is characterized by ((eRV'rGRmeRtaI1„ Sons,+;„o)) critical areas making it inappropriate 153 for higher density development. O Q rn c a� E c m E Q 0 a a� c .E _ a d �3 r 0 U N O N N O M C O 7 O N d N _ d E _ d E Q a a U U Y N O N r�+ _ d E L U fC Q Page 6 Packet Pg. 119 8.E.c a docusign Certificate Of Completion Envelope Id:2AD1 EEF4-2A4B-4E41-A5B 1-OA0512EC872B Status:Completed Subject:Complete with Docusign:Ordinance 19880.docx,Ordinance 19880 Attachment A.pdf Source Envelope: Document Pages:2 Signatures:3 Envelope Originator: Supplemental Document Pages:6 Initials:0 Cherie Camp Certificate Pages:5 O AutoNav: Enabled 401 5TH AVE Q Envelopeld Stamping: Enabled SEATTLE,WA 98104 Time Zone:(UTC-08:00)Pacific Time(US&Canada) Cherie.Camp@kingcounty.gov IP Address: 198.49.222.20 E Record Tracking Status:Original Holder:Cherie Camp Location:DocuSign Q 12/11/2024 3:54:59 PM Cherie.Camp@kingcounty.gov v Security Appliance Status:Connected Pool: Fed Ramp 0 Storage Appliance Status:Connected Pool:King County-Council Location:DocuSign d C Signer Events Signature Timestamp Signed by: Dave Upthegrove Sent: 12/11/2024 4:00:59 PM d dave.upthegrove@kingcounty.gov Viewed: 12/11/2024 4:14:18 PM Chair EU6CE01F07B14EF Signed: 12/11/2024 4:14:28 PM 3 Security Level: Email,Account Authentication w (None) Signature Adoption:Uploaded Signature Image Using IP Address:98.247.170.195 0 U Electronic Record and Signature Disclosure: c Accepted: 12/11/2024 4:14:18 PM N ID:Oa5826f7-c900-4761-a6c3-fc25296e00dc N O EBDEIBB375AD3422D,cuSi,"ed Melani Hayby: Sent: 12/11/20244:14:29 PM melani.hay@kingcounty.gov `"'" "'t Viewed: 12/12/2024 7:43:34 AM Clerk of the Council _ 9 Si ned: 12/12/2024 7:43:41 AM :F 0 King County Council 3 Signature Adoption:Pre-selected Style 0 Security Level: Email,Account Authentication N (None) Using IP Address: 198.49.222.20 � N Electronic Record and Signature Disclosure: Accepted:9/30/2022 11:27:12 AM I D:639a6b47-a4ff-458a-8ae8-c9251 b7d 1 a 1 f C Dow Constantine Sent: 12/12/2024 7:43:42 AM E Dow.Constantine@kingcounty.gov [Si d by:�—^�� Viewed: 12/23/2024 11:22:37 AM Q King County Executive aFecnea,ssneacs. Signed: 12/23/2024 11:22:53 AM d Security Level: Email,Account Authentication U (None) Signature Adoption:Uploaded Signature Image Y Using IP Address: 146.129.84.117 N O Electronic Record and Signature Disclosure: N Accepted: 12/23/2024 11:22:37 AM c ID:03fb3018-1dOc-4741-bee9-6154f3b40a5e E s In Person Signer Events Signature Timestamp w Q Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Packet Pg. 120 8.E.c Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Ames Kessler COPIED Sent: 12/12/2024 7:43:42 AM akessler@kingcounty.gov Viewed: 12/12/2024 10:26:40 AM Executive Legislative Coordinator&Public Records Officer King County Q Security Level: Email,Account Authentication O (None) Q Electronic Record and Signature Disclosure: y Not Offered via DocuSign d Witness Events Signature Timestamp -V m Notary Events Signature Timestamp E Envelope Summary Events Status Timestamps o Envelope Sent Hashed/Encrypted 12/11/2024 4:00:59 PM d Certified Delivered Security Checked 12/23/2024 11:22:37 AM Signing Complete Security Checked 12/23/2024 11:22:53 AM C to Completed Security Checked 12/23/2024 11:22:53 AM d Payment Events Status Timestamps � 3 Electronic Record and Signature Disclosure -� O U N O N N O M C O :F. 3 O N d N C d E C d E Q a a U U Y N O N C d 1= t t� �0 Q Packet Pg. 121 Electronic Record and Signature Disclosure created on:8/24/2020 2:41:23 PM Parties agreed to: Dave Upthegrove,Melani Hay, Dow Constantine ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, King County-Department of 02 (we,us or Company)may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign o system. Please read the information below carefully and thoroughly, and if you can access this a information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign E system. E a Getting paper copies 2 0 a At any time, you may request from us a paper copy of any record provided or made available c electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a = $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. N O N N Withdrawing your consent M If you decide to receive notices and disclosures from us electronically, you may at any time o change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. E Consequences of changing your mind E a a If you elect to receive required notices and disclosures only in paper format, it will slow the a. U speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, Y and then wait until we receive back from you your acknowledgment of your receipt of such N paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. U fC Q All notices and disclosures will be sent to you electronically Packet Pg. 122 Unless you tell us otherwise in accordance with the procedures described herein,we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required o notices and disclosures to you by the same method and to the same address that you have given a us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the E consequences of your electing not to receive delivery of the notices and disclosures electronically from us. E a How to contact King County-Department of 02: a. _ You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to a receive notices and disclosures electronically as follows: To contact us by email send messages to: cipriano.dacanay@kingcounty.gov r 0 To advise King County-Department of 02 of your new email address N O N To let us know of a change in your email address where we should send notices and disclosures N electronically to you, you must send an email message to us M at ci riano.dacana kin count ov and in the body of such request you must state: our p Y@ g Y•g Y q Y Y previous email address, your new email address. We do not require any other information from o you to change your email address. 0 If you created a DocuSign account, you may update it with your new email address through your account preferences. _ E To request paper copies from King County-Department of 02 E a a To request delivery from us of paper copies of the notices and disclosures previously provided a. U by us to you electronically, you must send us an email to cipriano.dacanay@kingcounty.gov and in the body of such request you must state your email address, full name, mailing address, and Y telephone number. We will bill you for any fees at that time, if any. N r _ a� To withdraw your consent with King County-Department of 02 To inform us that you no longer wish to receive future notices and disclosures in electronic Q format you may: Packet Pg. 123 8.E.c i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to cipriano.dacanay@kingcounty.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any o other information from you to withdraw consent.. The consequences of your withdrawing a consent for online documents will be that transactions may take a longer time to process.. r _ as E Required hardware and software E The minimum system requirements for using the DocuSign system may change over time. The ;, current system requirements are found here: https:Hsupport.docusi n.c�om/guides/signer- uig de- 2 0 signing-system-requirements. a _.E _ Acknowledging your access and consent to receive and sign documents electronically a� To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please confirm that you have = read this ERSD, and(i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, N if you consent to receiving notices and disclosures exclusively in electronic format as described N herein, then select the check-box next to `I agree to use electronic records and signatures' before M clicking `CONTINUE' within the DocuSign system. 0 By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that: a� • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send E this Electronic Record and Disclosure to a location where you can print it, for future = reference and access; and E • Until or unless you notify King County-Department of 02 as described above, you a a consent to receive exclusively through electronic means all notices, disclosures, a. U authorizations, acknowledgements, and other documents that are required to be provided or made available to you by King County-Department of 02 during the course of your Y relationship with King County-Department of 02. N r _ a� E U fC Q Packet Pg. 124 8.F KENT DATE: March 18, 2025 TO: Kent City Council SUBJECT: Accept the Summit Landsburg Road and Rock Creek Culvert Replacement Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the Summit Landsburg Road and Rock Creek Culvert Replacement 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: The Summit Landsburg Road and Rock Creek Culvert Replacement Project (Project) included removal of three existing culverts in Rock Creek and construction of a new concrete bridge (measuring 110-FT end-to-end) over Rock Creek on SE Summit Landsburg Road. The Project was located within the City's Clarks Springs Watershed. The new bridge is half in the Kent City limits and half in unincorporated King County. Work related to this Project included restoration of the Rock Creek stream bed, placement of woody debris habitat features, the relocation of a Covington Water District water main, a Soos Creek Water and Sewer District sanitary sewer force main, Lumen/Century Link telecommunications utilities, and other items. The Project improved salmon habitat in an area that is a critical water supply resource for the City and was a requirement of the Clark Springs Habitat Conservation Plan. The final contract total paid was $2,406,947.55 which is $118,072.21 over the original contract amount of $2,288,875.34. BUDGET IMPACT: Project costs were paid for out of the Water Fund. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 125 8.G KENT DATE: March 18, 2025 TO: Kent City Council SUBJECT: Lease Agreement with MasonCA, LLC for the Riverbend Golf Complex Restaurant — Authorize MOTION: I move to authorize the Mayor to sign the Lease Agreement with MasonCA, LLC, d/b/a Riverbend Bar and Grill, and sign all necessary additional documents, including subsequent renewal terms authorized by the Lease Agreement, subject to final terms and conditions acceptable to the Parks Director and the City Attorney. SUMMARY: After a seven-month closure due to a lengthy court dissolution process involving the previous tenant, City staff issued a Request for Proposals (RFP) in July 2024 to secure a new restaurant concessionaire for the Riverbend Golf Complex. Proposals were due August 30, 2024. A total of five (5) viable proposals were received for consideration. A selection panel comprised of the Chief Administrative Officer, Parks Director, Golf Manager, and a representative from the Riverbend Men's Club reviewed the proposals and conducted interviews with the top two candidates. Following this process, the City entered into negotiations with Corey Mason, the current and sole owner/operator of DaVine Whiskey and Wine (Maple Valley), Dino's Pub (Renton), and Fall City Bar and Grill (Fall City). Final lease terms were agreed upon by both parties. To support a potential opening ahead of the 2025 peak golf season, the City entered into an early access agreement with Mr. Mason. This agreement allows for light tenant improvements, placement of restaurant equipment etc. to begin, in preparation for a planned Grand Opening in April 2025. Before taking access, Mr. Mason fulfilled all City requirements, including submitting the $10,000 security deposit and providing proof of required insurance coverage. During this early access period, no rent is charged; however, the tenant is responsible for all utility consumption. Once the lease is signed, the early access agreement will be terminated, and lease terms will become effective on April 1, 2025. The rental payment schedule will become effective at the commencement of restaurant operations. The lease agreement includes an initial term of ten (10) years, with two optional Packet Pg. 126 8.G five (5) year extensions. Base rent will increase annually based on the Consumer Price Index (CPI). At the time of each extension, the City reserves the right to review and adjust the rent to reflect current market rates. The projected Grand Opening date is contingent upon Council approval of the formal lease documents and obtaining necessary permits, including a Liquor and Cannabis license and Health Department approval-all of which are currently pending. If this Agreement passes out of the Committee of the Whole on March 18, 2025, it will move forward for final action on that night's City Council agenda on the Consent Calendar. BUDGET IMPACT: This lease will impact revenues within the Golf Fund. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Riverbend Lease (PDF) 2. Riverbend - COI - City of Kent (PDF) Packet Pg. 127 8.G.a d N �L 0 Q L RIVERBEND GOLF COMPLEX a- E 0 U RESTAURANT LEASE 0 Between L THE CITY OF KENT, a Washington Municipal Corporation L 0 U as Landlord, a U and 0 U) cc MasonCA, LLC r a Washington Limited Liability Company 3 E as Tenant L Q d d J O M d N f4 0 J C d L LL C� C V Q Packet Pg. 128 8.G.a TABLE OF CONTENTS d N �L 0 Q SECTION 1 - BASIC LEASE PROVISIONS AND ENUMERATION OF EXHIBITS.....................................1 = 1.1 Basic Lease Provisions. ...................................................................................................... 1 L 1.2 Significance of Basic Lease Provisions...............................................................................3 CU 1.3 Exhibits................................................................................................................................3 N as SECTION 2 - PREMISES .............................................................................................................................3 x 2.1 Premises and Demise-General) 3 T y......................................................................................... a 2.2 Patio Area-Revocable License............................................................................................4 E 2.3 Banquet Tent-Revocable License.........................................................................4 �j 2.4 Future Construction Activities...............................................................................4 = 0 SECTION 3-TERM, LANDLORD'S AND TENANT'S WORK ....................................................................5 3.1 Lease Term .........................................................................................................................5 c 3.2 Tenant's Work. ....................................................................................................................6 .0 3.3 Statement as to Lease Term...............................................................................................6 SECTION4 - RENT......................................................................................................................................6 4.1 Monthly Rent. ......................................................................................................................6 r 4.2 Security Deposit. .................................................................................................................7 0 4.3 Adjustments.........................................................................................................................7 '� 4.4 No Offsets or Deductions/Place of Payment.......................................................................8 J 4.5 Late Charges.......................................................................................................................9 J 4.6 Interest; Insufficient Funds. .................................................................................................9 Q U c SECTION5 - USE.........................................................................................................................................9 0 5.1 Permitted Uses....................................................................................................................9 cc 5.2 Uses Prohibited...................................................................................................................9 5.3 Operation of Business....................................................................................................... 10 3 5.4 Compliance with Laws....................................................................................................... 11 5.5 Hazardous Material. .......................................................................................................... 11 5.6 Representation and Warranty of Tenant. ........................................................................... 11 E d SECTION 6- UTILITIES AND HVAC.........................................................................................................13 a, 6.1 Utilities............................................................................................................................... 13 Q 6.2 Non-Liability of Landlord..................................................................................................... 14 v0i SECTION 7-LEASEHOLD AND PERSONAL PROPERTY TAXES..........................................................14 _J 7.1 Tenant's Obligations. ......................................................................................................... 14 0 SECTION 8- LICENSE AND TAXES..........................................................................................................14 Cl) 8.1 Tenant's Obligations. ......................................................................................................... 14 m SECTION 9-ALTERATIONS......................................................................................................................14 d 9.1 Acceptance of Premises. ................................................................................................... 14 _J 9.2 Alterations by Tenant. ........................................................................................................ 14 9.3 Disability Laws................................................................................................................... 15 L SECTION 10 - MAINTENANCE OF PREMISES........................................................................................15 > 10.1 Maintenance and Repair by Tenant.................................................................................. 15 10.2 Failure to Maintain............................................................................................................. 16 10.3 Repairs by Landlord. ......................................................................................................... 16 10.4 Surrender of Premises. ..................................................................................................... 16 s cs Q Riverbend Restaurant Lease Packet Pg. 129 8.G.a SECTION 11 - LIENS AND ENCUMBRANCES.........................................................................................16 11.1 Liens.................................................................................................................................. 16 11.2 Encumbrances. ................................................................................................................. 16 L 0 SECTION 12 - ASSIGNMENT AND SUBLETTING....................................................................................17 12.1 Assignment or Sublease. .................................................................................................. 17 Q 12.2 Assignee Obligations......................................................................................................... 17 i 12.3 Sublessee Obligations....................................................................................................... 17 cu 12.4 Conditional Consents. ....................................................................................................... 17 12.5 Attorneys' Fees and Costs. ............................................................................................... 17 12.6 Transfer of Landlord's Interest. ......................................................................................... 18 SECTION 13 - COMMON AREAS..............................................................................................................18 X 13.1 Control of Common Areas................................................................................................. 18 a E SECTION 14 - INSURANCE AND INDEMNITY.........................................................................................18 0 14.1 Indemnification. ................................................................................................................. 18 14.2 Insurance........................................................................................................................... 19 ° 14.3 Mutual Release and Waiver of Subrogation....................................................................... 19 14.4 Acts of Others. ...................................................................................................................20 = d 14.5 Evidence of Coverage Prior to Entry. .................................................................................20 -_ L SECTION 15- EMINENT DOMAIN .............................................................................................................20 SECTION 16 - TENANT'S DEFAULT.........................................................................................................20 s 16.1 Default. ..............................................................................................................................20 L 16.2 Remedies in Default..........................................................................................................21 ° 16.3 Remedies Cumulative-Waiver...........................................................................................22 v J 16.4 Acceptance of Payment. ...................................................................................................22 J 16.5 Waiver of Rights of Redemption. ......................................................................................22 v 16.6 Application of Rents. .........................................................................................................22 = 16.7 Bankruptcy 22 ° P Y......................................................................................................................... 0 0 SECTION 17 - DEFAULT BY LANDLORD.................................................................................................23 17.1 Default by Landlord. ..........................................................................................................23 _ 17.2 Tenant's Right to Damages...............................................................................................23 3 SECTION 18 - DESTRUCTION..................................................................................................................23 18.1 Damage or Destruction. ....................................................................................................23 d L SECTION 19 -ACCESS BY LANDLORD...................................................................................................24 Q 19.1 Right of Entry.....................................................................................................................24 19.2 Excavation.........................................................................................................................24 M d SECTION 20 - SURRENDER OR ABANDONMENT OF PREMISES........................................................24 J 20.1 Surrender of Possession...................................................................................................24 20.2 Holding Over. ....................................................................................................................24 20.3 Voluntary Surrender. .........................................................................................................24 ,. m SECTION 21 - QUIET ENJOYMENT..........................................................................................................25 CU 21.1 Landlord Covenant............................................................................................................25 SECTION 22 - AUTHORITY OF PARTIES.................................................................................................25 22.1 Authority. ...........................................................................................................................25 d SECTION23 - SIGNS.................................................................................................................................25 > 23.1 General..............................................................................................................................25 23.2 Tenant's Interior Signs. .....................................................................................................25 23.3 Sign Requirements............................................................................................................25 E s SECTION 24 - DISPLAYS, AUCTIONS AND SALES ...............................................................................26 24.1 General..............................................................................................................................26 Q Riverbend Restaurant Lease II Packet Pg. 130 8.G.a SECTION 25—MARKETING AND COMMUNITY ENGAGEMENT...........................................................26 25.1 General.........................................................................................................26 N SECTION 26- MISCELLANEOUS .............................................................................................................26 0 26.1 Environmental Stewardship 26 26.2 Successors or Assigns......................................................................................................26 Q 26.3 Tenant Defined..................................................................................................................27 i 26.4 Broker's Commission. .......................................................................................................27 = 26.5 Partial Invalidity. ................................................................................................................27 26.6 Recording. .........................................................................................................................27 26.7 Notices...............................................................................................................................27 m 26.8 Plats and Riders; Marginal Headings; Captions. ..............................................................27 x 26.9 Waiver. ..............................................................................................................................27 m 26.10 Joint Obligations................................................................................................................28 Q. E 26.11 Time...................................................................................................................................28 0 26.12 Inability to Perform. ...........................................................................................................28 ,v 26.13 Choice of Law; Venue. ......................................................................................................28 0 26.14 Legal Expenses.................................................................................................................28 26.15 Competition. ......................................................................................................................28 = a� 26.16 Acceptance of Keys...........................................................................................................28 L 26.17 Landlord's Consent. ..........................................................................................................28 0 26.18 No Light, Air or View Easement. .......................................................................................28 26.19 Name.................................................................................................................................28 s 26.20 Submission of Lease.........................................................................................................29 L 26.21 Prior Agreements. .............................................................................................................29 26.22 Construction. .....................................................................................................................29 v J 26.23 Financial Statements.........................................................................................................29 J 26.24 City Business License Required.........................................................................29 v 26.25 Effective Date. ...................................................................................................................30 0 ca z EXHIBITS Exhibit A Premises Exhibit B Early Access Agreement Exhibit C Insurance Requirements Exhibit D Annual Rent Increase Schedule L a� Q m ca a� ..J ,d. O M d' G1 N d J C d i r-� C d E t C� c� Q Riverbend Restaurant Lease III Packet Pg. 131 8.G.a • KENT W A s H 1 H G 1 o N RETAIL LEASE a� N THIS RETAIL LEASE ("Lease") is made by and between the city of Kent, a Washington municipal corporation c (hereinafter referred to as the"Landlord"),and Lessee, MasonCA, LLC,a Washington limited liability corporation(hereinafter S referred to as the "Tenant"). Q i WHEREAS, the Landlord is the owner of certain real property and improvements at the Riverbend Clubhouse, located at 2019 W. Meeker St., Kent, Washington, 98032, and Landlord intends to lease a portion of that property, including generally a restaurant dining area, banquet area, kitchen, walk-in coolers, back offices, patio and dry storage (the "Leased y Premises" or the "Premises"). The Premises are more particularly described and shown on Exhibit A, attached and � incorporated. x m WHEREAS, Landlord desires to lease the Premises to Tenant under the terms of this Lease and Tenant desires E and agrees to take and lease the Premises. 0 NOW THEREFORE, for and in consideration of the rents reserved and the terms and conditions in this Lease, the 0 Landlord does rent, demise and lease to Tenant, and Tenant takes and leases from Landlord the Premises. c a� L SECTION 1 - BASIC LEASE PROVISIONS AND ENUMERATION OF EXHIBITS > a� 1.1 Basic Lease Provisions. L O Landlord: The City of Kent, Washington V Landlord's Address: Attention: Director of Parks, Recreation and Community Services J 220 4t"Ave. S. a Kent, WA 98032 Phone: 253-856-5007 0 Fax: 253-856-6050 cNa Tenant: MasonCA, LLC 3 c m Tenant's Address: 13914 SE 88th Place E (For Notice Purposes) Newcastle, WA 98059 L a� Tenant's Address: 2019 West Meeker Street Q m (At Leased Premises) Kent, WA 98032 a� ..J Tenant's Permitted Riverbend Bar and Grill o Trade Name: m Leased Premises: See Exhibit A, attached �a 0 J Lease Term: 10 years from Commencement Date, plus two 5-year options to extend. a� Possession Date: April 1, 2025. >_ Commencement Date: To be determined per Section 3.3 below. E Termination Date: 10 years from Commencement Date, unless the Lease Term is extended pursuant to Section 3.1(c) below. Q Packet Pg. 132 8.G.a Monthly Rent: Variable, Subject to Section 4.1 and illustrated by Annual Rent Increase Schedule, attached hereto as Exhibit D. Annual Rent Increase: The Monthly Rent shall be increased annually in accordance with Section 4.1. N L ° t Market Rate Adjustment for In addition to the annual rent increases illustrated by Term Extensions Exhibit D, the Monthly Rent may be adjusted at the City's Q sole discretion in accordance with market rates at the r time of any proposed lease term extension or renewal. i ° co Not included in Rent. Tenant shall pay utilities in accordance with y Utilities: Section 6.1. x Leasehold Excise Tax: Tenant to pay all leasehold excise tax due under state law, currently Q. estimated at 12.84% of Monthly Rent before any discount or E reduction. ° U O 0 Security Deposit: $10,000 to be paid upon lease execution or converted from deposit c required by Early Access Agreement, attached hereto as Exhibit B. Interest accruing on Security Deposit is not payable to Tenant. Tenant Work: Tenant will install or construct improvements generally in accordance with the terms of this Lease and approval of c Landlord.All improvements shall be the property of Landlord. v Permitted Uses: The Tenant will operate the Premises to complement and � enhance the Riverbend Golf Complex golfer and client a experience as well as surrounding community. Tenant will use the Premises for the operation of a casual sit-down full- w service restaurant with a Class H liquor license and full bar serving breakfast, lunch, and dinner seven (7) days a week. z Other services will include beverage cart service to the golf course during peak golfing season (June — September annually), select non-peak months, with spot service for m tournaments during golf offseason, catering for tournaments, aEi golf course special events, and private or public events, as L well as food and beverage services at the driving range. Q m Tenant may, at no additional rent, establish outdoor seating cNa Outdoor Seating: on the patio area shown on Exhibit A that is adjacent to the _J Premises, after first obtaining applicable federal, state, and .d: local permits or approvals. Excluding any patio planters, M Tenant, at its sole expense, will maintain the patio in clean, d usable condition before, during, and after its use. Tenant will N provide all restaurant amenities, including without limitation, tables, chairs, waste receptacles, wait stations, umbrellas, _J lighting, etc. d Tent/ Banquet Area Subject to availability, Tenant may, at no additional rent, utilize the outdoor tent/banquet area shown on Exhibit A that is near the Premises, after first obtaining any applicable federal, state, and local permits or approvals. E s ca Q Packet Pg. 133 8.G.a Exclusive Use: During the initial Lease Term so long as Tenant is not in default under the Lease, and subject to Section 5.1(b)below, Landlord agrees that from and after that date Landlord will not enter into any future lease within the Riverbend Golf Complex with a tenant whose primary use is for food or restaurant services as a full-service sit down restaurant or N L for on-site catering. "Full-service sit down" is defined as a sit C s down restaurant with table service and wait staff. Tenant acknowledges and agrees that the Exclusive Use will a automatically terminate and be of no further effect without notice from Landlord in the event that (i) Tenant remains in i default of the Lease beyond any applicable cure period, and Tenant is not allowed subsequently to cure the default; (ii) y Tenant discontinues its operations in the Premises for more than thirty (30) consecutive days (except in connection with X casualty, condemnation, force majeure, permitted Q assignment or subletting, periodic remodeling, or national E holidays (collectively, "permitted closures"); or(iii) subject to �j the exceptions set forth in subsection(ii)hereof,Tenant does not operate the Premises for the use specifically set forth in Section 1.1. c a� L 1.2 Significance of Basic Lease Provisions. Paragraph 1.1 represents a summary of the basic terms of this Lease. In the event of any inconsistency between the terms contained in Paragraph 1.1 and any specific provision in this Lease, the terms of the more specific provision will L prevail. c U J 1.3 Exhibits. J Q U The exhibits enumerated in this Section 1.3 and attached to this Lease are incorporated herein by reference and c are to be construed as a part of this Lease. This Lease shall control in the event of any conflict between the terms of this lease and any exhibit. Each party agrees to perform any obligation on its part stated in any and all exhibits: z r Exhibit A Premises Exhibit B Early Access Agreement c Exhibit C Insurance Requirements E E Exhibit D Annual Rent Increase Schedule a� L Q SECTION 2 - PREMISES a� J 2.1 Premises and Demise-Generally. 0 Cl) Landlord hereby leases, rents and demises to Tenant, and Tenant hereby accepts from Landlord, subject to and with the benefit of the terms and provisions of this Lease, the Premises described in Section 1.1 and generally depicted in the first N figure in Exhibit A. The Premises do not include the areas crossed out in red. The Premises, and the Furniture, Fixtures & Equipment (FF&E) located therein on the date that any Early Access Agreement, pursuant to Exhibit B, was granted to J Tenant are delivered AS IS WHERE IS. Landlord warrants it is the owner of the FF&E, free of any claims of third parties. c Tenant will pay all personal property taxes due going forward from the date of this Lease. In addition, Tenant will be required, at the end of the Lease Term, to leave any affixed FF&E in place in the Premises at no cost to Landlord and in the same condition as at the time of delivery, reasonable wear and tear excepted. The Premises does not include the space above the suspended ceiling or below the surface of the floor slab; provided, however, commencing 60 days after the ; Commencement Date, Tenant will be solely responsible for the cost of maintaining all systems (such as electrical, lighting, heating and plumbing) or portions thereof that exclusively serve the Premises, but are located outside the Premises. E Landlord warrants that those systems are in good working condition as of the Commencement Date. a Packet Pg. 134 8.G.a 2.2 Patio Area-Revocable License. Tenant is granted a non-exclusive, revocable license to use an area identified as the area generally depicted and outlined in purple in the second figure on Exhibit A (the "Patio Area") for the purpose of an outdoor seating area, provided that the Tenant's use does not violate any governmental rule or restriction, and provided further that Landlord will have the right to N approve the location and design of the Patio Area (including but limited to any partitioning of the Patio Area),which approval .o will not be unreasonably withheld. Tenant will, at its sole cost and expense, comply with all relevant governmental rules, regulations or ordinances and obtain all necessary permits or licenses for the same. Tenant's use and occupancy of the a Patio Area will be subject to all of the terms and provisions of this Lease as if the Patio Area were part of the Premises, i including without limitation all of the insurance and indemnification provisions of the Lease. Tenant will at all times when c Tenant is using the Patio Area keep the Patio Area in a clean and neat condition consistent with the standards that would 2 be expected in a first-class golf complex. Landlord, however, will be responsible for landscaping and planters on the patio area, if any. Tenant will not allow any music or other noise or any odors to emanate from the Patio Area that would unreasonably disturb any users of the Riverbend Golf Complex or their clients or customers. If Tenant fails to comply with the requirements of this Section 2.2 after a reasonable written notice and opportunity to cure, Landlord will have the right to 0 cure Tenant's default, and Tenant will reimburse Landlord for any costs incurred by Landlord as additional rent. E Notwithstanding anything to the contrary set forth in this Section 2.2, in the event that Landlord provides Tenant with more o than 2 notices of default, and those defaults are uncured under this Section 2.2 in any calendar year, Landlord will have the ,V right to revoke this revocable license on written notice to Tenant, which notice will be effective upon the third day following o the day upon which written notice is placed in the mail. c 2.3 Banquet Tent-Revocable License. Tenant is granted a non-exclusive, revocable license to use an area identified as the area generally depicted and outlined in yellow on the second figure on Exhibit A(the"Banquet Tent")for the purpose of hosting tournament events, private events L and parties and additional seating, provided that the Tenant's use does not violate any governmental rule or restriction, and ,o subject to availability. Tenant will, at its sole cost and expense, comply with all relevant governmental rules, regulations or J ordinances and obtain all necessary permits or licenses for the same. Tenant's use and occupancy of the Banquet Tent J will be subject to all of the terms and provisions of this Lease as if the Banquet Area were part of the Premises, including c without limitation all of the insurance and indemnification provisions of the Lease. Tenant will at all times when Tenant is c using the Banquet Tent keep it in a clean and neat condition consistent with the standards that would be expected in a first- w class golf complex. Tenant will not allow any music or other noise or any odors to emanate from the Patio Area that would unreasonably disturb any users of the Riverbend Golf Complex or their clients or customers. If Tenant fails to comply with s the requirements of this Section 2.3 after a reasonable written notice and opportunity to cure, Landlord will have the right to cure Tenant's default, and Tenant will reimburse Landlord for any costs incurred by Landlord as additional rent. Notwithstanding anything to the contrary set forth in this Section 2.2, in the event that Landlord provides Tenant with more 2) than 2 notices of default, and those defaults are uncured under this Section 2.2 in any calendar year, Landlord will have the aEi right to revoke this revocable license on written notice to Tenant, which notice will be effective upon the third day following L the day upon which written notice is placed in the mail. °) Q m 2.4 Future Construction Activities cNa a� J Landlord expressly reserves the right to, at its sole discretion, explore and proceed with the construction of a permanent d structure in the area currently designated for the Banquet Tent and/or Patio Area. Such construction may necessitate temporary closures or restrictions on the use of the Patio Area and/or Banquet Tent. Landlord shall provide Tenant with no d less than 120 days'written notice prior to the commencement of such activities and will work collaboratively with Tenant to N mitigate any potential disruptions to Tenant's operations during the construction period. Landlord will engage Tenant in the design phase of the permanent shelter structure, soliciting the Tenant's feedback and recommendations to ensure the J design aligns with the operational needs and aesthetic goals of the Riverbend Golf Complex. While Landlord values and will consider Tenant's input, the final design and decisions regarding the shelter structure shall remain within the sole discretion of Landlord. Landlord shall use reasonable efforts to minimize disruptions to the Tenant's operations during the a, construction phase and shall coordinate with the Tenant to address any specific operational concerns. r c m E t ca ,r Q Packet Pg. 135 8.G.a SECTION 3—TERM, LANDLORD'S AND TENANT'S WORK 3.1 Lease Term (a) Possession Date. The"Possession Date"will be the date Landlord delivers the Premises to Tenant N and shall occur on April 1st, 2025. o s r (b) Commencement and Termination Date. This Lease will be for the term set forth in Section 1.1 a above (hereinafter referred to as the "Term" or "Lease Term ") and the Commencement Date for the restaurant operation i shall be mutually determined following completion of any initial Tenant improvements, and receipt of final approval fora 5 liquor license from the Washington State Liquor and Cannabis Board. The Lease Term will terminate at 11:59 P.M. of the Termination Date set forth in Section 1.1 above (hereinafter referred to as the "Termination Date"). If the Commencement r Date occurs on any other day other than the 1 st day of a calendar month,then the Lease Term will be extended to include that portion of the calendar month necessary for the Termination Date to occur on the last day of that calendar month. If Tenant x fails to surrender the Premises at the end of the Lease Term, or any renewal or extension, Tenant will be liable for, and will d indemnify Landlord against, all claims and demands made by any succeeding tenants against Landlord founded upon delay E by Landlord in delivering possession of the Premises to the succeeding tenant. The extension of the Term will be on the o same terms, covenants and conditions as in this Lease. 0 (c) Option to Extend. Provided that no default exists at the time Tenant elects to exercise an option, Tenant may extend the Term of this Lease for two (2) periods of five years each. Tenant must exercise this right by delivering written notice of Tenant's exercise at least six, but not more than nine months prior to the expiration of the initial ten-year Term or the current extension. Prior to the first month of each option for extension, the Monthly Rent may be adjusted from the last month of the preceding term's rental rate at the City's sole discretion to reflect a current market R demand rate for the lease of similar facilities, which will be capped at a max of 8% growth from the last month of the preceding term for the first option for extension and at a max of 11% growth from the last month of the preceding term for L the second option for extension. Landlord will provide notice of monthly rent increase 6 (six) months in advance of each ° option for extension. v J J (d) Landlord's Redevelopment Option. Tenant acknowledges and agrees that, beginning January of a 2027, Landlord will have the right at any time upon twelve(12)months' prior written notice from Landlord to Tenant(i.e., notice may be given as early as January of 2026 to redevelop all or any part of the Riverbend Golf Complex directly affecting Tenant's w Premises,which may include demolishing the Building and/or Premises and rearranging,contracting or expanding the location, size, dimensions and appearance of the Riverbend Golf Complex, including without limitation, the buildings, structures, other s improvement areas and facilities, and the common areas (and their entranceways and exits), and/or combine the Premises with space adjacent to the Premises. If Landlord elects to redevelop the Riverbend Golf Complex that results in the demolition of Tenant's Premises, then Landlord or Tenant will have the right to terminate this Lease upon six(6) months written notice. E (D (1) No Liability for Landlord. Notwithstanding anything contained in this Lease to the contrary, L Tenant agrees that: Q m (i) Landlord will have no liability, and Tenant will not be entitled to any compensation or cc a reduction or abatement of Rent prior to termination,as a result of Landlord's exercise of its rights under Section 3.1(d)above. J However, if Landlord exercises its rights under Section 3.1(d) above to demolish or redevelop the Premises, Landlord will d reimburse Tenant the depreciated value of the original Tenant Improvements made prior to the Possession Date. Such M reimbursement shall be based on a straight-line depreciation. Landlord shall not be required to reimburse Tenant pursuant to this section if Tenant is in default or material breach of the Lease as provided in Section 16 herein. Following completion of N initial tenant improvements, Tenant will provide a summarized list of original improvements to Landlord, establishing initial value of said improvements.Tenant shall also provide Landlord with documentation of the value any subsequent improvements J within 30 days of completion.All improvements shall be solely owned by Landlord and nothing in this section shall be construed to create a lien or vest ownership of these improvements on Tenant's behalf. a� u Tenant will not commence an action or proceeding seeking injunctive or declaratory (��) Y p 9 g� l � relief in connection with any of the rights reserved to Landlord under Section 3.1(d)above. If Tenant intends to commence any ; action or proceeding, it will only seek monetary relief, provided that in no way will this be deemed a waiver or modification of subsection 3.1(d)(1)(i)above; and E (iii) If Landlord will prevail in any action or proceeding taken by Tenant, Tenant will pay a to Landlord,as Additional Rent, a sum equal to all legal fees, costs and disbursements, incurred by Landlord in any way related to, or arising out of, that action or proceeding. Packet Pg. 136 8.G.a 3.2 Tenant's Work. Tenant will commence the installation of fixtures, equipment and any other Tenant's Work not performed under the Early N Access Agreement promptly following the Possession Date and Tenant will diligently pursue its initial installation and work .o completion prior to the Commencement Date. Following the Commencement Date, Tenant may make intermittent improvements subject to this Lease and Landlord's permission per Section 9. Tenant will pursue issuance of permits with a due diligence and will pick up all permits within five days after receipt of notification from the Landlord that the permits are i ready. All of Tenant's Work will be at Tenant's sole cost and expense and will be pursuant to plans and specifications c approved, in writing, by Landlord. Tenant's contractor will name Landlord as an additional insured on contractor's insurance policies. All Tenant's Work will be undertaken and completed in a good, workmanlike manner and Tenant will obtain all necessary governmental permits, licenses and approvals and will fully comply with all governmental statutes, ordinances, rules and regulations. Tenant covenants that no work by Tenant or Tenant's employees, agents or contractors will disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or the Riverbend Golf Complex. 0 Tenant's failure to comply with the terms and conditions of this provision will be a material breach of this Lease. If required E by Landlord, Tenant will provide its own trash container(s)as needed for containment and removal of construction debris from o Tenant's Work, and Tenant will remove the trash containers prior to opening for business. The Landlord must first approve ,V the location of the trash containers. Tenant and its contractor, if any,will keep adjoining Complex areas free of all construction 0 and related debris. Prior to opening for business, Tenant will remove all construction and related debris from the Premises and adjacent areas, and all those areas will be clean and the adjacent areas will be returned to the condition they were in prior as to commencement of Tenant's Work. Construction and related debris will be managed similarly throughout the term of this M Lease. m 3.3 Statement as to Lease Term. L 0 When the Commencement Date and Termination Date of the Lease Term have been determined as provided in Section 3.1, at Landlord's request, the Tenant will execute, acknowledge and deliver to the Landlord, a written statement in J recordable form specifying the Commencement Date and Termination Date of the Lease Term, and those dates will be deemed inserted in Section 1.1 and 3.1 above. a U c 0 SECTION 4 - RENT 4.1 Monthly Rent. (a) Tenant will pay to Landlord,without notice or demand and without any set-off deduction not denoted 2) in this lease, the initial base monthly sum of$7,800, as Monthly Rent. Tenant will pay these sums in advance on or before aEi the first day of each calendar month of the Lease Term with rental charges starting on the Commencement Date of this Lease. These sums will be delinquent if not paid on or before the first day of each month. If the Lease Term commences Q or expires on a day other than the last day of a calendar month, the Rent for that month will be a prorated portion of the N Monthly Rent, based upon a 30 day month. J (b) On each July V, the Monthly Rent shall be increased from the preceding month by an amount equal to the percent change in the Consumer Price Index for All Urban Consumers(CPI-U)for the Seattle-Tacoma-Bellevue, r�i WA area (https://data.bls.gov), as published in April of that year for the preceding 12-month period. The annual adjustment from the Monthly Rent shall be based on the undiscounted Monthly Rent charged as of the month before such adjustment, N and shall not be less than 2% and shall be capped at a maximum increase of 4%. These CPI adjustments will begin in the year following the Commencement Date. J c (c) In the first three years following the Commencement Date, the monthly rent shall be temporarily reduced by the following percentages to account for decreases in seasonal business due to the nature of Tenant's relationship with golf course business cycle, provided, that no such reduction shall be applied to any other amount owed to Landlord, including leasehold tax or utilities owed. The first two reductions shall be applied in in the 60 day period following ; the Commencement Date: m E (1) Year of Commencement Date (Year 1) — 1-30 days following Commencement Date: One Hundred Percent(100%) reduction in rent. r a (2) Year of Commencement Date (Year 1)—31-60 days following Commencement Date: Fifty Percent(50%) reduction in rent. Packet Pg. 137 8.G.a (3) Year of Commencement Date (Year 1) — November-December: Forty Percent (40%) reduction in rent. (4) Year following Commencement Date (Year 2) — January-April: Forty Percent (40%) reduction in rent. N L 0 t (5) Year following Commencement Date(Year 2)—May: Fifty Percent(50%)reduction in rent. Q (6) Year following Commencement Date (Year 2) — November-December: Twenty-Five Percent(25%) reduction in rent. L 7 Year following Commencement Date Year 3 January-March:March: Twenty-Five Five Percent O g ( ) — Y- Y- v (25%) reduction in rent. x (d) An Annual Rent Increase Schedule, hereto attached as Exhibit D, is included for illustrative Q purposes only and does not currently include the exact increases contemplated by this section. This Exhibit contemplates E a Commencement Date of May 1st. An updated copy of this exhibit shall be shared between the parties following each CPI �j adjustment or renewal. In the event of a conflict between this section and Exhibit D, this section shall control. 0 0 c a� L 4.2 Security Deposit. Upon the execution of this Lease,Tenant must have deposited with Landlord as a"Security Deposit"the sum shown in Section 1.1 above. This obligation may be fulfilled by Tenant indicating that it would like to obligate the deposit previously L allocated as a deposit under the Early Access Agreement, provided that the entire amount of that deposit is still available. ° The Landlord will hold this sum as security for the faithful performance by Tenant of all the terms, covenants and conditions J of this Lease during the entire Term.Tenant is not entitled to interest on the Security Deposit. If Tenant defaults with respect J to any provision of this Lease, including, but not limited to, the provisions relating to the payment of Monthly Rent, v Adjustments or other charges or sums due under this Lease, Landlord may (but will not be required to) use, apply or retain all or any part of the Security Deposit, as directed by the City of Kent Parks and Recreation Department for(a)the payment w of any Monthly Rent, Adjustments or other charges or sums due to the City of Kent Parks and Recreation Department under this Lease or any sum in default payable to the City of Kent Parks and Recreation Department, (b)for the payment of any s amount that Landlord may spend or become obligated to spend by reason of Tenant's default,or(c)to compensate Landlord for any other loss, damage, cost or expense (including attorneys' fees) that Landlord may suffer or incur by reasons of Tenant's default. If any portion of the Security Deposit is so used or applied, Tenant will, within five days after receiving Landlord's written demand,deposit a certified or cashier's check with Landlord in an amount sufficient to restore the Security a) Deposit. If Tenant fails to restore the Security Deposit within this five day time period or if Tenant makes at least three a� consecutive late payments of any sum required under this Lease, Landlord will have the option to require Tenant to increase Q the amount of the Security Deposit by one hundred percent (100%) of the original deposit, which increased sum will be N retained by Landlord and may be applied by Landlord as provided in this section.Tenant shall provide the increased deposit within 10 business days after written notice has been provided by Landlord. If Tenant fully and faithfully performs every J provision of this Lease,the Security Deposit or any balance remaining after deduction by Landlord will be returned to Tenant (or, at Landlord's option to the last assignee of Tenant's interest) within 30 days following expiration of the Lease Term; provided, that in the event this Lease is terminated by or upon the default of the Tenant, the Landlord will retain the Security -- Deposit and all of Tenant's interest in the Security Deposit will terminate. In the event of termination of Landlord's interest N in this Lease, Landlord will transfer the Security Deposit to Landlord's successor in interest. J 4.3 Adiustments. a0i L (a) Taxes, Assessments, and Insurance. (1) In addition to the Monthly Rent provided in Section 4.1 above, and commencing on the c Possession Date, Tenant will pay to Landlord in monthly installments, the Tenant's pro rata share for all leasehold excise taxes, if required by law, at the rate established by the State of Washington. The current rate is 12.84% as established by Chapter 82.29A, Revised Code of Washington. Such tax shall be based off the base rent amount as adjusted by any periodic adjustment or CPI increase before the application of any discount or reduction, including those in Section 4.1(c). a Packet Pg. 138 8.G.a (2) The Tenant will obtain all types of insurance with limits as referenced in Section 1.1 and as more particularly described in Exhibit C. (b) Common Area Maintenance and Charges. a� (1) The terms "common areas" or "Common Areas" refer to all areas within the exterior L boundaries of the Riverbend Golf Complex and all internal areas within the Riverbend Golf Complex that are not included s as part of the Premises that are now or subsequently become available for general use,convenience and benefit of Landlord and other persons entitled to occupy space in the Riverbend Golf Complex, which areas will include but not be limited to, a parking areas, roofs (including roof structures and membranes), driveways, sidewalks, cart paths, landscaped and planted areas (including tees, fairways, greens, and other golf course amenities), streets or roadways, passageways, service L corridors, loading platforms, delivery areas, public bathrooms, directory and wayfinding signage, common lighting facilities, drainage areas, drinking fountains, public meeting rooms, and all furniture, decorations and fixtures. y m (2) In consideration of the Landlord not imposing a common area maintenance charge, axi Landlord reserves the right to: Q E (i) change the name of the Riverbend Golf Complex, and its subsidiary parts, �j (ii) install, maintain, alter and remove signs on, in or about the Riverbend Golf 0 Complex, except Tenant's signage, without Tenant's prior written consent, a� iii add land,easements or other interests to or eliminate the same from the Riverbend Golf Complex, and grant easements and other interests and rights in the Riverbend Golf Complex to other parties, >_ (iv) add, alter, expand, reduce, eliminate, relocate or change the shape, size, location, character, design, appearance, use, number or height of any permanent or temporary buildings, structures, improvements, c surface parking, kiosks, carts, planters, pools, waterfalls, parking areas, driveways, landscaped areas (including tees, fairways, greens, and other golf course amenities), and other Common Areas, change the striping of parking areas and J direction and flow of traffic, and convert Common Areas to leasable areas and leasable areas to Common Areas; provided, that Landlord will not change the size, layout or dimensions of the Premises, nor materially alter the existing access or v visibility of the Premises, to the general public, 0 ca (v) grant licenses for use of portions of the Common Areas, s r (vi) enclose any other area, or remove any enclosure, or add one or more additional 3: levels or stories to all or part of any building in the Riverbend Golf Complex, whether or not the Premises are part of the c affected structure, and add structural support columns that may be required, and m E a� a� (vii) in connection with the foregoing matters outlined in Subsections (i)—(vi)above, or with any other inspections, repairs, maintenance, improvements or alterations in or about the Riverbend Golf Complex, or Q as a result of any casualty, incident, strike, condemnation, act of God, law or governmental requirement or request, or any c0 other cause, erect scaffolding, barricades, and other structures reasonably required in, or otherwise close to, Common J Areas or portions thereof, including but not limited to public walkways and areas, restrooms, and stairways. 0 However, in connection with exercising these section 4.4(b) rights, Landlord will insure that: (A) reasonable steps are taken to minimize or avoid any denial of access to the Premises except when necessary on a temporary basis, (B) reasonable steps are taken to avoid materially changing the configuration or reducing the square footage of the Premises, v0i unless required by laws or other causes beyond Landlord's reasonable control (and in the event of any permanent material 0 reduction, the Rent, breakpoint, and taxes charge will be proportionately reduced), and (C) at Landlord's expense, move M Tenant's entrance doorway if access is materially impaired. (3) Landlord will keep the Common Areas in a neat, clean, and orderly condition, properly lighted and landscaped, and will repair any damage to the facilities not caused by Tenant. r c m 4.4 No Offsets or Deductions/Place of Payment. E s All Rent and other charges will be paid in lawful money of the United States of America and will be paid without offset or deduction, unless otherwise indicated in this Lease. Landlord will have the right to designate, from time to time, a the place or places at which Tenant will tender all Rent and other charge payments. Packet Pg. 139 8.G.a 4.5 Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord in rent or other sums due will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain.These costs include, but are not limited to, processing and accounting charges, and late charges that may be imposed upon Landlord by terms of any bond or loan covering the Premises or Riverbend Golf Complex. Accordingly, if the Landlord does not L receive from Tenant any installment of Monthly Rent or other charge that becomes due within five days of the due date (for s Monthly Rent,the 5th day of each month),then Tenant will pay to Landlord a late charge equal to the greater of three percent (3%) of the amount past due or One Hundred Fifty and No/100 Dollars ($150.00), plus any attorneys' fees that may be a incurred by Landlord. The parties have reviewed this amount and acknowledge that these late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of the late payment by Tenant. Landlord's acceptance of L this late charge will in no event constitute a waiver of Tenant's default with respect to the overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted in this Lease. This late charge will apply individually y to each payment past due without any daily pro rata adjustment to any charge. x _m 4.6 Interest; Insufficient Funds. Q. E 0 Whenever in this Lease any sum (except late charges imposed pursuant to Section 4.6) payable to Landlord is not ,V paid when due, the same will, at Landlord's option, bear interest from the date due until paid at the rate of eight percent o (8%) per annum. Any payment of any kind returned for insufficient funds will be subject to a handling fee of $50.00 in 0 addition to any late charge or interest. L SECTION 5 - USE a� 5.1 Permitted Uses. L (a) General Use. Tenant will not use, permit or suffer the use of the Premises for any business or v purpose other than those specifically set forth in Section 1.1 above and will not engage in any use that violates or interferes _J with Riverbend Golf Complex operations or any other exclusive use granted by Landlord to other tenants.All other activities, a including activities regulated by the Washington State Gambling Commission, shall be subject to approval by Landlord. v Landlord warrants that the use set forth in Section 1.1 does not violate any other exclusive use granted by Landlord within c the Riverbend Golf Complex. Further, Tenant will not conduct any business in the Premises under any trade name other than the Permitted Trade Name set forth in Section 1.1 above. Landlord makes no representation or warranty and has given no assurance, express or implied, as to the availability or continued availability of Tenant's Permitted Trade Name. Tenant r will indemnify,defend and hold Landlord harmless from any and all losses,claims,causes of action,judgments and liabilities 3 (including but not limited to attorneys'fees and costs)arising out of or relating to Tenant's use of its Permitted Trade Name, m including but not limited to trademark and service mark infringement and dilution claims. E a� a� (b) Exclusive Use. Notwithstanding anything to the contrary set forth herein and so long as Tenant is Q not in default under the Lease, Landlord agrees that from and after the date hereof Landlord will not enter into any future m lease within the Riverbend Golf Complex with a tenant whose primary use is as a full service sit down restaurant with on- site catering services. For purposes of this Section, "primary use" is defined as activities that generate at least 20%or more J of the tenant's gross sales. "Full service sit down" is defined as a sit down restaurant with table service and wait staff. "Catering services" is defined as "special private events that are not open to the general public, offering a variety of food c and beverage service options on a case-by-case basis as determined by management and the event organizers." Additionally, and so long as Tenant is not in default of this Lease, Landlord agrees that it shall not permit the locating of m food-trucks or similar food service operations at the Riverbend Golf Complex without Tenant's approval. Tenant acknowledges and agrees that this Exclusive Use will automatically terminate and be of no further force and effect without further notice from Landlord in the event that (i)Tenant remains in default of the Lease beyond any applicable cure period; -a or (ii) Tenant discontinues its operations in the Premises for more than 30 consecutive days (except in connection with casualty, condemnation, force majeure, permitted assignment or subletting, periodic remodeling, periodic taking of inventory, or national holidays; collectively, "permitted closures"); or (iii) Tenant does not operate the Premises for the use > specifically set forth in Section 1.1. This section shall not apply to any portion of the Riverbend Golf Complex that is sold or R leased for redevelopment after the execution of this Lease. m E 5.2 Uses Prohibited. r (a) Generally. Tenant will not do or permit anything to be done in or about the Premises nor bring or a keep anything there that will in any way increase the existing rate of,or affect any,fire or other insurance upon the Premises, the building (the "Building") of which the Premises is a part, or the Riverbend Golf Complex, nor will Tenant cause a Packet Pg. 140 8.G.a cancellation of any insurance policy covering all or any part of the Premises, Building, Riverbend Golf Complex, or any of its contents. Tenant will take all reasonably necessary action to prevent excessive odors, emissions, fumes, liquids or other substances or excessive noise from escaping or extending beyond the Premises, and Tenant will not use or allow the Premises to be used for any improper, immoral, unlawful or objectionable or offensive purpose, nor will Tenant cause, maintain, or suffer or permit any nuisance in, on or about the Premises. Tenant will not commit or allow to be committed any waste in or upon the Premises and will refrain from using or permitting the use of the Premises or any portion thereof L as living quarters, sleeping quarters or for lodging purposes. If the Landlord reasonably determines that the Tenant is 0 s creating or causing any of these prohibited uses, then Tenant will be responsible for installing, providing for and maintaining, at Tenant's sole cost and expense, measures to mitigate the nuisance or potential nuisance. The Landlord must first approve Q the Tenant's type and adequacy of mitigating measures as well as the time allowed to complete the measures. The construction, installation, maintenance and repair of the mitigating measures will be accomplished in accordance with the L requirements set forth in Sections 9 and 10 below. If Tenant fails to complete the mitigating measures as required by Landlord or if Tenant fails to complete the mitigating measures within the time allowed, Landlord may terminate the Lease upon giving y 30 days prior written notice. Notwithstanding anything to the contrary herein and in addition to all other remedies available to Landlord, Tenant will indemnify Landlord for all damages, costs and fees (including attorney's fees and costs) incurred by axi Landlord as a result of Tenant's breach of this Section 5.2. 0 E 0 5.3 Operation of Business. U 0 (a) General. 0 c (1) Conduct of Business. Tenant will conduct its business on the Premises during the entire M Lease Term with diligence and efficiency to ensure long-term financial viability of Tenant's operation, unless prevented from 0 doing so by causes beyond Tenant's control. Tenant will keep in stock on the Premises a full and ample line of cookware, serving ware, and food stuffs for the purpose of operating its business and will maintain staffing sufficient to maximize Tenant's operations. Subject to the provisions of this Lease, Tenant will continuously conduct and carry on Tenant's L business in the Premises without interruption and will keep the Premises open for business. ,o U Landlord and Tenant will determine from time to time, in writing, the schedule for Tenant's operating hours. If no —_JJ written schedule is in effect or if Landlord and Tenant cannot agree on an operating schedule, Monday through Sunday the c minimum hours of operation will be weekdays 11am-7pm and weekends 8am-7pm. At the time of lease execution, the c hours of operation of the restaurant space are defined as follows: 0 w ca April-September Peak Season r Breakfast is served between 6:30am-10:30am Lunch is served between 10:30am-4pm Dinner is served between 4pm-10pm E a) Cart Services operates between 11am-6pm or otherwise agreed upon L a� Q October-March m Breakfast is served between 7:30am-10:30pm Lunch is served between 10:30pm-4pm J Dinner is served between 4pm-9pm d Cart Services as needed or otherwise agreed upon and only on Friday, Saturday and Sunday M Modifications to the above schedule will be agreed upon by Landlord and Tenant. N �a W J This provision will not apply if the business of Tenant is temporarily discontinued on account of strikes, lockouts or similar causes beyond Tenant's reasonable control. a� (b) Failure to Operate. If Tenant should fail to be open to the public on a fully-operational basis during all hours required under this Lease, in addition to being n material breach of this Lease, Tenant will immediate) a to q 9 i YP Y }; Landlord, for each day or portion of any day that Tenant fails to open a "Failure to Open" charge of Two Hundred Dollars ($200.00). However, Tenant shall not be liable for such charges if Tenant's failure to open is due to the unavailability of E utilities, such as power outages. ca Q Packet Pg. 141 8.G.a 5.4 Compliance with Laws. Tenant will, at its sole cost and expense, promptly comply with all local, state or federal laws, statutes, ordinances and governmental rules, regulations or requirements now in force or that may subsequently be in force with respect to Tenant's use and occupancy of the Premises and Tenant's business. Tenant will also, at its sole cost and expense, comply with the requirements of any board of fire underwriters or other similar bodies now or hereafter constituted relating to or L affecting the condition, use or occupancy of the Premises(excluding structural changes not related to or affected by Tenant's s improvements or acts). Landlord represents that the Premises comply with all local, state or federal laws, statutes, ordinances and governmental rules, regulations or requirements now in force as of the Possession Date. The judgment of a any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether or not Landlord is a party,that Tenant has violated any law,statute,ordinance or governmental rule, regulation or requirement,will be conclusive L of that fact as between the Landlord and Tenant. The Tenant will be solely responsible for and pay, and will indemnify, defend, and hold Landlord harmless from and against all costs, expenses (including attorneys' fees), fines, damages, penalties, and surcharges incurred or arising by reason of Tenant's failure to promptly and completely perform the Tenant's obligations under this Section 5.4. X Q. E 5.5 Hazardous Material. ° U Tenant will not cause or permit any Hazardous Material, as defined below, to be brought upon, kept or used in or 0 about the Premises by Tenant, its agents, employees, contractors or invitees, except in accordance with all applicable laws, c rules and regulations. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any 4) Hazardous Material caused or permitted by Tenant results in contamination of the Premises or any part of the Riverbed Golf complex or any other property, or if contamination of the Premises or any part of the Riverbend Golf Complex or other >_ property by any Hazardous Material otherwise occurs for which Tenant may be legally liable to Landlord for the resulting damage, then Tenant will indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including without limitation, diminution in value of the property, damages for the c loss or restriction on use of rentable or usable space, damages arising from any adverse impact on marketing or use of the v Riverbend Golf Complex, damages to any other property, and amounts paid in settlement of claims, attorneys' fees, J consultant fees and expert fees)that arise during or after the Lease Term as a result of the contamination. Q U Without limiting the foregoing, this indemnification includes,without limitation, costs incurred in connection with any c investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under 2 the Premises or any part of the Riverbend Golf Complex or other property, if the presence of any Hazardous Material caused r or permitted by Tenant results in any contamination of the Premises or any part of the Riverbend Golf Complex or other 3: property. Tenant will promptly take all actions at its sole expense as are necessary to return the Premises or the Riverbend c Golf Complex or other property to the condition existing prior to the introduction of any Hazardous Material; provided that E Tenant will first obtain Landlord's approval of that action, which approval will not be unreasonably withheld so long as Tenant's actions would not potentially have any material adverse long-term or short-term effect on the Premises or the Riverbend Golf Complex or other property. Q m As used in this Section 5.5, the term "Hazardous Material" means any hazardous, dangerous, toxic or harmful J substance, material or waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Government, but will not mean minimal amounts of cleaning supplies customary for the restaurant c industry. To the best of Landlord's knowledge, Landlord has not used, generated, manufactured, produced, stored, released, discharged or disposed of on, under, or about the Premises (or off-site of the Premises that might affect the Premises) or transferred to or from the Premises, any Hazardous Material or allowed any other person or entity to do so. -a c d 5.6 Representation and Warranty of Tenant. a, Tenant (and, if Tenant is a corporation, partnership, limited liability company or other legal entity, that corporation, }; partnership, limited liability company or entity)makes the following representations and warranties, each of which is material and relied upon by Landlord, is true in all respects as of the date of this Lease, and will survive the expiration or termination E of the Lease. Tenant will re-certify these representations to Landlord periodically, upon Landlord's reasonable request: (a) to the best of its knowledge, Tenant is not in violation of any Anti-Terrorism Law; a (b) to the best of its knowledge, Tenant is not, as of the date hereof: Packet Pg. 142 8.G.a (1) conducting any business or engaging in any transaction or dealing with any Prohibited Person, including the making or receiving of any contribution of funds, goods or services to or for the benefit of any Prohibited Person; a� (2) dealing in, or otherwise engaging in any transaction relating to, any property or interests in L property blocked pursuant to Executive Order No. 13224; or 0 s r (3) engaging in or conspiring to engage in any transaction that evades or avoids, or has the Q purpose of evading or avoiding, or attempts to violate any of the prohibitions set forth in, any Anti-Terrorism Law; and c �a L (c) to the best of its knowledge, neither Tenant nor any of its affiliates, officers, directors, shareholders, members or lease guarantor, as applicable, is a Prohibited Person. y m If at any time any of these representations become false,then it will be considered a material default under this Lease. axi Q. As used herein, "Anti-Terrorism Law" is defined as any law relating to terrorism, anti-terrorism, money-laundering or E anti-money laundering activities, including without limitation the United States Bank Secrecy Act, the United States Money �j Laundering Control Act of 1986, Executive Order No. 13224, and Title 3 of the USA Patriot Act, and any regulations promulgated under any of them. As used herein "Executive Order No. 13224" is defined as Executive Order No. 13224 on 0 Terrorist Financing effective September 24,2001,and relating to"Blocking Property and Prohibiting Transactions With Persons 0 Who Commit, Threaten to Commit, or Support Terrorism", as may be amended from time to time. "Prohibited Person" is � defined as (i) a person or entity that is listed in the Annex to Executive Order No. 13224, or a person or entity owned or M controlled by an entity that is listed in the Annex to Executive Order No. 13224; (ii) a person or entity with whom Landlord is >_ prohibited from dealing or otherwise engaging in any transaction by any Anti-Terrorism Law; or (iii) a person or entity that is named as a "specially designated national and blocked person" on the most current list published by the U.S. Treasury Department Office of Foreign Assets Control at its official website, http://www.treas.gov/ofac/tl 1 sdn.pdf or at any replacement L 0 website or other official publication of this list. "USA Patriot Act" is defined as the "Uniting and Strengthening America by v Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001" (Public Law 107-56), as may be J amended from time to time. Q U c 0 N to t r c E a> a> L Q ..J ,d. O Cl) d' G1 N d J C d i r-� C d E t C� c� Q Packet Pg. 143 8.G.a SECTION 6— UTILITIES AND HVAC 6.1 Utilities. (a) City water, sewer, solid waste, and storm water drainage charges, electricity use charges, N and gas use charges are not included in Tenant's monthly rent. Tenant shall be responsible for 100% of all such utility o charges associated with tenant's operation of the premises beginning on the Possession Date,and shall reimburse Landlord monthly. Landlord shall provide a monthly invoice detailing all utility charges attributable to Tenant, ten (10) days prior to Q the 1st of each month. Tenant must provide payment within ten (10) days of receipt. Nonpayment shall constitute an event i of default. These charges may be temporarily adjusted pursuant to Section VI of the Early Access Agreement. To reflect 5 proportional estimates of Tenant's Use, the following calculations shall be used for each utility share upon the Possession Date of this Lease: r m (1) Electric. Tenant will be responsible for 40% of total electricity billed to the Riverbend Golf Complex, excluding the driving range. Riverbend Golf Complex is partially sub metered for electricity usage, but not to the 2 extent to allow for exact usage of the premises alone. Six months following the Possession Date, Landlord will conduct an a audit of the increased electricity use from Tenant's occupation of the premises. Landlord will then, in its sole discretion and 0 judgment, reconcile and notify Tenant of any new percentage allocation based on this audit and reconciliation of electricity responsibility. Tenant shall be either billed or reimbursed for the proportional increase or decrease in usage and shall pay 0 the new readjusted responsibility percentage each month as billed. Landlord reserves the right to perform subsequent audits every three years and following any renewal term. _ a� L (2) Gas. Gas is sub metered to the premises and Tenant will be responsible for its actual gas usage as billed. m t (3) Storm Drainage. The City of Kent assesses storm drainage based on total impervious L surface. Tenant shall be responsible for 35% of total storm drainage fees pursuant to approximate proportion of impervious ° surface on premises. v J J (4) Water. Water is sub metered to the premises and Tenant will be responsible for its actual a water usage as billed. 0 w ca (5) Sewer.Sewer is directly aligned with water consumption via a flat fee.This fee will be billed s to Tenant based on actual water usage as billed. (6) Garbage. Tenant will be responsible for 50% of all garbage fees associated with the large 4) disposal unit near the premises. Any additional disposal services attributable to Tenant shall be the sole responsibility of (D Tenant. P L Q (b) Tenant is responsible for all telephone, internet, and cable TV costs. J (c) Tenant is responsible to pay any change in size or location to meters, piping,or other utility facilities, Ict if caused or required by Tenant. M (d) Landlord will pay to operate and maintain the existing alarm system in the building, but Tenant will N be responsible for all costs incurred to modify that system to the extent caused or required by Tenant's operations or by M Tenant's alterations, additions, or improvements. Tenant shall also be responsible for all costs incurred as a result of false J alarms. M c d (e) Landlord will pay to operate and maintain the existing heating, ventilation, and air conditioning (HVAC) system in the building, but Tenant will be responsible for all costs incurred to modify that system to the extent caused or required by Tenant's alterations, additions, or improvements. Landlord will work in partnership with the Tenant in }; defining premises temperatures, through pre-identified heating and cooling zones. Landlord will program the system in its entirety prior to the restaurant opening. Any requests in changing heating and/or cooling temperatures will be provided in E writing to Landlord, with the modification occurring within 48 hours of the request by Tenant. Q Packet Pg. 144 8.G.a 6.2 Non-Liability of Landlord. Landlord will not be liable or deemed to be in default, nor will there be any abatement of Rent for any interruption, reduction or failure in the supply of any utilities (including telephone service)to the Premises or the Riverbend Golf Complex unless caused by the gross negligence or willful act of Landlord. No interruption or failure in the supply of any utilities or services will be deemed an eviction or disturbance of Tenant or relieve Tenant from the full and complete performance of all .L of Tenant's obligations under this Lease. C s r SECTION 7— LEASEHOLD AND PERSONAL PROPERTY TAXES a i r c 7.1 Tenant's Obligations. E co r Tenant will pay, or cause to be paid, effective as of the Possession Date, and before delinquency, all leasehold excise tax as provided for by Section 4.1 of the Lease as required by law, at a rate established by the State of Washington, currently x estimated at 12.84%. Tenant will also pay, or cause to be paid, effective as of the Possession Date, and before delinquency, m any and all taxes levied, assessed and/or that become payable during the Lease Term upon all or any part of Tenant's a leasehold improvements, equipment, furniture,fixtures, and any other personal property located in the Premises. In the event o any or all of the Tenant's leasehold improvements, equipment, furniture, fixtures and other personal property will be assessed ,V and taxed with the real property, Tenant will pay to Landlord its share of those taxes within ten days after delivery to Tenant 0 by Landlord of a statement in writing setting forth the amount of those taxes applicable to Tenant's property. 0 c a� SECTION 8 - LICENSE AND TAXES 8.1 Tenant's Obligations. m t Tenant will be liable for, effective as of the date of full execution of this Lease, and will pay throughout the Lease Term, ,o all license and excise fees and occupation, gambling, or other taxes covering the business conducted on the Premises. If any v governmental authority or unit under any present or future law effective at any time during the Lease Term will in any manner � levy a tax on Rents payable under Lease or rents accruing from use of the Premises or a tax in any form against Landlord a because of, or measured by, income derived from the leasing or rental of the Premises,Tenant will pay that tax, either directly U or through Landlord, and upon Tenant's default, Landlord will have the same remedies as upon failure to pay Monthly Rent. c ca Subject to all applicable federal, state, and local laws and regulations, Tenant is permitted to conduct gambling activities on the Premises upon written approval by Landlord. Tenant is responsible for obtaining any necessary permits and r approvals to conduct gambling activities, and Tenant will be liable for and shall pay all applicable gambling taxes when due 3 and payable, including those imposed by the City of Kent. Tenant's failure to comply with the terms and conditions of this provision or any applicable federal, state, or local law will be considered a material breach of this Lease. E a� a� L SECTION 9 -ALTERATIONS a a� �a a� 9.1 Acceptance of Premises. _J Upon delivery of the Premises to Tenant, Tenant will acknowledge to Landlord in writing within three days of the Possession Date that Tenant has inspected the Premises and accepts it in its then condition or else, within that three day period, will notify Landlord in writing of any patent deficiencies then apparent; provided, that a failure by Tenant to provide the N above written notices to Landlord within the three day period will be deemed acceptance of the Premises in their then condition, J except for latent defects. The Landlord's obligation and/or liability to Tenant for deficiencies will be strictly limited to the .a correction of the noted deficiencies. a� 9.2 Alterations by Tenant. > Tenant will not make any alterations, additions or improvements in or to the Premises, including without limitation any penetration to the roof, without the prior written consent of Landlord, which consent to nonstructural alterations will not E be unreasonably withheld, conditioned or delayed, and as to structural alterations may be conditioned by Landlord as 0 Landlord may deem appropriate; provided, that Tenant may make minor non-structural alterations, additions or improvements to the Premises that in the aggregate do not exceed a cost of$5,000 per calendar year without the Landlord's Q prior written consent. Any alterations, additions or improvements consented to by Landlord, including roof penetration, will be made at Tenant's sole cost and expense. Tenant will provide its own trash container and/or container for construction Packet Pg. 145 8.G.a debris; will provide its own portable toilets; will promptly remove all construction and related debris from all Common Areas; will return the Common Areas to the condition they were in immediately prior to construction immediately following completion of construction;will repair and restore any portions of the Common Areas harmed as result of the construction activities to the condition they were in immediately prior to construction;will use service entrances to the Premises, if any;will conduct no core drillings during business hours; and will disrupt Riverbend Golf Complex users as little as possible, and will pay to Landlord the amount of any and all damage to the roof caused by Tenant's penetration, and the amount of any and all damages to the L Riverbend Golf Complex as a result of roof leaks caused by the penetration. Tenant will secure any and all governmental 0 permits, approvals, or authorizations required in connection with this work, and will hold Landlord harmless from any and all liability, costs, damages, expenses (including attorneys' fees) and any and all liens resulting therefrom. Except trade a fixtures, appliances and equipment that do not become a part of the Premises, all alterations, additions and improvements (expressly including all light fixtures and floor covering), will immediately become the property of the Landlord without any L obligation to pay for them. Upon completion of Tenant's alterations,additions,or improvements,Tenant will provide Landlord a complete and accurate set of as-built drawings showing, in detail, the exact location and extent of each of Tenants y alterations, additions, and improvements. By way of explanation and without limitation, these drawings would include location of wiring, conduit, and other facilities installed within the roofs, walls, and floors. X 9.3 Disability Laws. Q. E 0 Notwithstanding anything in this Lease to the contrary, if Tenant constructs, makes or installs or causes to be ,V constructed, made or installed any alteration, addition, or improvement in or to the Premises or surrounding areas, Tenant Z will be solely responsible for ensuring that those alterations, additions, or improvements do not violate any provision in any 0 local, state or federal law or regulation relating to accessibility for handicapped persons or the removal of architectural or as communication barriers to accessibility ("Disability Law"), including but not limited to RCW Chapter 70.92 and The 2 Americans with Disabilities Act. Any approval by Landlord of Tenant's plans or specifications for any alterations, additions or improvements will not be a representation or warranty, express or implied, by Landlord that the plans will comply with any Disability Law. If any claim under any Disability Law relates directly or indirectly to any alterations, additions, or improvements installed, made, or constructed, directly or indirectly, by or for Tenant in or to the Premises or relates directly L or indirectly to any trade fixture or personal property item used by Tenant in the Premises, Tenant will defend, indemnify ,o and hold Landlord harmless from and against the claim and any and all charges, liabilities, obligations, penalties, damages, J judgments, costs and expenses (including attorneys' fees) arising or incurred against or suffered, directly or indirectly, by J Landlord relating to those claims. If it should be determined that any alterations, additions, or improvements constructed, c made or installed in or to the Premises, directly or indirectly, by or for Tenant or any trade fixture or personal property item c used by Tenant in the Premises is an illegal architectural or communication barrier under any Disability Law, Tenant will w immediately, at its sole cost and expense, remove the barrier or, to the extent allowed by the Disability Law, provide alternatives to the barrier to make the Premises accessible to disabled persons. No alteration or improvement in the s Premises will be approved by Landlord if it will require that barriers outside the Premises be removed under any Disability Law.Tenant will not have any basis for objecting to Landlord's judgment regarding the probable application of any Disability Law, provided Landlord does not act arbitrarily. E a� SECTION 10 - MAINTENANCE OF PREMISES L Q 10.1 Maintenance and Repair by Tenant. W J Tenant will at all times throughout the Lease Term at its sole cost and expense keep the Premises(including exterior doors and entrances, all windows, moldings and trim of all doors and windows, and the Patio Area and Tent/Banquet area, c if applicable)and all partitions,door surfaces,fixtures, grease receptacles,equipment and appurtenances(including lighting, heating and plumbing fixtures and any air conditioning system) in good order, condition and repair(including damage from m burglary or attempted burglary of the Premises). The costs of these repairs will be billed directly to, and paid by, Tenant. w �a Landlord will operate, maintain and pay for the system used for heating, ventilating and air conditioning ("HVAC") serving the Premises, but Tenant agrees to pay for any modifications to the system caused or required by Tenant's alterations, -a additions, or improvements to the Premises during the Lease term. Tenant will deep clean the grout in the kitchen area Z) every 2 years, at sole cost of the Tenant. Tenant will keep the glass of all windows, doors, and showcases clean and presentable; immediately replace all broken glass in the Premises; at reasonable intervals paint or refinish the interior of > the Premises, including entrances as determined by Landlord; make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; keep all plumbing clean and in good state of repair including pipes, drains, toilets, basins and those portions of the heating system within the walls of the Premises; keep sidewalks and service areas adjacent to the Premises clear of dirt, rubbish, snow, ice and excess moisture or water; store all trash, refuse and recyclable materials in appropriate containers within the Premises or the Riverbend Golf Complex, as applicable, and attend to the daily disposal in a manner approved by Landlord(and if Tenant fails to do so, Landlord may arrange for disposal, and Tenant will reimburse a the cost for that disposal upon demand, plus a handling charge of Fifty Dollars ($50.00) per invoice, all of which will be additional rent under this Lease); and keep all utilities within the Premises in a good state of repair. Packet Pg. 146 8.G.a 10.2 Failure to Maintain. If Tenant fails to keep and preserve the Premises as set forth in Section 10.1 above, Landlord may, at its option, upon reasonable notice to Tenant and opportunity to cure, put or cause the same to be put in the condition and state of repair agreed upon, and in that case, upon receipt of written statements from Landlord, Tenant will promptly pay the entire cost as additional rent. Landlord will have the right, without liability, to enter the Premises for the purpose of making those L repairs upon Tenant's failure to do so. o s r Q 10.3 Repairs by Landlord. i r c Landlord will keep the structure of the roof, exterior walls, foundations and building structure of the Premises in a good state of repair, and will accomplish those repairs as may be needed promptly after receipt of written notice from Tenant and said repairs will be at the sole cost of Landlord. Landlord will replace the roof when Landlord determines in its reasonable discretion that replacement is necessary. Landlord will also paint the exterior portion of the Premises as reasonably needed. Should any painting or repairs be required by reason of Tenant's negligent acts or failure to act, Tenant will promptly pay 4) Landlord for that cost as additional rent. Tenant will immediately inform Landlord of any necessary repairs and Tenant will E make none of those repairs without Landlord's prior written consent. Landlord will not be liable for any failure to make any o repairs or to perform any maintenance required of Landlord unless the failure persists for an unreasonable time after Tenant ,V has given written notice of the need for those repairs to Landlord. Except as otherwise specifically provided in this Lease, Z there will be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business 0 arising from the making of any repairs, alterations or improvements in or to any portion of the Premises or Premises building as or in or to their fixtures, appurtenances and equipment. M W 10.4 Surrender of Premises. m t At the expiration or sooner termination of this Lease, Tenant will return the Premises to Landlord in the same c condition in which received (or, if altered by Landlord or by Tenant with the Landlord's consent, then the Premises will be v returned in the altered condition), reasonable wear and tear and damage by casualty excepted. Tenant will remove all trade J fixtures,appliances and equipment(where removal will not require structural changes to the Premises)which do not become a part of the Premises and alterations which Landlord designates to be removed pursuant to Section 9.2 above, and will v restore the Premises to the condition they were in prior to the installation of said items. In addition, Tenant will be required, c at the end of the Lease Term, to leave any affixed FF&E in place (including, but not limited to, two walk-in coolers, one walk- in freezer system, and all hoods and venting within the Premises) in the Premises at no cost to Landlord and in the same 2 condition as originally delivered by Landlord, reasonable wear and tear excepted. Tenant's obligation to perform this covenant r will survive the expiration or termination of this Lease. c SECTION 11 - LIENS AND ENCUMBRANCES a� a� L 11.1 Liens. Q m Tenant will promptly file and/or record, as applicable, all notices of completion provided for by law, and will pay and discharge all claims for work or labor done,supplies furnished or services rendered at the request of Tenant or at the request J of Landlord on behalf of Tenant, and will keep the Premises and Riverbend Golf Complex free and clear of all mechanics' and materialmen's liens in connection with that work, labor, supplies, or services. In the event any material or labor lien is recorded, Tenant will cause the lien to be removed within ten days after receipt of written notice from Landlord, or will provide a bond or other security in the amount of 150% of the lien within that ten day period. N �a W J 11.2 Encumbrances. -a c d The Tenant will not cause or suffer to be placed, filed or recorded against the title to the Premises, the Premises building, the Riverbend Golf Complex, or any part thereof, any mortgage, deed of trust, security agreement, financing statement, or other encumbrance. The form of any mortgage, deed of trust or other security agreement or financing statement that includes a legal description of the Premises, or the Premises building, or the Riverbend Golf Complex or its address, or any part thereof, will be subject to Landlord's prior written approval, which approval may be conditioned as the Landlord deems appropriate. ca Q Packet Pg. 147 8.G.a SECTION 12 -ASSIGNMENT AND SUBLETTING 12.1 Assignment or Sublease. Tenant will not assign,transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest in this Lease, N nor sublet the whole or any part of the Premises, nor will this Lease or any interest in this Lease be assignable or transferable O by operation of law or by any process or proceeding of any court, or otherwise,without the prior written consent of Landlord, which consent will not be unreasonably withheld, conditioned or delayed. Any of these transactions undertaken without Q Landlord's prior written consent will be null and void. i c a Change in Ownership. No assignment, sublease or other transfer will relieve Tenant of an liability ( ) 9 Y � Y � under this Lease. The prohibition set forth in this Section 12 includes, without limitation (and the following will be deemed r to be "assignments"): (1) a consolidation or merger of Tenant; (2) a change in the ownership or voting rights of more than ayi fifty percent (50%) of the issued and outstanding stock, units or membership interest of any corporate or limited liability company tenant; (3) any sublease, assignment or transfer which would otherwise occur by operation of law, merger, m consolidation, reorganization, transfer or other significant change in corporate, proprietary or limited liability company E structure; (4) the sale, assignment or transfer of all or substantially all of the assets of Tenant, with or without the specific o assignment of this Lease; and (5) a change in control of any Tenant. 0 (b) No Waiver. The acceptance by Landlord of any amounts following any transaction prohibited in 0 this Section 12.1 will not be deemed to be consent by Landlord nor will it be deemed a waiver of any right or remedy by Landlord. Consent to any assignment, sublease or other transfer will not operate as a waiver of the necessity for consent to any subsequent assignment, sublease or transfer. (c) Documentation. In connection with any approved sublease, assignment or transfer, Tenant will promptly provide Landlord with fully executed copies of all assignment, sublease, transfer and assumption instruments. L 0 U 12.2 Assignee Obligations. J J As a condition to Landlord's consent, any potential assignee or transferee otherwise approved by Landlord will v expressly assume all existing and future obligations of Tenant under this Lease and will be jointly and severally liable with c Tenant for the payment of Rent, Adjustments, additional rent, or any other charges and the performance of all terms, covenants and conditions of this Lease. Tenant will not be relieved from any liability under the Lease. z r 12.3 Sublessee Obligations. m As a condition to Landlord's consent, any potential sublessee otherwise approved by Landlord will expressly assume all existing and future obligations of Tenant under the Lease during the term of the sublease and will be jointly and severally liable with Tenant for the payment of Rent, Adjustments, additional rent, or any other charges, and the Q performance of all terms, covenants, and conditions of this Lease. Tenant will not be relieved from any liability under the N Lease. a� J 12.4 Conditional Consents. o M d' Any consent by Landlord to any assignment, sublease or other transfer may be subject to any terms or conditions as Landlord will reasonably determine appropriate (including but not limited to requiring that any and all guarantors of the Lease agree to continue to guarantee the Lease obligations after the assignment) and those terms and conditions will be binding upon any person holding by, under or through Tenant. -a c d 12.5 Attorneys' Fees and Costs. R Tenant and any assignee,sublessee or transferee will reimburse Landlord for Landlord's reasonable attorneys'fees }; and costs incurred in conjunction with the processing and documentation of any requested transfer, assignment, sublease or similar encumbrance. Notwithstanding the foregoing,the maximum charge to Tenant in connection with that assignment, E sublease or transfer will be One Thousand Five Hundred Dollars ($1,500.00). 17 Packet Pg. 148 8.G.a 12.6 Transfer of Landlord's Interest. In the event of any transfers of Landlord's interest in the Premises or the Premises building, other than a transfer for security purposes only, the transferor will be automatically relieved of any and all obligations and liabilities on the part of Landlord accruing from and after the date of the transfer and Tenant agrees to attorn to the transferee. N L SECTION 13 - COMMON AREAS s r a 13.1 Control of Common Areas. i c The Landlord will manage the Common Areas of the Riverbend Golf Complex. The Common Areas will include but not be limited to all automobile parking areas, access roads, driveways, entrances, retaining walls and exits, truck ways, r loading docks or loading areas, package pick-up stations, washrooms, courts, sidewalks and ramps, landscaped areas, exterior stairways, and other areas, improvements, facilities and special services provided by Landlord for the general use x of all employees, invitees and customers of the Riverbend Golf Complex. With respect to the Common Areas, Landlord will m have the right to cause from time to time to establish, modify and enforce reasonable rules and regulations; construct, a maintain and operate lighting facilities; police the Common Areas and facilities; from time to time to change the area, level, o location and arrangement of parking areas and other facilities within the Common Areas; and to do, perform or cause to be ,V performed other acts in and to the Common Areas as, in the use of good business judgment, Landlord determines to be 0 advisable with a view to the improvement of the convenience and use of the Riverbend Golf Complex by its employees, invitees and customers. _ a� L SECTION 14 - INSURANCE AND INDEMNITY a� s 14.1 Indemnification. I- (a) Generally. Landlord will not be liable for the loss of or damage to any property (including property � of Tenant and others) occurring in or about the Premises or for injury to any person occurring in or about the Premises a except and to the extent the damage or injury is caused by Landlord's negligence. Except to the extent an injury to any U person is caused by Landlord's sole negligence,Tenant will defend, indemnify and hold Landlord harmless from and against o any and all claims, charges, liabilities, obligations, penalties, damages, costs and expenses (including attorneys' fees) arising, claimed, charged or incurred against or suffered, directly or indirectly, by Landlord from any matter or thing arising from Tenant's use of the Premises, the conduct of Tenant's business or from any activity, work, or other things done or r permitted by Tenant in or about the Premises, and Tenant will further defend, indemnify and hold Landlord harmless from 3 and against any and all claims arising, directly or indirectly, from any breach or default in the performance of any obligation of or to be performed by Tenant under the terms of this Lease, or arising from any act or omission of Tenant, or any officer, E agent, employee, guest, or invitee of Tenant, and from all costs, attorneys' fees, and liabilities incurred in or about the L defense of any claim or any action or proceeding brought on that basis. If any action or proceeding is brought against Q Landlord by reason of a claim, Tenant, upon notice from Landlord, will defend the same at Tenant's expense by legal counsel reasonably satisfactory to Landlord. a� J (b) Concurrent Negligence of Landlord and Tenant Relating to Construction, Repair and Maintenance Activities. Notwithstanding Section 14.1 (a) above, in the event of the concurrent negligence of Tenant, its agents, M employees, sublessees, invitees, licensees or contractors on the one hand, and that of Landlord, its agents, employees or 44 contractors on the other hand, which concurrent negligence results in injury or damage to persons or property and relates to the construction, alteration, repair, addition to, subtraction from, improvement to or maintenance of the Premises or the Riverbend Golf Complex, Tenant's obligation to indemnify Landlord as set forth in this Section 14.1 will be limited to the extent of Tenant's negligence, and that of its agents, employees, sublessees, invitees, licensees or contractors, including c Tenant's proportional share of costs, and attorneys' fees and expenses incurred in connection with any claim, action or proceeding brought with respect to that injury or damage. This section shall be strictly applied only to claims or losses related directly to construction, alteration, or repair activities in which Landlord is directly responsible for the construction, >_ alteration, or repair work. c (c) Waiver of Workers' Compensation Immunity. THE LANDLORD AND TENANT SPECIFICALLY E E AGREE THAT THE PROVISIONS OF THIS SECTION 14 ALSO APPLY TO ANY CLAIM OF INJURY OR DAMAGE TO THE PERSONS OR PROPERTY OF THE TENANT'S EMPLOYEES,AND TENANT ACKNOWLEDGES AND AGREES THAT AS TO THOSE CLAIMS, TENANT, WITH RESPECT TO LANDLORD, DOES HEREBY WAIVE ANY RIGHT OF IMMUNITY Q WHICH TENANT MAY HAVE UNDER INDUSTRIAL INSURANCE (TITLE 51 RCW AS AMENDED AND UNDER ANY SUBSTITUTE OR REPLACEMENT STATUTE). THIS WAIVER AND AGREEMENT WAS SPECIFICALLY NEGOTIATED Packet Pg. 149 8.G.a BY LANDLORD AND TENANT AND IS SOLELY FOR THE BENEFIT OF LANDLORD AND TENANT AND THEIR SUCCESSORS AND ASSIGNS AND IS NOT INTENDED AS A WAIVER OF TENANT'S RIGHTS OF IMMUNITY UNDER SAID INDUSTRIAL INSURANCE FOR ANY OTHER PURPOSE. Date: 2025 Date: 2025 N L O t Landlord Tenant Q Date: 2025 r c �a L Tenant m 14.2 Insurance. 0 Q. (a) Tenant will, as of the date of full execution of this Lease and at its own cost and expense, keep and o maintain in full force and effect during the Lease Term, insurance policies of the types and in the amounts required as described ,V in Exhibit C. o C9 (b) Tenant will immediately notify Landlord if claims made against Tenant and covered by any single MG) policy exceed fifty percent (50%) or more of the aggregate limit. Notwithstanding the foregoing, if during the Lease Term, in M Landlord's reasonable judgment, the Exhibit C policy limits are no longer adequate to provide reasonable protection to Landlord, Landlord may notify Tenant of the inadequacy and Tenant, within 30 days of receiving the notice, will obtain and R provide Landlord with evidence of additional amounts of insurance. L (c) Tenant will deliver to Landlord upon the Commencement Date and from time to time thereafter as ,o requested by Landlord copies of all policies of these insurance or certificates thereof showing the parties named above as J a primary additional insureds and the applicable policy limits thereof. In no event will the limits of these policies be considered _J as limiting the liability of Tenant under this Lease. a U c (d) Service of Alcoholic Beverages. The insurance to be carried by Tenant pursuant to Section 14.2(a) C above will not exclude liability for violation of any governmental statute, ordinance, regulation or rule pertaining to the sale, gift, distribution or use of any alcoholic beverages, or liability by reason of the selling, serving, or giving of any alcoholic s beverage to a minor or to a person under the influence of alcohol or any other person, or which causes or contributes to the intoxication of any persons. Accordingly, the indemnification obligations in Section 14.1 of this Lease will extend, as well, +, to damages occurring at locations other than the Premises and resulting from risks insurable by any of the following (1) so- called dram shop liability insurance; (2) host liquor liability insurance; (3) liquor legal liability insurance; or (4) insurance E a� otherwise related to the sale, gift, distribution or use of alcoholic beverages. L a� Q (e) Failure to Maintain. If Tenant fails or refuses to maintain any insurance required by this Section 14, m Landlord, at its discretion, may obtain and maintain insurance for those items and interests to protect Landlord in amounts as Landlord may determine to be appropriate, and any and all premiums paid or payable by Landlord will be deemed to be _J additional rent and will be due on the payment date of the next installment of Rent. The failure to obtain or maintain any insurance required by this Section 14 will constitute a material breach of this Lease. M (f) Increase in Insurance Premium. Notwithstanding anything in this Lease to the contrary, Tenant will m not keep, use, sell or offer for sale in or upon the Premises any article, nor conduct any activities or operations, which are or may be prohibited by Landlord's insurance carriers. Tenant will pay any increase in premiums for property or liability insurance _J maintained by Landlord resulting from Tenant's use or occupancy of the Premises, whether or not Landlord has consented to c the increase. In the event of Landlord's increased insurance premiums,Tenant also will pay immediately to Landlord an amount equal to any additional premium on the insurance policy or policies that Landlord may carry for its protection against loss resulting from any insured event. In determining whether increased premiums are the result of Tenant's use or occupancy of 2 the Premises, the rates and premiums determined by the organization setting the insurance premiums will be conclusive }; evidence of the several items and charges which make up the insurance premiums. Landlord will deliver bills for these additional amounts to Tenant, and Tenant will immediately pay Landlord. E s ca 14.3 Mutual Release and Waiver of Subrogation. a Landlord and Tenant hereby mutually release each other from liability, and waive all right of recovery against each other, for any injury, loss or damage to any building, structure, inventory or other tangible property and any revenues, profit Packet Pg. 150 8.G.a and rents to be generated therefrom, whether due to negligence or any other insured cause, if the injury, loss or damage is caused by any of the perils that are covered by a first-party insurance policy benefiting the party suffering the injury, loss or damage or if the injury, loss or damage was required to be covered by insurance pursuant to this Lease; provided that this Section 14.3 will be inapplicable if it would have the effect, but only to the extent it would have the effect, of invalidating any insurance coverage of Landlord or Tenant. Landlord and Tenant acknowledge that their current insurance policies, as of the date of this Lease, will not be invalidated. In the future, if avoiding any invalidation can be effected by the payment of money L to an insurer,the other party may elect to pay that amount to obtain a waiver of subrogation for its benefit. Landlord and Tenant, s respectively, will promptly notify the other if its insurance will be invalidated by the foregoing release and waiver or if any payment is required to avoid invalidation. Notwithstanding anything to the contrary, this Section will not apply to any claim by a Landlord for any Monthly Rent, Adjustments and additional rent payable under this Lease. Landlord and Tenant specifically intend, however, that this Section will apply to any potential claim that could otherwise be made by Landlord for any rents to L be paid by other occupants of the Premises or any claim that could potentially be made by Tenant for any lost sales, profits or revenues that could have been generated from or operating expenses related to the Premises or elsewhere. y m 14.4 Acts of Others. m Q. Landlord will not be responsible or liable to Tenant, or to those claiming by, through or under Tenant, for any loss o or damage which may be occasioned by or through the acts or omissions of third parties or persons occupying space ,V adjoining the Premises, any part of the Premises, the Premises building, or any other part of the Riverbend Golf Complex. 5 In addition, Landlord will not be responsible or liable to Tenant for any loss or damage resulting to Tenant, or those claiming by, through or under Tenant, or any of its property, from fire; explosion; falling plaster; the breaking, bursting, stoppage or as leaking of water, gas, sewer, electrical cables, wires or steam pipes; or from water, rain or other substances leaking or M coming from the roof, street, subsurface or from any other place or from dampness or from any similar risks or causes. Landlord will not be liable for any loss or damage to any person or property sustained by Tenant or any other persons, which may be caused by theft, or by any act or neglect of any tenant or occupant of the Premises, or of any other third parties. L 14.5 Evidence of Coverage Prior to Entry. J Notwithstanding the foregoing, prior to entry upon the Premises, Tenant will provide Landlord with written evidence of v the required insurance coverage in the form of a certificate of insurance with the applicable endorsements attached or, at c Landlord's request, a copy of the policy. With respect to industrial labor and industry insurance, this requirement will be satisfied by a letter from the appropriate state agency confirming participation in accordance with statutory requirements. 2 Tenant will submit all accurate and complete certifications and endorsements required under this Section 14 no later than five r days prior to opening for business. All corrections and/or modifications to the certifications and endorsements requested by 3: Landlord must be completed to Landlord's satisfaction prior to Tenant's opening for business. c m E SECTION 15 - EMINENT DOMAIN a L If all or part of the Premises are taken by the power of eminent domain exercised by any governmental or quasi- governmental authority, this Lease will terminate as of the date Tenant is required to vacate the Premises and all Rent, Adjustments and other rentals and charges due hereunder will be paid to that date. The term "eminent domain" will include the taking or damaging of property by,through or under any governmental or quasi-governmental authority, and any purchase or acquisition in lieu thereof, whether or not the damaging or taking is by the government or any other person. Cl) m SECTION 16 -TENANT'S DEFAULT J 16.1 Default. L The occurrence of any one or more of the following events will constitute a default and material breach of this Lease > by Tenant: (a) Vacating the Premises. The vacating or abandonment of the Premises by Tenant or the violation 45 of the operating covenant in Section 5.3. Vacation or abandonment of the Premises will be deemed to exist if Tenant's E business in the Premises remains closed to the public for more than five consecutive days. r (b) Failure to Pay Rent/Taxes. The failure by Tenant to make any payment of Rent, Adjustments, a additional rent, taxes, or any other payment required to be made by Tenant, as and when due. Packet Pg. 151 8.G.a (c) Failure to Perform. The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease, other than described in Section 16.1 (b)above, where Tenant's failure continues for a period of at least 30 days after the Landlord provides written notice (unless a shorter period is specifically provided for in this Lease with respect to any covenant, condition or provision); provided, however, that if the nature of Tenant's default is such that more than 30 days are reasonably required for its cure,then Tenant will not be deemed to be in default if Tenant commences the cure within 30 days and diligently prosecutes the cure to completion. ^' L O t (d) Bankruptcy. The making by Tenant or Guarantor, if any, of any general assignment or general arrangement for the benefit of creditors, or by the filing by or against Tenant of a petition to have Tenant adjudged a Q bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within 60 days of filing); or the appointment of a trustee or a receiver to L take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where that seizure is not discharged within 30 days after appointment of a trustee or receiver, or the filing of a petition for the y appointment of a trustee or receiver, whichever occurs first. x (e) Repeated Defaults. Tenant's third failure to perform or observe any of Tenant's obligations under Q the Lease during any calendar year(despite the fact Tenant may have cured the previous failures after notice from Landlord E and within the notice period). �j 0 0 (f) Default by Guarantor. A default by Guarantor, if any, in its obligations under its guaranty in favor c of Landlord. L 16.2 Remedies in Default. m t In the event of any of these defaults or breaches by Tenant, Landlord may at any time with or without notice of L demand and without limiting Landlord in the exercise of a right or remedy which Landlord may have by reason of the default 0 or breach: 0 J J (a) Terminate Lease. Terminate Tenant's right to possession of the Premises by any lawful means, in c which case this Lease will terminate and Tenant will immediately surrender possession of the Premises to Landlord. In this c event Landlord will be entitled to recover from Tenant(1)any unpaid rent which has been earned at the time of termination w plus interest at the rates contemplated by this Lease; plus (2)the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of that rental loss that Tenant proves could have been s reasonably avoided plus interest at the rates contemplated by this Lease; plus (3) any other amount necessary to compensate Landlord for all the damage proximately caused by Tenant's failure to perform under this Lease; c m (b) Continue the Lease. Maintain Tenant's right to possession, in which case this Lease will continue E a� in effect whether or not Tenant has abandoned the Premises. In this event Landlord will be entitled to enforce all Landlord's L rights and remedies under this Lease, including the right to recover the Rent, damages from Tenant's breach or default and Q any other charges and Adjustments as may become due, and to specifically enforce Tenant's obligations and obtain N injunctive relief from further defaults or breaches; J (c) Remove Persons and Property. Landlord will also have the right with or without terminating this Lease, to re-enter the Premises and remove all persons and property from the Premises; property may be removed and c�, stored in a public warehouse or elsewhere at the cost of and for the account of the Tenant. Landlord may require that Tenant 7 take possession of any removed or abandoned property within 30 days of its removal or abandonment. If Tenant fails to N take possession within this timeframe, Landlord may take ownership of or dispose of property at its sole discretion with no M liability to Tenant. No re-entry or taking possession of the Premises by Landlord pursuant to this subsection (c) will be J construed as an acceptance of a surrender of the Premises or an election to terminate this Lease unless Landlord gives a written notice of that intention or unless a court decrees termination; and a� (d) Other Remedies. Landlord may also pursue any other remedy available to Landlord under the laws > or judicial decisions of the State of Washington, including but not limited to specific performance, injunctive relief or any other equitable remedy, and/or the right to assess against Tenant an amount equal to the attorneys'fees incurred by Landlord in collecting any rent or other payment due, which amount will be due in full within ten days of Tenant's receipt of the E assessment by Landlord. ca 91 Q Packet Pg. 152 8.G.a 16.3 Remedies Cumulative-Waiver. It is understood and agreed that the Landlord's exercise of any right or remedy due to a default or breach by Tenant will not be deemed a waiver and will not alter, affect or prejudice any right or remedy that Landlord may have under this Lease or by law or in equity. Neither the acceptance of Rent nor any other acts or omission of Landlord at any time or times after the happening of any event authorizing the cancellation or forfeiture of this Lease, will operate as a waiver of .L any past or future violation, breach or failure to keep or perform any covenant, agreement, term, or condition or to deprive s Landlord of its right to cancel or to forfeit this Lease. Q i 16.4 Acceptance of Payment. c �a L It is specifically understood and agreed that Landlord's acceptance of any sum, whether as Rent, Adjustments or otherwise, which is less than the amount claimed as due by the Landlord, will not act as, or be deemed to be, a waiver of the claimed amount or a compromise or accord and satisfaction of the amount due Landlord. x m Q. 16.5 Waiver of Rights of Redemption. E 0 U Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in "= the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of the CD Premises, by reason of the violation by Tenant of any of the covenants or conditions of this Lease, or otherwise. a� E L 16.6 Application of Rents. In the event that Landlord elects to re-let, the rents received by Landlord from that re-letting may, in Landlord's sole subjective discretion, be applied as follows: first to the payment of any indebtedness other than rent due from Tenant; L second to the payment of any costs of re-letting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of rent due and unpaid; and the residual, if any, held by Landlord and applied to payment J of future rent as it will become due. Should that portion of rents received from re-letting during the month which is applied J to the payment of rent be less than the rent payable during that month, then Tenant will pay any deficiency immediately c upon Landlord's demand. The deficiency will be calculated and paid monthly. Tenant will also pay Landlord, as soon as is certain, any of the costs and expenses incurred by Landlord in re-letting or in making any alterations and repairs not covered 0 by the rents received from re-letting. s r 16.7 Bankruptcy. 3 c Landlord and Tenant (as either debtor or debtor-in-possession) agree that if a petition ("Petition") is filed by or E against tenant under any chapter of Title 11 of the United States Code (the"Bankruptcy Code"),the following provisions will apply: Q (a) Adequate Protection. Adequate protection for Tenant's obligations accruing after filing of the v0i Petition and before this Lease is rejected or assumed will be provided within 15 days after filing in the form of a security J deposit equal to three months' Rent and Adjustments and other Lease charges, to be held by the court or an escrow agent approved by Landlord and the court. c M d' (b) Reasonable Compensation. The sum of all amounts payable by Tenant to Landlord under this Lease constitutes reasonable compensation for the occupancy of the Premises by Tenant. a� J (c) Abandonment. Tenant or Trustee will give Landlord at least 30 days written notice of any -a abandonment of the Premises or any proceeding relating to administrative claims. If Tenant abandons without notice, Tenant or Trustee will stipulate to entry of an order for relief from stay to permit Landlord to re-enter and re-let the Premises. a� (d) Timely Performance. If Tenant failed to timely and fully perform any of its obligations under this Lease before the filing of the Petition, whether or not Landlord has given Tenant written notice of that failure and whether or not any time period for cure expired before the filing of the Petition, Tenant will be deemed to have been in default on the date the Petition was filed for all purposes under the Bankruptcy Code. ca (e) Prompt Cure. For the purposes of Section 365(b)(1) of the Bankruptcy Code, prompt cure of a defaults will mean cure within 30 days after assumption. 99 Packet Pg. 153 8.G.a (f) Adequate Assurance of Future Performance. For the purposes of Section 365(b)(1) and 365(f)(2) of the Bankruptcy Code, adequate assurance of future performance of this Lease by Tenant, Trustee or any proposed assignee will require that Tenant, Trustee or the proposed assignee deposit three months of Rent, Adjustments and other Lease charges into an escrow fund (to be held by the court or an escrow agent approved by Landlord and the court) as security for future performance. In addition, if this Lease is to be assigned, adequate assurance of future performance by the proposed assignee will require that: (1)the assignee have a tangible net worth not less than the net worth of Tenant as L of the Commencement Date or that the assignee's performance be unconditionally guaranteed by a person or entity that s has a tangible net worth not less than the net worth of Tenant as of the Commencement Date; (2)the assignee demonstrate that it possesses a history of success in operating a business of similar size and complexity in a similar market as Tenant's a business; and (3)the assignee assumes in writing all of Tenant's obligations relating to the Premises or this Lease. c L (g) Assignment/Assumption. If Tenant or Trustee intends to assume and/or assign this Lease,Tenant or Trustee will provide Landlord with 30 days written notice of the proposed action, separate from and in addition to any y notice provided to all creditors. Notice of a proposed assumption will state the assurance of prompt cure, compensation for loss and assurance of future performance to be provided to Landlord. Notice of a proposed assignment will state: (1) the xi name, address, and federal tax identification and registration numbers of the proposed assignee; (2) all of the terms and Qa conditions of the proposed assignment, and (3) the assignee's proposed adequate assurance of future performance to be E provided to Landlord. �j (h) No Obligation. If Tenant is in default under this Lease when the Petition is filed, Landlord will not 0 be required to provide Tenant or Trustee with services or supplies under this Lease or otherwise before Tenant assumes c this Lease, unless Tenant compensates Landlord for those services and supplies in advance. L SECTION 17 - DEFAULT BY LANDLORD >_ a� s 17.1 Default by Landlord. E 0 Landlord will not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable J time, but in no event later than 30 days after written notice by Tenant to Landlord. The notice will specify how Landlord has J failed to perform its obligation; provided, however, that if the nature of Landlord's obligation requires more than 30 days for c performance, then Landlord will not be in default if Landlord commences performance within 30 days and diligently prosecutes remedying the default obligation to completion. Tenant further agrees not to invoke any of its remedies under w this Lease until 30 days (or longer as provided in this section) have elapsed. In no event will Tenant have the right to terminate this Lease as a result of Landlord's default, and Tenant's remedies will be limited to damages and/or an injunction. s r 17.2 Tenant's Right to Damages. E Tenant's right to seek damages from Landlord as a result of a default by Landlord under this Lease will be conditioned on Tenant taking all actions reasonably required, under the circumstances, to minimize any loss or damage to Q Tenant's property or business, or to any of Tenant's officers, employees, agents, invitees, or other third parties that may be caused by any Landlord default. a� J SECTION 18 - DESTRUCTION 0 M 18.1 Damage or Destruction. m If during the Term of this Lease, any portion of the Premises, access to the Premises or any part of the Riverbend Golf Complex that is economically and physically essential to the use of the Premises is damaged or destroyed and that J damage or destruction can, in Landlord's reasonable estimation, be repaired within 240 days following the damage or d destruction, this Lease will remain in full force and effect, and Landlord promptly will begin repairs and restore the damage Mo or destruction to substantially the same condition as existed prior to the damage event and then diligently complete the repair and restoration in compliance with all then existing laws. Landlord will give Tenant written notice of this determination within 60 days after the date of the damage event. If the damage or destruction cannot, in Landlord's reasonable estimation, be repaired within 240 days from the date the damage occurs, then either party may, in its sole discretion, terminate this m Lease by delivery of written notice to the other party at least 30 days prior to the termination date. In addition, if(i) more E than forty percent(40%)of the Riverbend Golf Complex is damaged or destroyed (regardless of its impact on the Premises); ca or(iii)the damage or destruction is not covered in full by Landlord's insurance required by this Lease, or Tenant's insurance a by this Lease (or combination of both policies), or (iv) the damage or destruction occurs within the last 12 months of the Term of this Lease or any extensions, then Landlord may, in its sole discretion, terminate this Lease by delivery of notice to Tenant within 60 days of the date Landlord learns of the damage. Packet Pg. 154 8.G.a (a) Rent Abatement. In the event of repair, reconstruction and restoration by Landlord as described in this Section 18.1, the Rent payable under this Lease will be abated proportionately with the degree to which Tenant's use of the Premises is economically or physically impaired during the repair, reconstruction, or restoration period. Tenant will not be entitled to any compensation or damages for loss of the use of the whole or any part of the Premises, damage to Tenant's personal property,and/or any inconvenience or annoyance occasioned by the repair, reconstruction,or restoration. L 0 s (b) Tenant's Obligation to Repair. If Landlord is obligated to or elects to repair or restore under this Section 18.1, Landlord will be obligated to make repair or restoration only to those portions of the Riverbend Golf Complex Q and the Premises that were originally provided at Landlord's expense, and the Tenant will be responsible for the repair and restoration of items not provided at Landlord's expense. Tenant agrees to coordinate the restoration and repair of those L items it is required to restore or repair with Landlord's repair and restoration work. Further, Tenant's work will be performed in accordance with the terms, standards and conditions contained in Section 10 above. m SECTION 19 -ACCESS BY LANDLORD m Q. 19.1 Right of Entry. 0 Landlord or Landlord's employees, agents and/or contractors will have the right to enter the Premises at any time 0 to examine the Premises, to show them to prospective purchasers or tenants, and, after giving 72 hours' notice (except in 0 emergencies) to make repairs, alterations, improvements or additions as Landlord may deem necessary or desirable. If Tenant is not personally present to permit entry and an entry is necessary, Landlord or its agents may forcibly enter,without rendering Landlord liable for that entry. m 19.2 Excavation. L 0 If an excavation is made upon property adjacent to the Premises, Tenant will afford to the person authorized to v cause the excavation, license to enter the Premises for the purpose of doing necessary work to preserve the wall of the —J Premises Building from injury or damage or to support the foundations, without any claim for damages or indemnification a against Landlord for diminution or abatement of Rent. v c 0 SECTION 20 -SURRENDER OR ABANDONMENT OF PREMISES 20.1 Surrender of Possession. c Tenant will promptly yield and deliver to Landlord possession of the Premises at the expiration or prior termination m of this Lease. Landlord may place and maintain a"For Lease"sign in conspicuous places on the Premises for 60 days prior to the expiration or prior termination of this Lease. Q m 20.2 Holding Over. N ca W J Any holding over by Tenant after the expiration or termination of the Lease Term,with or without Landlord's consent, will be construed to be a tenancy from month-to-month on all of the terms and conditions set forth in this Lease, to the extent It not inconsistent with a month-to-month tenancy; provided, that the Rent for this hold-over period will be an amount equal to q two hundred percent(200%) of the Rent due for the last month of the Lease Term. �a W 20.3 Voluntary Surrender. J c Tenant's voluntary or other surrender of this Lease will not work a merger, and Landlord's removal of Tenant's mo personal property will not be construed or deemed to be a termination of this Lease or an actual or constructive eviction of > Tenant, nor will it relieve Tenant of its obligations under this Lease. Landlord will have rights of entry and removal in order R to attempt to mitigate Landlord's damages in the event of Tenant's abandonment of the Premises. m E s ca Q Packet Pg. 155 8.G.a SECTION 21 -QUIET ENJOYMENT 21.1 Landlord Covenant. a� N Tenant, upon fully complying with and promptly performing all of the terms, covenants and conditions of this Lease, o and upon the prompt and timely payment of all sums due, will have and quietly enjoy the Premises for the Lease Term. Q SECTION 22 -AUTHORITY OF PARTIES r c �a L 22.1 Authority. c'o r m Each individual executing this Lease on behalf of Tenant personally represents and warrants that he or she is duly W authorized to execute and deliver this Lease on behalf of Tenant, and that this Lease is binding upon Tenant in accordance X with its terms. Tenant will, within 30 days after execution of this Lease, deliver to Landlord a certified copy of a resolution of the board of directors, members, or partners (as applicable)of Tenant authorizing or ratifying the execution of this Lease. E U SECTION 23 -SIGNS o C9 23.1 General. L Tenant will not place or suffer to be placed on the exterior walls of the Premises or upon the roof or any exterior door or wall or on the exterior or interior of any window any sign, awning, canopy, marquee, advertising matter, decoration, letter or other thing of any kind (exclusive of the signs, if any, which may be provided for in the original construction or improvement plans and specifications approved by the Landlord) without the prior written consent of Landlord, which c consent may be withheld in Landlord's sole subjective discretion. Landlord reserves the exclusive right to the use for any v purpose the roof and exterior of the walls of the Premises or the Premises building. In the event Tenant installs any sign J without the Landlord's prior written approval, Landlord will have the right and authority without liability to Tenant to enter upon the Premises, remove and store the sign and repair all damage caused by the removal of the sign. All costs and v expenses incurred by Landlord will be immediately paid by Tenant as additional rent. Tenant will be responsible for all c maintenance and repair costs for its signs and awnings (if any). The Landlord reserves the right to remove the Tenant's signs or awnings during any period that Landlord repairs, restores, constructs or renovates the Premises or the Premises building. r 23.2 Tenant's Interior Signs. 4) E a) Except as otherwise herein provided, Tenant will have the right, at its sole cost and expense, to erect and maintain L within the interior of the Premises all signs and advertising matter customary and appropriate in the conduct of Tenant's Q business; so long as the signage complies with the provisions set forth in Landlord's sign criteria; provided, however, that m Tenant will upon demand of the Landlord immediately remove any sign, advertisement, decoration, lettering or notice which Tenant has placed or permitted to be placed in, upon or about the Premises and which Landlord deems objectionable or —J offensive, and if Tenant fails or refuses so to do, the Landlord may enter upon the Premises and remove the same at Tenant's cost and expense. In this connection, Tenant acknowledges that the Premises are a part of an integrated Premises, and agrees that control of all signs by Landlord is essential to the maintenance of uniformity, propriety and the d aesthetic values in or pertaining to the Premises. N �a a� 23.3 Sign Requirements. J c d Notwithstanding anything to the contrary provided for in this Lease, Tenant will be obligated, at its sole cost and expense and on or before the date Tenant opens its doors for business, to design, fabricate and install a primary storefront sign on the Premises ("Storefront Sign"); provided further that the Storefront Sign will remain subject to Landlord's approval prior to installation with respect to and without limitation, design, method of attachment, location or other conditions. The Storefront Sign shall comply with the Kent City Code, and Tenant shall obtain any applicable permits or approvals. E s ca Q Packet Pg. 156 8.G.a SECTION 24— DISPLAYS, AUCTIONS AND SALES 24.1 General. Tenant agrees not to install any exterior lighting, amplifiers or similar devices or use in or about the Premises, such N as flashing lights, searchlights, loudspeakers (although Tenant may play music at a reasonable level in the outdoor seating o areas), phonographs or radio broadcasts, nor to make, or allow to be made, any excessive noise in or around the Premises. No advertisement or sound of advertising will be heard outside the Premises, unless Tenant first receives Landlord's prior a written approval. If music or any other audio transmission emanating from within the Premises is objectionable or offensive i (in the reasonable judgment of Landlord), Landlord may require Tenant to stop or decrease the volume of those sounds to 5 a reasonable level, as determined by Landlord, and Tenant will immediately comply. The Tenant may not display, sell or store merchandise outside the defined exterior walls and permanent doorways of the Premises. r m SECTION 25— Marketing and Community Engagement m 25.1 General Q' E 0 Landlord is committed to supporting the new restaurant at Riverbend Golf Complex by promoting its services, with a focus on its direct correlation to the golf course. Landlord's marketing efforts will aim to drive traffic to both the restaurant and the golf course, contributing to the overall economic vitality of the area. This collaboration supports both landlord's goals of community engagement and economic development, as well as the restaurant's growth and success within the local market. L In support of these goals, Landlord will make reasonable efforts to provide the following marketing and community > engagement services: m t (a) Provide ad space in parallel with Riverbend Golf Complex, at no cost to Tenant, in each of its three L (3) recreation guides that are mailed out to over 80,000 households three times per year, to correlate with the following ° schedule: v J J a. Spring/Summer(Apr, May, Jun, Jul, Aug)with January submission deadline. v b. Fall (Sept, Oct, Nov)with June submission deadline. c C. Winter(Dec, Jan, Feb, Mar)with September submission deadline. w ca (b) Provide reasonable information and data analytics, upon request, at no cost to Tenant, from s applicable software that tracks consumer attendance counts and demographics via anonymized cell phone data. Information/data requests need to be 30 days in advance to allow City staff to run information within existing workloads. m (c) Provide space in the Kent Parks e-newsletter on high profile public events, subject to deadlines. a� L (d) Highlight Tenant's events on the City of Kent's community event calendar, as long as they are open Q to all public and not a private event. m ca a� (e) Provide contract information and direct connection to Tenant's webpage, directly from the City of J Kent's and Riverbend web pages. 0 M Landlord reserves the right to unilaterally discontinue any support offered in this section. Landlord will communicate any discontinuance to Tenant. m �a a� SECTION 26 - MISCELLANEOUS J c d 26.1 Environmental Stewardship L Tenant shall, as much as reasonably possible, follow environmentally conscious business practices, such as separating and properly disposing of recyclable materials, reducing the use of plastics (e.g., straws, single use bags, etc.), using energy efficient appliances and lighting, and incorporating the use of "green" chemicals used for cleaning and E maintenance. ca 26.2 Successors or Assigns. a All the terms, conditions, covenants and agreements of this Lease will extend to and be binding upon Landlord, Tenant and their respective heirs, administrators, executors, successors, subtenants, subleases, concessionaires, assigns Packet Pg. 157 8.G.a and marital communities, if any, and upon any person or person coming into ownership or possession of any interest in the Premises by operation of law or otherwise. 26.3 Tenant Defined. N L The word "Tenant" will mean each and every person, partnership or corporation who is mentioned as a Tenant or s who executes this Lease as Tenant. Q i 26.4 Broker's Commission. c �a L Tenant represents and warrants that it has incurred no liabilities or claims for brokerage commissions or finder's fees r in connection with the execution of this Lease. x 26.5 Partial Invalidity. m Q. E If any term, covenant, or condition of this Lease or its application to any person or circumstance is, to any extent, 0 determined to be invalid or unenforceable, the remainder of this Lease, or the application of that term, covenant or condition o to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected and each 0 term, covenant or condition of this Lease will be valid and be enforced to the fullest extent permitted by law. a� E L 26.6 Recording. Tenant will not record or file this Lease, or any assignment or security document pertaining to this Lease or all or any part of Tenant's interest in this Lease without the prior written consent of Landlord, which consent may be withheld or L granted in Landlord's sole discretion. U J 26.7 Notices. J Q U Any notice, demand, request, consent, approval or communication that either party desires or is required to give to c the other party or any other person will be in writing and either served personally or sent by registered or certified United States mail, or by overnight courier (collectively, "Notice"). Any Notice will be addressed to the other party at the address appearing in Section 1.1. Notice will be deemed communicated within three business days from the time of deposit in the r United States mail if mailed as provided in this section, or upon delivery or refusal of delivery if delivered personally or by 3 overnight courier. Although either party will have the right to change its address for notice purposes from time to time, any m notice delivered pursuant to this Section to the address set forth in Section 1.1. of this Lease or to other addresses as may E be specified in writing in accordance with this Section will be effective even if actual delivery cannot be made as a result of a change in the address of the recipient if the party delivering the notice has not received actual written notice in accordance Q with the provisions of this Section of the current address to which notices are sent. ca a� 26.8 Plats and Riders; Marginal Headings; Captions. -J Clauses, plats, riders, exhibits and addendums, if any, affixed to this Lease are incorporated herein by reference. M To the extent any Exhibits conflict with the terms of this Lease, the terms of this Lease will control. Except to the extent any Addendum specifically modifies terms of this Lease,the terms of this Lease otherwise will control. Any section or paragraph N titles or captions are for convenience only and will not be deemed to define, limit or otherwise modify the scope and intent of this Lease or any provision thereof. J M c d 26.9 Waiver. a� The waiver by Landlord of any term, covenant or condition will not be deemed to be a waiver of that term, covenant or condition or any subsequent breach of that or any other term, covenant or condition. Landlord's subsequent acceptance of Rent or any other Adjustment or sum will not be deemed to be a waiver of any preceding default by Tenant, other than the failure of the Tenant to pay the particular sum so accepted, regardless of Landlord's knowledge of the preceding default at the time of the acceptance of that sum. ya Q 97 Packet Pg. 158 8.G.a 26.10 Joint Obligations. If there be more than one Tenant the obligations hereunder imposed will be joint and several. 26.11 Time. N L O Time is of the essence of this Lease. r Q 26.12 Inability to Perform. r c �a L In the event that either party will be delayed or hindered in or prevented from the performance of any covenant, agreement, work, service, or other act required under this Lease (other than monetary obligations), and that delay or y hindrance is due to causes entirely beyond its control, such as riots, insurrections, martial law, lawsuits, court orders or injunctions, civil commotion, war, fire, flood, earthquake, or other casualty or acts of God, the performance of the covenant, axi agreement, work, service, or other act will be excused for the period of delay and the time period for performance will be a extended by the same number of days in the period of delay. o U 26.13 Choice of Law; Venue. 0 This Lease will be governed by the laws of the State of Washington. The venue for any action to enforce the terms = of this Lease or collect any amounts owing by Tenant to Landlord will be in the Superior Court for King County,Washington. 26.14 Legal Expenses. m t If either party is required to bring or maintain any action (including assertion of any counterclaim or cross-claim, or c claim in a proceeding in bankruptcy, receivership or any other proceeding instituted by a party hereto or by others), or v otherwise refers this Lease to an attorney for the enforcement of any of the covenants, terms or conditions of this Lease, J each party will be responsible to pay all its costs and attorneys' fees incurred as a result. a U c 26.15 Competition. ca During the Lease Term, and any extensions, and for a period of one year from the date of Lease termination (as s may be shortened or extended),Tenant will not directly or indirectly engage in any similar or competing business within a radius of three miles from the property line of the Riverbend Golf Complex closest to the location of the proposed competing business location, unless the Landlord first provides its prior written approval. a� a� 26.16 Acceptance of Keys. Q The acceptance of keys to the Premises by the Landlord, its agents, employees, contractors or any other person on Landlord's behalf will not be deemed or constitute a termination of this Lease unless termination is evidenced in writing J signed by the Landlord. 0 M 26.17 Landlord's Consent. m Unless otherwise specifically stated, whenever Landlord's consent is required, Landlord's consent may be withheld in Landlord's sole subjective discretion. _J M c d 26.18 No Light, Air or View Easement. a� Any diminution or shutting off of light,air or view by any structure that may be erected on or adjacent to the Premises will not affect this Lease or Tenant's obligations under the Lease, and will not impose any liability on Landlord. m E 26.19 Name. r Tenant will not, without the prior written consent of Landlord, use the name of the building or Premises for any Q purpose other than as the address of the Premises,and in any event,Tenant will not acquire any rights in or to those names. Packet Pg. 159 8.G.a 26.20 Submission of Lease. This Lease will not bind Landlord in any way until (a)Tenant has executed and delivered at least one original copy of the Lease to Landlord, and (b) Landlord has executed and delivered at least one fully-signed copy to Tenant. a� N 26.21 Prior Agreements. o s r Except as otherwise indicated in Section 6.1(a) with regard to the Early Access Agreement, it is understood that a there are no oral or written agreements or representations between Landlord and Tenant affecting this Lease and that this i Lease supersedes and cancels any and all previous negotiations, arrangements, representations, brochures, displays, c projections, estimates, agreements and understandings, if any, made by or between Landlord and Tenant, nor will they be used to interpret, construe, supplement or contradict this Lease. This Lease, and all mutually-executed, written r amendments, is and will be considered to be the only agreement between Landlord and Tenant and their representatives and agents. All negotiations and oral agreements acceptable to Landlord and Tenant have been merged into and are included in this Lease. There are no other representations, covenants or warranties between Landlord and Tenant and all axi reliance with respect to representations is solely upon the express representations, covenants and warranties contained in this Lease. Landlord and Tenant agree that the interlineation, obliteration or deletion of language from this Lease prior to its o mutual execution by Landlord and Tenant will not be construed to have any particular meaning or to raise any presumption, ,V canon of construction, or implication, including, without limitation, any implication that Landlord or Tenant intended to state 0 the converse, obverse or opposite of the deleted language. This Lease will be read as if the obliterated or deleted language 0 had never existed and the interlineated language had always existed. M L W 26.22 Construction. >_ m Each party acknowledges and agrees that it has participated in the drafting and the negotiation of this Lease and has been afforded a full and fair opportunity to seek advice from legal counsel. Tenant acknowledges that Landlord's c attorney represents Landlord and not Tenant. Although the printed provisions of this Lease were drawn by Landlord, v Landlord and Tenant agree that this circumstance will not create any presumption, canon of construction, or implication J favoring the position of either Landlord or Tenant. Accordingly, in the event of a dispute with respect to the interpretation or enforcement of this Lease, no provision will be construed so as to favor or disfavor either party. v c 0 26.23 Financial Statements. ca s Tenant will, prior to Tenant's execution of this Lease and within 10 days after Landlord's request at any time of Tenant's default hereunder during the Term, deliver to Landlord complete, accurate and up-to-date financial statements with respect to Tenant and any Guarantor(s)or other parties obligated upon this Lease, which financial statements must be m (a) prepared according to generally accepted accounting principles consistently applied, and (b)certified by an independent aEi certified public accountant or by Tenant's (or Guarantor's, as the case may be) chief financial officer, or Guarantor if L Guarantor is an individual, that the same are a true, complete and correct statement of Tenant's (or Guarantor's)financial Q condition as of the date of those financial statements. m w ca 26.24 City Business License Required. � Prior to Commencement Date, Tenant agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. d m �a 0 J M C d i r-� C d E t C� c� Q Packet Pg. 160 8.G.a 26.25 Effective Date. This Lease will take effect on the last date provided below. LANDLORD: d N L THE CITY OF KENT, 0 s a Washington municipal corporation Q c� L By: Dana Ralph Its: Mayor Date: x TENANT: a E d/b/a Mason CA, LLC ° U a Washington Limited Liability Company = 0 0 _ d By: Its: >_ Date: m s r L ° STATE OF WASHINGTON ) '~ ss. COUNTY OF KING ) J Q U I certify that I know or have satisfactory evidence that Dana Ralph is the person who appeared before me, and said o person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and cc acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes 2 mentioned in the instrument. t r 3 -Notary Seal Must Appear Within This Box- E d IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first a, above written. Q m M d J O (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires J _ d L LL _ E gn Q Packet Pg. 161 8.G.a STATE OF WASHINGTON ) )ss. COUNTY OF KING ) d I certify that I know or have satisfactory evidence that , is the person who appeared before me, and said L person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and 0 acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Q i co L -Notary Seal Must Appear Within This BoxCU - CU IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. x a� a E O U O (Signature) 0 NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires m s r L O U J J Q U _ O N cc t r •3 as E d d L Q d M d J O M d N f4 d J _ d L LL _ E V Q Packet Pg. 162 8.G.a STATE OF WASHINGTON ) )ss. COUNTY OF KING ) d I certify that I know or have satisfactory evidence that is the person who appeared before me, and said L person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and s acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Q i co L -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. x a� a E O U O (Signature) 0 NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires m s r L O U J J Q U _ O N cc t r •3 as E d d L Q d d J O M d N f4 d J _ d L LL _ E V Q Packet Pg. 163 8.G.a EXHIBIT A PREMISES / DESCRIPTION OF PREMISES The restaurant area consists of 5,400 indoor square footage, which includes the main dining and bar area, kitchen, walk-in N coolers, two offices, two walk-in storerooms. Maximum indoor occupancy (restaurant and bar): 3,200 square feet, max 'o occupancy of 200. The remaining space is made up of the kitchen, bathrooms, walk-in coolers, storage areas, and the 0 office. This area is 2200 square feet and has an occupancy of around 15. Maximum outdoor occupancy(patio area): 1,600 Q square feet. Occupancy dependent upon setup. Maximum outdoor occupancy (tent): 2,400 square feet. Occupancy i dependent upon setup. _ c� L X Q U IF n m �Ea C7 c d r to L I L S r - —` p U J J U c Areas marked in red are not included in premises. O The following illustration is to show the licensed tent and patio premises only: t r 3 as E 9,400 6'r :y • al'. d TOTAL SQFT ,ti O 11 INDOORCU :� SQFT l 1 N 24( OUTDOOR , � TENT SQFT 600 OUTDOOR r PATIO SQFT Packet Pg. 164 8.G.a EXHIBIT B EARLY ACCESS AGREEMENT N �L O Q _ ca L m N 43) w x Q E O U O _ d L t L O U J J Q U _ O N cc t r �3 as E d d L Q d d J O M d N f4 d J _ d L LL _ C� C V Q Packet Pg. 165 8.G.a • KENT WAS H I N G T O h EARLY ACCESS AGREEMENT between the City of Kent and _ MASONCA, LLC a THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter CU the "City"), and MasonCA, LLC, a limited liability corporation organized under the laws of the State of Washington, doing business at 13914 SE 88th Place, Newcastle, WA 98059 (hereinafter the "Licensee"). x as I. RECITALS a E 0 The City is the owner of certain real property and improvements at the Riverbend Clubhouse, located U at 2019 W. Meeker St., Kent, Washington, 98032, and intends to lease a portion of that property, o including a restaurant dining area, banquet area, kitchen, walk-in coolers, back offices, patio and dry storage, to Licensee for the operation of a restaurant benefitting the City's golf course operations. L Licensee desires to access the property prior to the signing of a lease to be able to more quickly meet potential commencement dates. The City is willing to execute this Agreement with the intent s to enter into a lease at a later date. 0 U II. TEMPORARY REVOCABLE LICENSE TO ACCESS PREMESIS. The City hereby grants a -J temporary and revocable license to access the premises described in Exhibit A to allow Licensee to begin Q advance preparations for the anticipated opening of a restaurant. This License grants access to the premises, the right to place and store personal property on the premises in furtherance of the terms of this Agreement, cc and the right to make improvements to the premises subject to City approval pursuant to Section V. s r III. TERM AND TERMINATION. The term of this license shall run until May 111, 2025, or the 3 possession date of any lease for this premises, whichever is sooner. The City may revoke this license at any time by giving three days' notice of such revocation. Upon revocation, Licensee shall remove any non-affixed furniture, fixture, and equipment owned and brought onto the premises by Licensee during the term of this a Agreement. CU d IV. SECURITY DEPOSIT. Upon execution of the Agreement, Licensee shall deposit $10,000 with the City that the City shall retain to cover any damage to the premises, any unpaid utility fees, any c outstanding restoration obligations, or other unpaid sums under this Agreement, including restoration of the v premises in the event no lease is executed during the term of this Agreement. Upon execution of any lease m with Tenant, the City shall return this deposit at Tenant's request. However, Tenant may elect to allow the a City to convert this deposit into any"Security Deposit" or similar deposit required by such lease. Should this -J Agreement be terminated by either party, City shall return the remaining balance less any deduction authorized by this section within 30 days. d V. WORK TO BE APPROVED BY CITY; OWNERSHIP OF IMPROVEMENTS. Licensee will not : make any alterations, additions, or improvements in or to the Premises, including without limitation any penetration to the roof, without the prior written consent of City. Requests for alterations shall be submitted v in writing at least 48 hours prior to such work being initiated. All alterations, additions, or improvements are owned by the City, and no lien is to be created by any work done on the premises. a Packet Pg. 166 8.G.a VI. PAYMENT OF UTILITIES. Licensee shall pay a monthly flat fee of $3,000 for the duration of this Agreement as initial compensation for utility usage during the license period. Such payment shall be made within 30 business days of receipt of an invoice for payment. This amount may be prorated based on the effective date and termination dates of this Agreement. Failure to pay this fee shall constitute an event of default under this Agreement. 14 a4 L O t Within 90 days of the commencement date of any lease between the parties, the City shall calculate the a utilities usage and proportional charges attributable to Licensee during the term of this Agreement in i accordance with the proportions and shares of utilities agreed upon in such lease. For the purposes of this section, utilities shall include electric, gas, storm drainage, sewer, water, and garbage services. Any credits or additional charges shall be applied equally to the subsequent two months of utility payments following this calculation. x m VII. NO RIGHT TO LEASE; FORFEIT OF RIGHTS. Nothing herein shall be construed to create E any right to or reliance interest in the execution of a lease for these premises. While it is the intent of both v parties that a lease agreement be reached during the term of this Agreement, the Parties agree that neither o party shall be entitled to any damages for either parties failure to do so, except that the City shall be entitled to indemnification and recovery for damages and alterations to the premises occurring during the term of this Agreement. it VIII. INDEMNIFICATION. The Licensee shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or L suits, including all legal costs and attorney fees, arising out of or in connection with the Licensee's 40- performance of this Agreement, except for that portion of the injuries and damages caused by the City's J negligence. The City's inspection or acceptance of any of the Licensee's work when completed shall not be a grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. w ca In the event the Licensee refuses tender of defense in any suit or any claim, if that tender was made r pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Licensee's part, then the Licensee shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Licensee's part. Q m ca IX. INSURANCE. The Licensee shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this c reference. m X. LICENSEE'S WORK AND RISK. The Licensee agrees to comply with all federal, state, and M municipal laws, rules, and regulations that are now effective or in the future become applicable to the -J Licensee's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at the Licensee's own risk, and the Licensee shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in >_ connection with the work. r c m XI. MISCELLANEOUS PROVISIONS. s 0 ca A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its a Licensees and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. Packet Pg. 167 8.G.a B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those a� covenants, agreements or options, and the same shall be and remain in full force and effect. 14 L 0 t C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and a construed in accordance with the laws of the State of Washington. If the parties are unable to settle any i dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in m writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred x in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or E award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's 0 right to indemnification under Section VIII of this Agreement. o C9 D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, or receipt of email, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. L 0 E. Assignment. Any assignment of this Agreement by either party without the written consent J of the non-assigning party shall be void. a U c F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement 0 shall be binding unless in writing and signed by a duly authorized representative of the City and the Licensee. 20 z r G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of 44) a) or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement 0) conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. Q m ca H. Public Records Act. The Licensee acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, c emails, and other records prepared or gathered by the Licensee in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Licensee agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. _J c a� I. City Business License Required. Prior to commencing the tasks described in Section I, the Licensee agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the >_ Kent City Code. c m J. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any s number of counterparts, each of which shall constitute an original, and all of which will together constitute r this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page a Packet Pg. 168 8.G.a to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. d IN WITNESS, the parties below execute this Agreement, which shall become effective on the N L last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to Q have applied. i ca L LICENSEE: CITY OF KENT: N a� X By: Corey Mason(Mar2,202520:26 PST) By: ie I'arasmnc ola(Mar 3,202510:32 PST) Q E Print Name: Corey Mason Print Name: Julie Parascondola, CPRE t0 0 Its:Owner Its: Kent Parks Director DATE: 03/02/25 DATE: 03/03/25 L 2N NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: s r L LICENSEE: CITY OF KENT: ° U J Corey Mason Eric T. Hinrichs, PGA J MasonCA, LLC Golf Course Manager v corey@masonca.com ehinrichs@kentwa.gov o cc 206.930.5384 253.856.5191 t r ATTEST: 3 as Kent City Clerk Q m d J O M d N f4 d J _ d L LL _ C� E V Q Packet Pg. 169 8.G.a EXHIBIT A PREMISES / DESCRIPTION OF PREMISES The restaurant area consists of 5,400 indoor square footage, which includes the main dining and bar area, kitchen, walk-in N coolers, two offices, two walk-in storerooms. Maximum indoor occupancy (restaurant and bar): 3,200 square feet, max s occupancy of 200. The remaining space is made up of the kitchen, bathrooms, walk-in coolers, storage areas, mechanical rooms and the office. This area is 2200 square feet and has an occupancy of around 15. Maximum outdoor occupancy Q (patio area): 1,600 square feet. Occupancy dependent upon setup. Maximum outdoor occupancy (tent): 2,400 square feet. Occupancy dependent upon setup. L p TOTAL E • U 6�. tc A. U C _ 00 > INDOORA • � 3 L } Q V � � J U OUTDOOR SQFT cc i rr (0 3 _ OUTDOOR E PATIO SQFT m d J O M d N f4 d J _ d L LL _ C� C V Q Packet Pg. 170 8.G.a EXHIBIT B INSURANCE REQUIREMENTS Insurance a, N •L Tenant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or s damage to property which may arise from or in connection with the Tenant's operation and use of the leased Premises. Q The cost of such insurance shall be borne solely by the Tenant. i A. Minimum Scope of Insurance ca L Tenant shall obtain insurance of the types described below: o: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) form CG 00 01, x on an "occurrence" basis, including products and completed operations, property damage, bodily injury, a personal and advertising injury, and shall cover premises and contractual liability. The City shall be named o as a Primary, Non-Contributory Additional Insured on Tenant's Commercial General Liability insurance 0 policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11, or a substitute o endorsement providing equivalent coverage. If a general aggregate limit applies, either the general 0 aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. L 2. Liquor Liability insurance with the same limits as the Commercial General Liability coverage. > m 3. Property insurance shall be carried by the Tenant against all risks of loss to any tenant improvements or r betterments, at full replacement costs with no coinsurance penalty provision. The property insurance is to '0- be endorsed to include Legal Liability Coverage (ISO Form CP 00 40 04 02 or equivalent) with a limit equal to the replacement cost of the leased property. J J 4. Workers' Compensation coverage for the employees of Tenant, as required by the Industrial Insurance cap laws of the State of Washington. o cc Tenant may use Umbrella or Excess policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the primary and Umbrella or Excess policies shall provide all of the insurance coverages r herein required, including, but not limited to, primary and non-contributory, additional insured, indemnity, and defense 3 requirements. The Umbrella or Excess policies shall be provided on a true"following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies E maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall d be called upon to contribute to a loss until the Tenant's primary and excess liability policies are exhausted. a m B. Minimum Amounts of Insurance M d J Tenant shall maintain the following insurance limits: 0 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $3,000,000 general aggregate, and $2,000,000 products-completed operations aggregate limit. cU Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. � Waiver of Subrogation _ d If the Tenant maintains broader coverage and/or higher limits than the minimums shown above, the Landlord requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Tenant. Any available insurance >_ proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Landlord. C. Other Insurance Provisions E The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: a 1. Landlord, its officials, officers, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Packet Pg. 171 8.G.a the Tenant including materials, parts, or equipment furnished in connection with such work or operations. 2. For any claims related to this Agreement, the Tenant's insurance coverage shall be primary and non- contributory and at least as broad as ISO CG 20 01 04 13 as respects to the Landlord, its officials, officers, employees, and volunteers. Any insurance or self-insurance maintained by the Landlord, its .i officials, officers, employees, or volunteers shall be excess of the Lessee's insurance and shall not s contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. Q 3. Tenant's insurance policies shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30)days prior written notice by certified mail, return receipt requested, has been given L to the City of Kent. r D. Acceptability of Insurers x Insurance is to be placed with insurers authorized to conduct business in the State of Washington with a current A.M. Best Q rating of no less than A:VII. E 0 U E. Verification of Coverage '�- 0 C9 Tenant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy 0 language effecting coverage as required by this Agreement. All certificates and endorsements and copies of the 0 Declarations & Endorsements pages are to be received and approved by the Landlord before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Tenant's obligation to provide them. >_ Landlord reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Landlord reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. c F. Waiver of Subrogation J Tenant hereby grants to Landlord a waiver of any right to subrogation which any insurer of said Tenant may acquire against v the Landlord by virtue of the payment of any loss under such insurance. Tenant agrees to obtain any endorsement that c may be necessary to affect this Waiver of Subrogation, but this provision applies regardless of whether or not the Landlord has received a Waiver of Subrogation endorsement from Tenant's insurer. z r G. Landlord's Property Insurance c Landlord shall purchase and maintain during the term of the Lease all-risk property insurance covering the Building for its E full replacement value without any coinsurance provisions. 0 a� L Q ..J ,d. O M d' G1 N d J C d L r-� C d E t C� c� Q Packet Pg. 172 8.G.a EXHIBIT C INSURANCE REQUIREMENTS "L 0 t Insurance Q i Tenant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Tenant's operation and use of the leased Premises. The cost of such insurance shall be borne solely by the Tenant. r m H. Minimum Scope of Insurance x m Tenant shall obtain insurance of the types described below: E 0 5. Commercial General Liability insurance shall be written on Insurance Services Office v (ISO)form CG 00 01, on an "occurrence" basis, including products and completed o operations, property damage, bodily injury, personal and advertising injury, and shall cover premises and contractual liability. The City shall be named as a Primary, Non- Contributory Additional Insured on Tenant's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11, or a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location a, (ISO CG 25 03 or 25 04)or the general aggregate limit shall be twice the required occurrence limit. o U 6. Liquor Liability insurance with the same limits as the Commercial General Liability � coverage. a U 7. Property insurance shall be carried by the Tenant against all risks of loss to any tenant o improvements or betterments, at full replacement costs with no coinsurance penalty provision. The property insurance is to be endorsed to include Legal Liability Coverage (ISO Form CP 00 40 04 02 or equivalent)with a limit equal to the replacement cost of the leased property. c m 8. Workers' Compensation coverage for the employees of Tenant, as required by the aEi Industrial Insurance laws of the State of Washington. L a� Tenant may use Umbrella or Excess policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the primary and Umbrella or Excess policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided �o on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Tenant's primary and excess liability policies are exhausted. 0 J I. Minimum Amounts of Insurance 'a c d Tenant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $3,000,000 general aggregate, and $2,000,000 products- completed operations aggregate limit. E Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Waiver of Subrogation Q Packet Pg. 173 8.G.a If the Tenant maintains broader coverage and/or higher limits than the minimums shown above, the Landlord requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Tenant. Any available insurance proceeds in excess of the specified minimum limits of insurance and L coverage shall be available to the Landlord. s r J. Other Insurance Provisions Q i r The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial i General Liability insurance: r 4. Landlord, its officials, officers, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations X performed by or on behalf of the Tenant including materials, parts, or equipment Q, furnished in connection with such work or operations. o U 5. For any claims related to this Agreement, the Tenant's insurance coverage shall be o primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects to C9 the Landlord, its officials, officers, employees, and volunteers. Any insurance or self- insurance maintained by the Landlord, its officials, officers, employees, or volunteers shall be excess of the Lessee's insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. m 6. Tenant's insurance policies shall be endorsed to state that coverage shall not be cancelled s by either party, except after thirty(30)days prior written notice by certified mail, return c receipt requested, has been given to the City of Kent. v J K. Acceptability of Insurers J Q U Insurance is to be placed with insurers authorized to conduct business in the State of Washington with a c current A.M. Best rating of no less than A:VII. L. Verification of Coverage r Tenant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage as required by this Agreement. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the Landlord before work commences. However, failure to obtain the required documents prior to the work Q beginning shall not waive the Tenant's obligation to provide them. Landlord reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications,at any time. Landlord reserves the right to modify these requirements, including limits, based J on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 0 M. Waiver of Subrogation m Tenant hereby grants to Landlord a waiver of any right to subrogation which any insurer of said Tenant may w �a acquire against the Landlord by virtue of the payment of any loss under such insurance. Tenant agrees to J obtain any endorsement that may be necessary to affect this Waiver of Subrogation, but this provision -a applies regardless of whether or not the Landlord has received a Waiver of Subrogation endorsement from Tenant's insurer. E a� N. Landlord's Property Insurance r c Landlord shall purchase and maintain during the term of the Lease all-risk property insurance covering the Building for its full replacement value without any coinsurance provisions. ca Q Packet Pg. 174 8.G.a EXHIBIT D N ANNUAL RENT INCREASE SCHEDULE a INMAL TEN(10)YEAR TERM F=0 CPI adjustment could increase more than 2%,this rent schedule below only demonstrates the minimum of2%CPI. L 7 FC AN FEB MAR APR MAY AM CPIADU JUL AUG SEP OCT NOV DEC REV BASE INCPRYR Year 2025 $44,460 Jr-33'.--1 $7.800 S7,9DD $7.800 S7,9D0 .. E4.890 S4.89D $7.900 d Yew2 2026 $74.178 E4D80 " 5080 $4.880 .. S4,880 -' S3.900 $7,8D0 2D% E7.956 $7.958 $7.956 :. $7,958 $5.957 S5.967 $7.956 $154 Year3 2027 SN.460 $5.957 `^ 35,987 E5,967 $7,958 $7.956 $7.955 211% " $8.115 "' $8.115 S8.115 S8.115 $8.115 S8.115 S8.115 $159 Year 4 2028 $98.355 $8.115 "'^ 58,115 "" S8.115 $8.115 $8.115 S8.115 2D% $8.2T7 Sill $8.277 $8.2T7 "'' S8 K 43) .277 S8.277 S8.277 $162 Year 5 2029 $100,322 58277 ""` 58277 S82T7 'Oi' Slil '' S8,277 SB,2T7 2.0% '' S8.443 S8.443 $8.443 "' S8,443 E8,443 S8.443 S8,443 $166 Q Year 2030 $102.329 S8,443 '�'� $8.443 $8.443 "" S8,443 -"` $8.443 S8,443 2D% ` $8.612 SB,812 $8,612 S8,812 Sli S8,612 $8.612 $159 Year? 2031 $ 104.375 E8$12 S8D 12 $8.612 'LL' $8,612 $8.612 38,612 2.0% $8.794 $8.794 $8,784 58,784 $8,784 $8.794 E8.794 $172 Year 2032 S10603 $8,784 $8.784 'LL' $8794 $8.784 $8.784 SB.794 2.0% $8,950 S8,950 $8.900 $8,980 $8,980 - E8,960 S8.980 $176 0 Year9 2033 $108.592 E8,960 EB980 $890D "" $8.951) $8,980 S8,950 2.0% S9,139 $9.139 S9,139 $9,139 "" $9,139 $9,139 $9,139 $179 V Year 10 2034 $110.7W $9.139 S9,139 'LL' $9139 $9139 °" $9.139 $9.139 20% $9.322 $9.322 $9.322 $9.322 S9,322 - S9,322 $9,322 $183 4- 6 FIRST 5-YEAR OPTION TO EXTEND 0 CPI adjustment could increase more than 2%,this rent schedule belowony demonstrates the minimum of2%CPI. This schedule only demonstrates CPI minimum growth and not market inflationary grovAh as outlined in lease Section 3.1(c). At time ofexcerctsing an option to extend.t, - - -- _ d AN FEB MAR APR MAY AN CPIADU JUL AUG SEP OCT NOV DEC REV BASE REV BASE -Q Year 11 2035 $112979 $9.322 $9.322 "6' $9322 "^ $9.322 •"" $9.322 $9,322 2.0% ". $9,508 E9,5N S9,508 E9,508 E9,508 E9,508 $8,508 $186 0 Year 12 2038 $115239 E9,508 ""' $9.508 '°' $9.508 S9.U* S9,508 $9,508 2.0% S9,898 WON $9,898 WON WON WON WON $190 > Year 13 2037 $117,544 $9,098 "s'` S9D98 39D98 "" 59.898 ""' $9,098 S9,896 2.0% $9,892 $9.892 E9,892 '.. $9.892 $9,892 $9,892 S9.892 $194 Yea 14 2038 $119,895 $9.892 'Q^ $9392 59992 $9.892 "` S9,892 SD.892 2.0% E10.091) S10,090 $10,090 $10,090 $10,090 $10.090 $10,090 $198 Yew 15 2039 $122292 $10.090 - $10.090-""$10.090 $10090"'E10.090 $10.090 2.0% $10292 - $10292 $10292" $10292 $10292 $10.292 $10292 $202 d t rr SECOND 5-YEAR OPTION TO EXTEND >. CPI adjustment could increase more than 2%,this rent schedule belowony demonstrates the minimum 02%CPI. 0 This schedule only demonstrates CPI minimum grovAh and not market inflationary grovAh as outlined in lease Sect*n 3.1(c). At time ofexcercising an option to extend,the lease schedule rnil La j,7ete V J AN FEB MAR APR MAY AM CPIADJ JUL AUG SEP OCT NOV DEC REV BASE REVBASE J Yew 16 2040 $124.738 E10.292 "$10.292 $10.292 E10292 "$10292 $10292 20% "`S10.498 $10.498 $10.498 $10,498"'$10.498 $10.498 $10,498 SIM Year 17 2041 $127233 $10.498 "$10,49B S10,498 -$10,498 $10,498"'$10.498 20% $10,708 $10.709 "S10,708 "$10.708 •"'$10,708 S10,708 $10,708 $210 Q Year 18 2042 $129.778 " $10,708 E10,708 $10,708 ""-$10,708 ''$10,708 $10.708 2D% "`$10922 $10,922 $10,922 $10922 $f0922 S10,922 $10922 $214 V Year 19 2543 $132.373 $10,922 "$10,922 $10,922 ""$10922 $10,922 $10,922 2.0% ""$11,140 $11.140 S11,140 $11,140 "`$11.140 $11.140 $11.140 $218 = Year 20 2044 $135.021 "'$11,140 $11,140 $11,140 "`^$11,140 E11,140 $11.140 2D% "`$11,%3 $11,383 $11383 E11,363 $11.303 $11,363 $11383 $223 0 1n cc rr 3 a) E d d L Q d d J CD M d N CO 0 J _ d L LL _ C� C t„D Q Packet Pg. 175 MASOLLC-03 8.G.b ACORO CERTIFICATE OF LIABILITY INSURANCE FIATE(MM/DD/YYYY) 3/5/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE; BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZES I REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. +� C IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement of O this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). N PRODUCER License#OC36861 CONTACT Krys Morrison w NAME: Seattle-Alllant Insurance Services,Inc. PHONE FAX 401 Union Street,31st Floor (A/C,No,EXt): (A/c,No): d Seattle,WA 98101 E-MAIL krys.morrison@alliant.com a INSURERS AFFORDING COVERAGE NAIC# E INSURER A:CNA Insurance Companies 00000 0 INSURED INSURER B: 2 O Masonca, LLC INSURER C: 0 2019 W.Meeker St. INSURER D: Kent,WA 98032 y INSURER E: � L INSURER F: tv COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI d INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS i- EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 0 INSR ADDL SUBRI POLICY EFF POLICY EXP LTR I TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/ D/YYYY MM/DD/YYYY LIMITS V A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,00011 J CLAIMS-MADE F OCCUR 7039208708 3/3/2025 3/3/2026 'RA EM SESO(Ea olccur ence) $ 1,000,1 Q MED EXP(Any one person) $ 10'1 PERSONAL&ADV INJURY $ 2,000,1 N GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,1 X POLICY ] PRO LOC PRODUCTS-COMP/OP AGG $ 45000,1 OTHER: WA STOP GAP $ 1,000,1 3 A COMBINED SINGLE LIMIT 1,000,1 AUTOMOBILE LIABILITY Ea accident)_ $ _ ANY AUTO 7039208708 3/3/2025 3/3/2026 BODILY INJURY Perperson) $ OWNED SCHEDULED E AUTOS ONLY AUTOS BODILY INJURY Per accident $ d X HIRED X NON-OWNED PROPERTY DAMAGE i AUTOS ONLY AUTOS ONLY (Per accident) $ IS) $ Q d UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ J DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY STATUTE ERH M Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ V OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ ++ If yes,describe under = DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ d A Liquor Liability 7039208708 3/3/2025 3/3/2026 Aggregate 1,000,1 Y O U DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) O U c d L LL CERTIFICATE HOLDER CANCELLATION c O SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI The City of Kent Washington THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It V Y 9 ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Director of Parks,Recreation&Community Services 220 4th Ave.s. Q Kent,WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 176 10.A KENT DATE: March 18, 2025 TO: Kent City Council SUBJECT: 2025 Crack Sealing Project - Award MOTION: I move to award the 2025 Crack Sealing Project to Central Paving, LLC in the amount of $180,630 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The project includes approximately 26 tons of rubberized asphalt for crack sealing roadways throughout the City. Crack sealing is an effective tool in extending pavement life because it reduces water intrusion below the pavement. The bid opening for the 2025 Crack Sealing Project was held on March 11, 2025, with five bids received. The lowest responsible and responsive bid was submitted by Central Paving, LLC in the amount of $180,630. Bid Tab Summary O1. Central Paving, LLC $180,630.00 02. Huizenga Enterprises, LLC $196,738.50 03. BCV Incorporated $228,850.00 04. Puget Paving & Construction $251,300.00 05. CR Contracting $261,220.00 Engineer's Estimate $241,550.00 BUDGET IMPACT: Work is budgeted in the Street Fund. SUPPORTS STRATEGIC PLAN GOAL: Evolvinq Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. _2025 Crack Sealing-Bid Tab (PDF) Packet Pg. 177 10.A.a 2025 Crack Sealing 1 2 3 4 Bid Opening: March 11, 2025, 11:00 AM Central Paving Huizenga Enterprises, LLC BCV Incorporated Puget Paving &Construction 1410 West Dolarway Road PO Box 31944 PO Box 2898 10910 26th Avenue Disclaimer:These preliminary bid results are provided as a convenience to Ellensburg, WA 98926 Bellingham, WA 98225 Wenatchee, WA 98807 Lakewood, WA 98499 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $180,630.00 $196,738.50 $228,850.00 $251,300.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 3 Q SCHEDULE I: Residential ' 1000 Mobilization -Schedule I 1 LS 11,000.00 $11,000.00 1,000.00 $1,000.00 4,000.00 $4,000.00 24,000.00 $24,000.00 1005 * Crack Sealant for Crack Sealing 8 TON 7,000.00 $56,000.00 9,600.00 $76,800.00 7,450.00 $59,600.00 6,000.00 $48,000.00 0] 1010 *Traffic Control Labor 225 HR 1.00 $225.00 1.00 $225.00 80.00 $18,000.00 45.00 $10,125.00 C 1015 *Traffic Control Supervisor 90 HR 1.00 $90.00 1.00 $90.00 100.00 $9,000.00 85.00 $7,650.00 �p 1020 Temporary Traffic Control Devices-Schedule 1 1 LS 3,200.00 $3,200.00 6,516.00 $6,516.00 3,000.00 $3,000.00 7,500.00 $7,500.00 1025 * Portable Changeable Message Sign (PCMS) 18 DAY 300.00 $5,400.00 50.00 $900.00 150.00 $2,700.00 300.00 $5,400.00 Y 1030 * Sequential Arrow Sign (SAS) 9 DAY 80.00 $720.00 10.00 $90.00 100.00 $900.00 75.00 $675.00 1035 SPCC Plan 1 LS 500.00 $500.00 50.00 $50.00 500.00 $500.00 1,000.00 $1,000.00 U 1040 Minor Changes-Schedule 1 1 CALC 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 m N O SCHEDULE I TOTAL $78,635.00 $87,171.00 $99,200.00 $105,850.00 N M SCHEDULE II: WATER C 2000 Mobilization -Schedule II 1 LS 11,000.00 $11,000.00 282.50 $282.50 1,000.00 $1,000.00 33,500.00 $33,500.00 2005 * Crack Sealant for Crack Sealing 11 TON 71000.00 $77,000.00 9,600.00 $105,600.00 7,450.00 $81,950.00 6,000.00 $66,000.00 2010 *Traffic Control Labor 325 HR 1.00 $325.00 1.00 $325.00 80.00 $26,000.00 45.00 $14,625.00 2015 *Traffic Control Supervisor 130 HR 1.00 $130.00 1.00 $130.00 100.00 $13,000.00 85.00 $11,050.00 2020 Temporary Traffic Control Devices-Schedule II 1 LS 3,200.00 $3,200.00 300.00 $300.00 1,000.00 $1,000.00 10,000.00 $10,000.00 00 2025 * Portable Changeable Message Sign (PCMS) 26 DAY 300.00 $7,800.00 50.00 $1,300.00 150.00 $3,900.00 300.00 $7,800.00 2030 * Sequential Arrow Sign (SAS) 13 DAY 80.00 $1,040.00 10.00 $130.00 100.00 $1,300.00 75.00 $975.00 C 2035 Minor Changes-Schedule 11 1 CALC 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 c0 N N SCHEDULE II TOTAL $101,995.00 $109,567.50 $129,650.00 $145,450.00 Y v SUMMARY: L C) SCHEDULE I TOTAL $78,635.00 $87,171.00 $99,200.00 $105,850.00 u7 SCHEDULE II TOTAL $101,995.00 $109,567.50 $129,650.00 $145,450.00 N 0 N I CONSTRUCTION CONTRACT TOTALI $180,630.00 $196,738.50 $228,850.00 $251,300.00 C N E t t� to .r Q Packet Pg. 178 10.A.a 2025 Crack Sealing 5 Bid Opening: March 11, 2025, 11:00 AM CR Contracting Engineer's Estimate 64435 Strickler Avenue, Ste. 100 Joe Araucto Disclaimer:These preliminary bid results are provided as a convenience to Bend, OR 97703 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $261,220.00 $241,550.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT 3 Q SCHEDULE I: Residential ' 1000 Mobilization -Schedule I 1 LS 15,000.00 $15,000.00 10,000.00 $10,000.00 1005 * Crack Sealant for Crack Sealing 8 TON 6,500.00 $52,000.00 7,500.00 $60,000.00 m 1010 *Traffic Control Labor 225 HR 40.00 $9,000.00 75.00 $16,875.00 C 1015 *Traffic Control Supervisor 90 HR 90.00 $8,100.00 75.00 $6,750.00 �p 1020 Temporary Traffic Control Devices-Schedule I 1 LS 10,000.00 $10,000.00 5,000.00 $5,000.00 1025 * Portable Changeable Message Sign (PCMS) 18 DAY 1,000.00 $18,000.00 150.00 $2,700.00 Y 1030 * Sequential Arrow Sign (SAS) 9 DAY 360.00 $3,240.00 100.00 $900.00 1035 SPCC Plan 1 LS 1,000.00 $1,000.00 1,000.00 $1,000.00 U 1040 Minor Changes-Schedule I 1 CALC 1,500.00 $1,500.00 1,500.00 $1,500.00 to $0.00 N O SCHEDULE I TOTAL $117,840.00 $104,725.00 N M SCHEDULE II: WATER O 2000 Mobilization -Schedule II 1 LS 5,000.00 $5,000.00 10,000.00 $10,000.00 2005 * Crack Sealant for Crack Sealing 11 TON 6,500.00 $71,500.00 7,500.00 $82,500.00 2010 *Traffic Control Labor 325 HR 40.00 $13,000.00 75.00 $24,375.00 2015 *Traffic Control Supervisor 130 HR 90.00 $11,700.00 75.00 $9,750.00 2020 Temporary Traffic Control Devices-Schedule II 1 LS 10,000.00 $10,000.00 3,500.00 $3,500.00 00 2025 * Portable Changeable Message Sign (PCMS) 26 DAY 1,000.00 $26,000.00 150.00 $3,900.00 2030 * Sequential Arrow Sign (SAS) 13 DAY 360.00 $4,680.00 100.00 $1,300.00 C 2035 Minor Changes-Schedule II 1 CALC 1,500.00 $1,500.00 1,500.00 $1,500.00 c0 $0.00 N SCHEDULE II TOTAL $143,380.00 $136,825.00 Y v SUMMARY: L C) SCHEDULE I TOTAL $117,840.00 $104,725.00 u7 SCHEDULE II TOTAL $143,380.00 $136,825.00 C N I CONSTRUCTION CONTRACT TOTAL $261,220.00 $241,550.00 C N E t t� M .r Q Packet Pg. 179