HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 08/04/2008Public Works Committee Agenda
Councilmembers: Ron HarmonDebbie RapleeDeborah Ranniger, Chair
Unless otherwise noted, the Public Works Committee meets at 5:00 p.m. on the 1st & 3rd Mondays of each
month.
Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
(253) 856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
U:\PWCommittee\Agendas\2008\July 08 04. doc
August 04, 2008
5:00 p.m.
Item Description Action Speaker Time Page
01. Approval of Minutes Dated July 21, 2008 YES None 03 01
02. Authorization to Dispose of Surplus Vehicles
and Equipment YES Green, Ron 05 03
03. Consultant Contract with Jason Eng. & Consulting
/2008 Downtown Sidewalk Improvements YES Tenerelli, Peter 05 05
04. Amended and Restated Levee Easement
Agreement YES Mactutis, Mike 10 21
05. Information Only/Water System Plan NO Bieren, Chad 10 --
06. Information Only/Drainage Master Plan NO Tan, Beth 10 --
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PUBLIC WORKS COMMITTEE MINUTES
FOR MONDAY, JULY 21, 2008
Page 1 of 2
Committee Members Present: Chair Deborah Ranniger and Committee Members
Harmon and Raplee were present. The meeting was called to order at 5:02 p.m.
ITEM 1 – Approval of the Minutes Dated July 07, 2008: Committee Member
Harmon moved to approve the minutes of July 07, 2008. The motion was
seconded by Raplee and passed 3-0.
ITEM 2 –South 277th Street Green River Detention Pond Project – Accept as
Complete: Public Works Director, Larry Blanchard, explained that the 277th Street
Green River Detention Pond Project went out to bid in the summer of 2007 with
work beginning in the Fall of 2007. This is a wetland mitigation project to complete
the requirements of the South 277th Roadway and Bridge Improvements Project.
The project ran over 10% of its project budget due to unforeseen underground
water and erosion caused by rain. Because of the overrun we are required to have
approval by the City Council, before the Mayor can accept the project as complete.
The original contract amount was $187,647.00. The final amount is $217,809.23.
Blanchard went on to explain in more detail about the overage.
Raplee moved to recommend Council authorize the Mayor to accept as
complete, the South 277th Street Green River Detention Pond Project in the
amount of $217,809.23, upon concurrence of the language there in by the
City Attorney and the Public Works Director. The motion was seconded by
Harmon and passed 3-0.
ITEM 3 – Easement upon City Right-of-Way to Stevenson LLC – 228th Street
BNSF Grade Separation Project: Design Engineer Supervisor Mark Madfai
presented information regarding an easement on City right-of-way that is necessary
in order to provide the property owner with legal access to maneuver trucks and
allow for parking in the area behind the wall at Stevenson LLC, which is occupied by
Rexam. The easement is necessary because of the South 228th Street BNSF
Overpass Project.
Harmon moved to recommend authorization for the Mayor to grant an
easement upon City Right of Way to Stevenson LLC for the purpose of
parking and access as part of the South 228th Street Burlington Northern
Santa Fe Grade Separation Project, upon concurrence of the language
there in by the City Attorney and Public Works Director. The motion was
seconded by Raplee and passed 3-0.
ITEM 4 – L.I.D. 359 – 116th Ave SE Street & Utility Improvements (Kent
Kangley Rd to SE 256th St):
Design Engineering Supervisor, Mark Madfai summarized that the construction is
near completion and we are ready to finalize LID 359. He asked committee
members to move to recommend a public hearing be set for September 2, 2008 on
the confirmation of the Final Assessment Roll for LID 359. Ranniger voiced concern
about the timing of the public hearing. It was decided that the public hearing date
would be set for September 16, 2008. Notification of the public hearing will be in
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PUBLIC WORKS COMMITTEE MINUTES
FOR MONDAY, JULY 21, 2008
Page 2 of 2
the papers and those affected by the LID will receive letters. Councilmembers will
receive a copy of the notice letters.
Raplee moved to recommend Council authorize the Mayor to set September
16, 2008, for the Public Hearing on the confirmation of the Final
Assessment Roll for L.ID. 359. The motion was seconded by Harmon and
passed 3-0.
ITEM 5 – Information Only/Water System Plan:
Design Engineering Supervisor Chad Bieren gave a very brief PowerPoint
presentation on where we are to date on the Water System Plan. He will be back at
a later date with more information.
This item was presented for informational purposes only. No action was
taken.
ITEM 5 – Information Only/Drainage Master Plan:
Environmental Engineer III, Beth Tan gave a very brief PowerPoint presentation on
where we are to date on the Drainage Master Plan. Tan will be back with more
information at a later date.
This item was presented for informational purposes only. No action was
taken.
Adjourned:
The meeting was adjourned at 5:36 p.m.
Cheryl Viseth,
Public Works Committee Secretary
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U:\PWCommittee\ActionPage/20080/8 04 08Veh and Equipment Surplus.doc
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: July 30, 2008
TO: Chair Deborah Ranniger and Public Works Committee Members
PW Committee Meeting Date: August 4, 2008
FROM: Ron Green, Fleet Manager
Don Millett, Operations Manager
THROUGH: Larry Blanchard, Public Works Director
SUBJECT: Vehicle and Equipment Surplus
Veh.
#
Year Make Mileage Reason for Disposal
3198 1999 Ford Crown Victoria 101,523 High mileage & costs of repairs too
high for age of vehicle
3817 2004 Ford Crown Victoria 78,274 Vehicle totaled in an accident
3818 2004 Ford Crown Victoria 76,704 Suspension & drive train costs are
re-occurring & costly
3819 2003 Ford Crown Victoria 77,404 Experiencing more electrical
problems with every service
3802 2003 Ford Crown Victoria 92,987 High mileage and maintenance costs
3803 2003 Ford Crown Victoria 88,939 High mileage, history of electrical
issues
8702 1995 Pontiac Grand AM 71,827 Maintenance cost are becoming cost
prohibitive
8784 1998 Chevrolet Van 120,876 Excessive cost to repair considering
age of vehicle
3116 1992 Ford Taurus 68,502 Excessive cost per mile - poor
overall condition
3112 1996 Dodge Stratus 83,267 Excessive cost per mile-brake &
battery issues
5404 1996 International 4700 65,333 Exceeds life expectancy engine
repairs costly for age of vehicle
Miscellaneous Parts: Tires and wheels from motorcycles we no longer have, obsolete
radio parts and equipment and an old defective shop air Compressor (engine rod
knocking).
Summary: The listed vehicles/equipment comply with current replacement policy
guidelines and have been replaced. The equipment will be sold at auction or to smaller
cities and agencies as needed.
Motion: I move to recommend Council authorize the Mayor to authorize staff to
appropriately dispose of 11 vehicles and miscellaneous equipment as described
in this memorandum.
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U:\PWC\ActionPage/2008/08 05 08 Consultant Agrmnt Jason Eng DT Sidewalks.doc
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: July 31, 2008
TO: Chair Debbie Ranniger and Public Works Committee Members
PW Committee Meeting Date: August 4, 2008
FROM: Peter Tenerelli, Construction Manager
THROUGH: Larry Blanchard, Public Works Director
SUBJECT: Consultant Contract w/Jason Engineering & Consulting for 2008
Downtown Sidewalk Improvements
Summary:
Public Work Engineering is contracting for removal and replacement of Downtown
Sidewalks. It is industry standard to have experts in concrete, asphalt and other
construction materials to be on-call to provide consultant services to verify material quality
and quantity as well as assist in the placement and inspection of such materials. This
expertise and materials testing laboratory is not available from City of Kent personnel.
City personnel (Senior Inspectors/Owner’s Representatives) will direct and monitor the
extent of the work of this consultant and assist in those inspection items that do not require
the level of expertise, certifications and laboratory analysis required to complete this project.
Staff recommends that the City enter into a contact agreement with Jason Engineering and
Consultant Business Inc., for materials testing and inspection services for the 2008
Downtown Sidewalk Improvements Project in the amount of $87,525.
Budget Impact: There is sufficient budget available for this contract.
Exhibits: Contract
Motion: I move to authorize the Mayor to sign a consultant contract in the amount of
$87,525 between the City of Kent and Jason Engineering & Consultant Business,
Inc., for the purpose of providing materials testing and inspection services related to
the 2008 Downtown Sidewalk Improvements Project, subject to concurrence of the
City Attorney and the Public Works Director.
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PUBLIC WORKS DEPARTMENT
Larry R. Blanchard
Public Works Director
400 West Gowe
Kent, WA 98032
Fax: 253-856-6500
PHONE: 253-856-5500
City of Kent Public Works Department
DATE: August 5, 2008
TO: Kent City Council Public Works Committee
FROM: Mike Mactutis, Environmental Engineering Manager
THROUGH: Larry Blanchard, Public Works Director
Jeff Watling, Parks Director
SUBJECT: Amended and Restated Levee Easement Agreement
Summary: This Amended and Restated Levee Easement Agreement is to amend a
the original Easement Agreement, recorded under King County Recording No.
20080513001810, to grant certain permanent and temporary easement rights at
the golf course to the King County Flood Control Zone District so that agency could
certify the right of way to the Army Corps of Engineers for restoration of the Narita
and Meyers Golf Course Levees. The consideration for the property rights is in the
form of compensation for redesign and lost revenues to the golf course. The
amendment is to expand the easement to include the driving range which was not
originally included, but upon later consideration of the construction plans became
necessary. The amendment also accounts for compensation for the additional lost
revenue. The levee restoration work is currently underway.
BUDGET IMPACT: No budget impact
MOTION: I move to recommend to authorize the Mayor to execute the
Amended and Restated Levee Easement Agreement, subject to
concurrence of the City Attorney.
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AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT
AGREEMENT
Page 1 of 17
After Recording Return To:
Property Management
City of Kent
220 Fourth Avenue
Kent, Washington 98032
AMENDED AND RESTATED
GRANT OF EASEMENTS
AND
LEVEE EASEMENT AGREEMENT
Grantor: City of Kent, a Washington municipal corporation
Grantee: King County Flood Control Zone District, a Washington
quasi-municipal corporation
Legal Description:
Abbreviated Form: Ptn. Gov. Lots 3, 4, and 5; 23-22-4E
Additional Legal Description on: Exhibits A and B of document
Assessor’s Property Tax Parcel Account Number(s): 2322049010-02;
2322049011-01
Project Name: Meyers Golf and Narita Levees
NOTE: This AMENDED AND RESTATED GRANT OF EASEMENTS AND
LEVEE EASEMENT AGREEMENT amends the instrument that was recorded May
13, 2008 under recording number 20080513001810. This is being executed
and recorded solely for the purpose of amending the legal description for the
permanent easement area to include land for additional easement area located
within the driving range facility as shown approximately on Exhibit C, which is
owned and operated by the City of Kent, and for establishing the basis for
consideration for the additional easement area in the form of compensation for
lost revenues.
23
AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT
AGREEMENT
Page 2 of 17
AMENDED AND RESTATED GRANT OF EASEMENTS AND
LEVEE EASEMENT AGREEMENT
FOR MEYERS GOLF AND NARITA LEVEES
THIS AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE
EASEMENT AGREEMENT (“Agreement”) is entered into on the last date signed
below by and between the Parties, the CITY OF KENT, a Washington municipal
corporation (“Grantor”), and the KING COUNTY FLOOD CONTROL ZONE
DISTRICT (“Grantee”), a Washington quasi-municipal corporation duly
organized under Chapter 86.15 of the Revised Code of Washington, with
reference to the following facts:
RECITALS
A. The purpose of this Agreement is to establish the terms for
conveyance to Grantee of perpetual and temporary easement interests in
20.20 acres of certain real property owned by Grantor, more particularly
described in Exhibit A and Exhibit B hereto.
B. Grantee seeks the easements for the purpose of effecting repairs,
restoration, inspection, and maintenance of the Meyers Golf and Narita Levees
(Work) on property owned by the Grantor.
C. To accomplish the Work, it is necessary for Grantee to acquire
perpetual easement interests to establish the new slopes for the levee and to
inspect and maintain the levee, and temporary interests for use during
construction.
D. The easement rights will encroach upon two tax parcels of
Grantor’s property used as part of the Riverbend Golf Course Complex (Golf
Course), owned and operated by Grantor’s Department of Parks, Recreation,
and Community Services as an Enterprise Fund facility. The Riverbend Golf
Course is the most played public course in the Pacific Northwest and is a
significant recreational resource for the City of Kent and the region. It is of
critical importance to Grantor that the conveyance of property interests and
the work do no irreparable physical or fiscal harm to the Golf Course.
E. The Golf Course has not been appraised under either a
replacement value or fair market value (as zoned commercial) theory. The
two referenced tax parcels consist of 149.72 acres with a King County tax
assessed value of Nine Million Four Hundred and Forty-Three Thousand One
Hundred Dollars ($9,443,100.00) (rounded) as improved, also expressed as
Sixty Three Thousand Dollars ($63,000.00) (rounded) per acre or
approximately One Million Two Hundred Sixty Thousand Dollars
($1,260,000.00) for the perpetual easement conveyed.
24
AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT
AGREEMENT
Page 3 of 17
F. During the construction phase of the Work, Grantor’s eighteen
hole Golf Course will be significantly damaged, such impacts to be partially
mitigated by the temporary operation as a nine-hole Golf Course.
G. After partial completion of the Work, Grantor will be able to
reconfigure its Golf Course to eighteen holes at a cost of approximately One
Million Nine Hundred Twenty-Eight Thousand Eight Hundred Dollars
($1,928,800.00) as detailed by the architect’s estimate, Exhibit D.
H. Damages to the remainder during the Work when the Golf Course
will operate with nine holes cannot be specifically ascertained in advance, but
such damages are estimated as shown on Exhibits E and F, which exhibits also
illustrate the methodology for calculating lost revenues based on historic
performance.
Based upon the Foregoing, the Parties Hereby Enter into the Following:
AGREEMENT
1. All of the foregoing Recitals are hereby ratified.
2. The Parties hereto enter into this Agreement under the authority
conferred by Chapter 86.15 RCW, which provides for the voluntary acquisition
of municipal properties by flood control zone districts.
3. Grantor, in consideration of mutual benefits and other
consideration, hereinafter described, hereby grants and conveys to the
Grantee the following easements for the purposes set forth herein, under, over
and upon the real property described in Exhibits A and Exhibit B attached
hereto and situate in King County, Washington:
a. Flood Protection Levee Easements. A perpetual right and
easement in favor of Grantee in the land described in Exhibit A to construct,
maintain, repair, operate, and replace a flood protection levee, including all
appurtenances thereto; reserving, however, to the Grantor its heirs and
assigns, all such rights and privileges as may be used without interfering with
or abridging the rights and easement hereby acquired; subject, however to
existing easements for public roads and highways, public and private utilities,
railroads, and pipelines, together with an additional fifteen (15) feet
contiguous to and upland of the levee, as constructed, for purposes of
maintenance, repair, patrol and inspection; reserving, however, to Grantors,
their heirs and assigns, all such rights and privileges as may be used without
interfering with or abridging the rights of the additional fifteen (15) feet
contiguous to and upland of easement hereby acquired.
25
AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT
AGREEMENT
Page 4 of 17
b. Temporary Work Area Easements. Temporary and
assignable rights in favor of the Grantee, in, on, over, and across the land
described in Exhibit B for a period not to exceed two (2) years from the date of
execution of this Agreement, for the purpose of a work area, including the
right to borrow and/or deposit fill material thereon, move, store, and remove
equipment and supplies, erect and remove temporary structures on the land,
and to perform any other work necessary and incident to the construction of a
Flood Protection Levee, together with the right to trim, cut, fell, and remove
therefrom all trees, underbrush, and other obstructions, structures, or
obstacles within the limits of the Temporary Work Easement; reserving,
however, to the Grantors, their heirs and assigns, all such rights and privileges
as may be used without interfering with or abridging the rights of the
easement hereby acquired.
4. If in the use of the easements granted above, the Grantee causes
damages to other property of the Grantor or causes damage to the easement
areas as a result of activity that is not permitted by the easements, Grantee
shall repair replace and restore such damages at Grantee’s sole expense.
5. The Parties agree that the Golf Course is most closely analogous
to an irreplaceable special use facility and that consideration for conveyance of
the perpetual and temporary easements and damages will be the actual cost of
restoration and the actual operation losses during the period of construction.
6. Therefore, Grantee shall reimburse Grantor for the reasonable,
actual costs of reconfiguration and reconstruction in accord with the following
procedure:
a. Grantor shall submit the contract plans and specifications
for Grantee’s approval, such approval not to be unreasonably delayed or
withheld.
b. Grantee shall reimburse Grantor for the total project cost
of the reconfiguration and restoration which shall include design, contract
construction cost, sales tax, legal costs, permit fees, utility restoration costs
and inspection costs. Reimbursement shall include contract costs due to
changes and amendments, provided that Grantee is given written notice of any
such change or amendment in excess of ten thousand dollars ($10,000.00)
and the opportunity to comment on and provide input to any changes,
amendments, or resolution of any claims related to any contracts associated
with the restoration project. Grantee shall provide its comments and input
within five (5) business days of submittal by Grantor. It is understood and
agreed that any verified claims for damages for delay and associated costs
resulting solely from this comment and input process shall be reimbursable
expenses. In the event of a dispute between the parties over the matters
26
AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT
AGREEMENT
Page 5 of 17
addressed in this subparagraph, 6.b., the provisions of paragraph 12 shall
apply.
c. Costs incurred prior to the execution of this Agreement
shall by reimbursed in the initial payment.
d. Payment shall be made to Grantor, at its sole option, either
monthly or bi-monthly within thirty (30) days of receipt by Grantee of properly
documented invoices.
e. Grantee reserves the right to an independent audit of the
invoices and supporting materials.
7. Grantor agrees to mitigate further damages to the remainder by
operating as a nine hole Golf Course for the period necessary to reconfigure to
eighteen holes, with the understanding that the timing of the reconfiguration is
dependent upon Grantee’s construction schedule for the levee Work.
8. Grantee agrees that compensation for lost revenue during the
period of reduced operation is analogous to market rent for the period of
possession and use during construction and shall reimburse Grantor for actual
losses. Such costs shall be billed to Grantee monthly with payment due within
thirty (30) days. Grantor shall provide to Grantee on its billings total revenue
figures for monthly periods when operation is reduced due to the Work and/or
Golf Course reconfiguration and associated construction. Actual losses will be
calculated as the difference between total actual revenue and projected
average total revenue for each monthly period as estimated on Exhibits E and
F Grantee agrees with and accepts the methodology for determining lost
revenues and reserves the right to an independent audit of the invoices and
supporting materials.
9. Each party agrees to indemnify and hold harmless the other for
its own negligence for activities carried out under this Agreement.
10. Solely for the purpose of enforcing the indemnification provision
above, each party expressly waives its immunity under Title 51 of the Revised
Code of Washington; provided, that such waiver shall not preclude the
indemnifying party from raising such immunity as a defense against any claim
brought against the indemnifying party by any of its employees.
11. Each party recognizes that the other is self-insured and accepts
such coverage for liability arising under this agreement. Should Grantee
choose not to self-insure, Grantee shall maintain and keep in full force and
effect a policy of general liability insurance in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence with an additional excess
27
AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT
AGREEMENT
Page 6 of 17
liability policy of not less than Ten Million Dollars ($10,000,000.00) and
provide Grantor with a Certificate of Insurance and additional insured
endorsement that will name Grantor and its successors and assigns as
Additional Insureds.
12. The parties will seek to resolve any disputes under this
Agreement as follows:
a. For disputes involving cost reimbursements, submittal of all
relevant information to an independent Certified Public Accountant and/or a
Construction Claims Consultant, if agreed upon by the parties, for a non-
binding opinion as to responsibility.
b. If the foregoing does not result in resolution and for all
other disputes, the parties may mutually select any informal means of
resolution and resort will otherwise be had to the Superior Court for King
County at the Regional Justice Center in Kent, Washington.
c. Each party shall be responsible for its own costs and
attorneys fees.
13. This Agreement represents a full recitation of the rights and
responsibilities of the parties and may be modified only in writing and upon the
consent of both parties.
14. This Agreement shall be effective upon the date of full execution
at which date the payment set forth in Paragraph 6 shall be due and owing.
15. The rights, conditions, covenants, and provisions contained in this
Easement Agreement shall inure to the benefit of and are binding on the
parties hereto and their respective successors and assigns and shall run with
the land.
16. All communications regarding this Agreement shall be sent to the
parties at the addresses listed below, 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 address stated below or such other address as
may be hereafter specified in writing:
If to Grantor: If to Grantee:
Jeff Watling, Director Theresa Jennings, Director
City of Kent Parks, Recreation, King County, DNRP
And Community Services 201 South Jackson St.
28
AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT
AGREEMENT
Page 7 of 17
220 – 4th Avenue South Suite 700
Kent, WA 98032 Seattle, WA 98104-3855
17. The undersigned warrant that they have the authority duly
granted by their respective legislative bodies to make and execute this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement,
which shall become effective on the last date signed below.
GRANTOR:
CITY OF KENT
By:
Suzette Cooke, Mayor
GRANTEE:
KING COUNTY FLOOD
CONTROL ZONE DISTRICT
By:
Theresa Jennings, Director
King County Dept. of Natural
Resources and Parks on behalf of
the King County Flood Control
Zone District
Acting pursuant to Resolution No.
_____________ of said Grantee
APPROVED AS TO FORM:
By:
Assistant City Attorney
City of Kent
APPROVED AS TO FORM:
By:
Counsel for King County Flood
Control Zone District
Notary Acknowledgements Appear on Following Page
29
AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT
AGREEMENT
Page 8 of 17
STATE OF WASHINGTON )
: ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Suzette
Cooke is the person who appeared before me, and said person acknowledged that
she signed this instrument, on oath stated that she is authorized to execute the
instrument on behalf of the City of Kent as its Mayor, and such execution to be
the free and voluntary act of such party for the uses and purposes mentioned in the
foregoing instrument.
STATE OF WASHINGTON )
: ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that
______________________________ is the person who appeared before me, and
said person acknowledged that he/she signed this instrument, on oath stated that
he/she is authorized to execute the instrument on behalf of the King County Flood
Control Zone District as its ____________________________________, and
such execution to be the free and voluntary act of such party for the uses and
purposes mentioned in the foregoing instrument.
-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.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
-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.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
30
Exhibit A – Legal Description for Permanent Easement Area
AMENDED AND RESTATED
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 9 of 17
Exhibit A
Permanent Easement Area
A permanent easement over all those portions of Government Lot 3, Section
22, Township 22 North, Range 4 East, W.M. and Government Lots 1, 2, 3, 4
and 5 of Section 23, Township 22 North, Range 4 East, W.M., in King County,
Washington, described as follows:
Commencing at the north section corner of said Section 23, from which point
the northeast section corner bears S88°59’28”E 2634.43 feet distant; thence
N89°05’24”W, along the north line of the northwest quarter of said Section
23, a distance of 925.47 feet to the west margin of Russell Road (also known
as John Downey Road Number 722 and also known as 54th Place South); and
the TRUE POINT OF BEGINNING of the herein described tract: thence
continuing N89°05’24”W, along the north line of said northwest quarter 38.23
feet, more or less, to the line of ordinary high water on the east bank of the
Green River (also known as the White River); thence generally southwesterly
along the line of ordinary high water to its intersection with the north margin
of Meeker Street (also known as Kent Des Moines Road and also known as
George W. Peck Road Extension Number 1070); the ordinary high water
mark being approximately described as follows:
thence S24°11’00”E 1.83 feet; thence S11°40’00”E 89.00 feet; thence
S11°19’00”W 41.00 feet; thence S02°25’00”E 55.00 feet; thence
S08°00’00”W 57.00 feet; thence S17°18’00”W 62.00 feet; thence
S23°22’00”W 43.00 feet; thence S43°59’00”W 20.00 feet; thence
S29°23’00”W 44.00 feet; thence S37°23’00”W 76.00 feet; thence
S45°57’00”W 42.00 feet; thence S50°08’00”W 53.00 feet; thence
S46°19’00”W 32.00 feet; thence S54°21’00”W 70.00 feet; thence
S62°42’00”W 66.00 feet; thence S65°04’00”W 63.00 feet; thence
S71°05’00”W 65.00 feet; thence S87°53’00”W 48.00 feet; thence
N89°42’00”W 75.00 feet; thence N75°09’00”W 31.00 feet; thence
N69°26’00”W 111.00 feet; thence N63°03’00”W 64.00 feet; thence
N66°57’00”W 105.00 feet; thence N65°22’00”W 88.00 feet; thence
N78°59’00”W 95.00 feet; thence N88°32’00”W 78.00 feet; thence
S86°30’00”W 57.00 feet; thence N84°24’00”W 38.00 feet; thence
S83°38’00”W 47.00 feet; thence N83°33’00”W 40.00 feet; thence
N89°25’00”W 48.00 feet; thence S84°14’00”W 112.00 feet; thence
S84°05’00”W 59.00 feet; thence S76°26’00”W 44.00 feet; thence
S68°46’00”W 94.00 feet; thence S55°42’00”W 28.00 feet; thence
S49°56’00”W 101.00 feet; thence S42°27’00”W 45.00 feet; thence
S28°26’00”W 45.00 feet; thence S37°58’00”W 50.00 feet; thence
31
Exhibit A – Legal Description for Permanent Easement Area
AMENDED AND RESTATED
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 10 of 17
S27°17’00”W 50.00 feet; thence S02°58’00”W 24.00 feet; thence
S31°13’00”W 63.00 feet; thence S30°30’00”W 61.00 feet; thence
S24°52’00”W 72.00 feet; thence S20°00’00”W 42.00 feet; thence
S12°21’00”W 49.00 feet; thence S03°45’00”W 36.00 feet; thence
S07°02’00”E 69.00 feet; thence S15°16’00”E 66.00 feet; thence S27°21’00”E
55.00 feet; thence S37°19’00”E 71.00 feet; thence S42°21’00”E 57.00 feet;
thence S47°20’00”E 64.00 feet; thence S52°07’00”E 52.00 feet; thence
S55°09’00”E 104.00 feet; thence S50°13’00”E 56.00 feet; thence
S51°34’00”E 102.00 feet; thence S48°19’00”E 106.00 feet; thence
S52°06’00”E 54.00 feet; thence S43°38’00”E 81.00 feet; thence S51°57’00”E
106.00 feet; thence S46°25’00”E 57.00 feet; thence S45°51’00”E 54.00 feet;
thence S29°48’00”E 42.00 feet; thence S30°26’00”E 49.00 feet; thence
S33°49’00”E 54.00 feet; thence S26°26’00”E 52.00 feet; thence S21°13’00”E
44.00 feet; thence S17°03’00”E 33.00 feet; thence S05°35’00”E 29.00 feet;
thence S03°15’00”E 52.00 feet; thence S01°03’00”E 38.00 feet; thence
S00°42’00”E 61.00 feet; thence S14°51’00”W 25.00 feet; thence
S16°06’00”W 28.00 feet; thence S18°40’00”W 41.00 feet; thence
S24°51’00”W 36.00 feet; thence S24°59’00”W 54.00 feet; thence
S15°00’00”W 45.00 feet; thence S18°24’00”W 82.00 feet; thence
S16°31’00”W 139.00 feet; thence S03°42’00”W 49.00 feet; thence
S04°26’00”E 19.00 feet; thence S04°03’00”E 18.99 feet to the northwesterly
margin of aforesaid Meeker Street and a point hereinafter referred to as point
“A”; thence N65°39’05”E, along said northwesterly margin, 163.52 feet;
thence leaving said northwesterly margin, N28°12’40”W 24.95 feet; thence
N04°55’05”E 88.22 feet; thence N18°17’44”E 130.90 feet; thence
N21°00’55”E 268.92 feet; thence N00°00’00”E 71.00 feet; thence
N14°22’53”W 120.78 feet; thence N21°02’15”W 55.71 feet; thence
N30°24’44”W 203.28 feet; thence N44°35’37”W 241.31 feet; thence
N49°38’34”W 58.88 feet; thence N47°46’12”W 204.60 feet; thence
N51°09’55”W 193.87 feet; thence N54°09’38”W 158.14 feet; thence
N47°24’31”W 46.40 feet; thence N38°32’53”W 79.39 feet; thence
N27°44’29”W 66.85 feet; thence N16°22’09”W 24.32 feet; thence
N03°39’21”W 43.67 feet; thence N08°09’41”E 12.43 feet; thence
N24°49’10”E 85.47 feet; thence N29°21’43”E 116.71 feet; thence
N26°09’19”E 122.90 feet; thence N36°01’51”E 53.92 feet; thence
N49°16’59”E 90.07 feet; thence N62°56’25”E 52.28 feet; thence
N72°06’08”E 59.03 feet; thence N82°50’41”E 80.74 feet; thence
N87°24’52”E 124.05 feet; thence N89°58’16”E 95.12 feet; thence
S88°47’35”E 144.16 feet; thence
32
Exhibit A – Legal Description for Permanent Easement Area
AMENDED AND RESTATED
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 11 of 17
S82°59’07”E 48.61 feet; thence S72°11’48”E 43.39 feet; thence
S68°07’56”E 66.29 feet; thence S65°56’46”E 139.64 feet; thence
S67°11’28”E 120.01 feet; thence S71°47’12”E 57.99 feet; thence
S83°29’52”E 47.93 feet; thence N88°37’33”E 109.27 feet; thence
N74°44’18”E 101.55 feet; thence N65°03’41”E 132.70 feet; thence
N54°00’16”E 149.79 feet; thence N45°55’49”E 140.02 feet; thence
N35°44’29”E 133.34 feet; thence N20°43’44”E 79.20 feet to the westerly
margin of aforesaid Russell Road; thence along said westerly margin
N19°40’24”W 70.69 feet; thence continuing along said westerly margin
N09°03’24”W 257.95 feet to the TRUE POINT OF BEGINNING.
And commencing at aforementioned point “A”; thence S03°58’35”W 170.40
feet, more or less, to the intersection of the line of ordinary high water on the
east bank of the Green River (also known as the White River) with the
southeasterly margin of aforesaid Meeker Street and the TRUE POINT OF
BEGINNING; thence N65°39’05”E, along said southeasterly margin, 254.50
feet; thence S46°06’25”W 144.72 feet; thence S07°17’35”E 144.29 feet;
thence S11°47’38”E 77.75 feet; thence S22°41’49”E 54.79 feet; thence
S30°35’34”E 50.95 feet; thence S32°04’35”E 69.38 feet; thence S28°52’25”E
36.99 feet; thence S42°57’19”E 79.29 feet; thence S49°21’41”E 25.16 feet;
thence S55°43’21”E 34.48 feet; thence S62°08’35”E 32.25 feet; thence
S65°47’25”E 46.62 feet; thence S82°13’22”E 115.77 feet; thence
N77°13’10”E 62.81 feet; thence N72°46’26”E 46.21 feet; thence
N67°50’48”E 58.55 feet; thence N58°54’25”E 49.42 feet; thence
N53°42’55”E 54.13 feet; thence N50°39’54”E 60.16 feet; thence
N53°13’55”E 69.69 feet; thence N51°01’13”E 103.75 feet; thence
N50°57’48”E 89.68 feet; thence N54°07’35”E 71.86 feet; thence
N55°32’16”E 55.04 feet; thence N60°28’52”E 87.89 feet; thence
N59°44’53”E 85.54 feet; thence N59°31’26”E 87.05 feet; thence
N69°14’18”E 179.30 feet; thence N75°19’53”E 60.14 feet; thence
N78°12’50”E 367.68 feet; thence N76°58’54”E 86.72 feet; thence
N64°45’50”E 65.03 feet, more or less, to the westerly margin of aforesaid
Russell Road, said point being hereinafter referred to as point “B”; thence
S11°07’59”E, along said westerly margin, 122.66 feet, more or less, to the
line of ordinary high water on the north bank of said Green River; thence
generally southwesterly and northwesterly along the line of ordinary high
water to its intersection with the north margin of aforesaid Meeker Street, the
ordinary high water mark being approximately described as follows: thence
S63°19’00”W 5.20 feet; thence S62°36’00”W 31.00 feet; thence
S77°45’00”W 72.00 feet; thence S76°34’00”W 58.00 feet; thence
S75°17’00”W 90.00 feet; thence S80°07’00”W 91.00 feet; thence
S77°47’00”W 112.00 feet; thence S78°55’00”W 75.00 feet; thence
33
Exhibit A – Legal Description for Permanent Easement Area
AMENDED AND RESTATED
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 12 of 17
S71°22’00”W 75.00 feet; thence S70°21’00”W 55.00 feet; thence
S58°35’00”W 61.00 feet; thence S70°35’00”W 64.00 feet; thence
S57°56’00”W 65.00 feet; thence S63°49’00”W 61.00 feet; thence
S60°08’00”W 49.00 feet; thence S60°13’00”W 38.00 feet; thence
S52°49’00”W 87.00 feet; thence S55°31’00”W 58.00 feet; thence
S45°58’00”W 81.00 feet; thence S52°07’00”W 63.00 feet; thence
S56°05’00”W 72.00 feet; thence S51°01’00”W 76.00 feet; thence
S55°19’00”W 57.00 feet; thence S60°08’00”W 69.00 feet; thence
S66°18’00”W 61.00 feet; thence S76°28’00”W 64.00 feet; thence
S80°37’00”W 61.00 feet; thence S86°30’00”W 60.00 feet; thence
N89°45’00”W 48.00 feet; thence N71°52’00”W 40.00 feet; thence
N64°48’00”W 61.00 feet; thence N63°44’00”W 43.00 feet; thence
N59°07’00”W 55.00 feet; thence N51°31’00”W 58.00 feet; thence
N48°39’00”W 56.00 feet; thence N40°53’00”W 62.00 feet; thence
N40°22’00”W 50.00 feet; thence N38°43’00”W 58.00 feet; thence
N34°00’00”W 54.00 feet; thence N29°51’00”W 44.00 feet; thence
N24°15’00”W 51.00 feet; thence N00°56’00”W 59.00 feet; thence
N02°53’00”E 40.00 feet; thence N01°24’00”W 70.00 feet; thence
N01°56’00”W 39.00 feet; thence N06°56’00”W 34.72 feet to the TRUE POINT
OF BEGINNING.
Together with an easement for access to and inspection of the above
described lands, over a strip of land, 15.00 feet in width, contiguous to and
upland of the above described parcels;
Except any portions thereof lying within the Colony Park Condominium, as
recorded in Volume 31 of Condominiums, pages 55 through 57, records of
King County.
34
Exhibit B – Legal Description for Temporary Construction Easement Area
AMENDED AND RESTATED
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 13 of 17
Exhibit B
Temporary Construction Easements
A temporary construction easement over a portion of Government Lot 3, Section
23, Township 22 North, Range 4 East, W.M., in King County, Washington,
described as follows:
Commencing at the north section corner of said Section 23, from which point the
northeast section corner bears S88°59’28”E 2634.43 feet distant; thence
S37°18’38”W 3570.57 feet to that certain point referred to as point “A’ in Exhibit
A to this Agreement and recorded together with this Exhibit B, thence
N65°39’05”E, along the northwesterly margin of Meeker Street (also known as
Kent Des Moines Road and also known as George W. Peck Road Extension
Number 1070), 163.52 feet; thence leaving said northwesterly margin,
N28°12’40”W 24.95 feet; thence N04°55’05”E 88.22 feet; thence N18°17’44”E
130.90 feet; thence N21°00’55”E 142.44 feet to the TRUE POINT OF BEGINNING;
thence continuing N21°00’55”E 126.48 feet; thence N00°00’00”E 71.00 feet;
thence N14°22’53”W 120.78 feet; thence S38°13’47”E 230.92 feet; thence
S51°46’13”W 201.47 feet to the TRUE POINT OF BEGINNING;
Together with a temporary construction easement over a portion of Government
Lot 5, Section 23, Township 22 North, Range 4 East, W.M., in King County,
Washington, described as follows:
Commencing at the north section corner of said Section 23, from which point the
northeast section corner bears S88°59’28”E 2634.43 feet distant; thence
S01°23’18”W 2840.88 feet to that certain point referred to as point “B’ in Exhibit
A to this Agreement and recorded together with this Exhibit B, and the TRUE
POINT OF BEGINNING; thence S64°45’50”W 65.03 feet; thence S76°58’54”W
76.97 feet; thence N11°07’59”W 420.14 feet; thence N78°52’01”E 140.00 feet to
the westerly margin of Russell Road (also known as John Downey Road Number
722 and also known as 54th Place South); thence S11°07’59”E, along said
westerly margin, 401.76 feet to the TRUE POINT OF BEGINNING.
35
Exhibit C – Ariel Photograph with Overlay
AMENDED AND RESTATED
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 14 of 17
Exhibit C
Aerial Photograph with Overlay
36
Exhibit D – Estimated Construction Costs
AMENDED AND RESTATED
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 15 of 17
Exhibit D
Estimated Construction Costs
Riverbend Golf Complex
18 Hole Golf Course Renovation Preliminary Estimated Construction Cost
Green River Levee Project 13-Mar-08
Prepared by John Steidel, Golf Course Architect
and Original Course Designer of Riverbend Golf Course
Renovation of Holes 4 through 9 which are impacted by the Levee Project. $1,800,000
Work is describes as renovating and remodeling the existing Riverbend
18 Hole Golf Course to accommodate the relocation of the Green River
Levee and is described as but not limit to;
Hole No. 4 - Relocation of the fairway, reconstruction of the fairway
bunkers, addition of greenside bunkering and screening,
modifications to the existing irrigation system, and
relocation of the cart path.
Hole No. 5 - Relocation of the tee, fairway, green, screening, new
irrigation, and relocation of the cart path.
Hole No. 6 - Relocation of the existing tee and green, relocation of the
existing fairway, shaping and remodeling of the approach,
reconstruction of existing fairway bunkers, modification
to the existing irrigation system, protective screening, and
relocation of the cart path
Hole No. 7 - Relocation of existing tee, relocation and remodeling of
fairway bunkering, addition of approach bunkering,
modifications to the existing irrigation system, and
relocation of the cart path in the tee area.
Hole No. 8 - Relocation of the tee, fairway, green and greenside bunker,
new irrigation, and relocation of the cart path.
Hole No. 9 - Relocation of the tee, relocation and modification of existing
Fairway bunkering, modification to the existing irrigation
system, and relocation of the cart path.
Meeting and Consulting Fees $10,000
Architectural and Engineering Design Fees $118,800
Preliminary Estimated Construction Cost $1,928,800
37
Exhibit E – City Estimated Cost to Reconfigure Golf Course
AMENDED AND RESTATED
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 16 of 17
Exhibit E
Estimated Lost Golf Course Revenues
Riverbend Golf Complex
Projected Monthly Revenue Impact
1-Apr-08
JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC TOTAL
2.45% 3.88% 6.01% 9.65% 12.49% 13.24% 15.10% 14.33% 10.55% 6.54% 3.56% 2.20% 100.00%
Greens Fee
Revenue $41,686 $65,394 $100,629 $159,112 $203,600 $212,003 $241,208 $224,811 $165,355 $107,484 $59,957 $36,761 $1,618,000
Rental Revenue $3,485 $5,746 $9,561 $17,878 $25,426 $30,822 $35,770 $38,003 $28,046 $12,361 $5,284 $3,518 $215,900
Pro Shop Sales $1,764 $2,794 $4,327 $6,948 $8,993 $9,532 $10,872 $10,318 $7,596 $4,709 $2,563 $1,584 $72,000
Gift Certificate
Sales $4,165 $6,596 $10,217 $16,405 $21,233 $22,508 $25,670 $24,361 $17,935 $11,118 $6,052 $3,740 $170,000
Total Revenue $51,100 $80,530 $124,734 $200,343 $259,252 $274,865 $313,520 $297,493 $218,932 $135,672 $73,856 $45,603 $2,075,900
Projected
Revenue (30%) $15,330 $24,159 $37,420 $60,103 $77,776 $82,460 $94,056 $89,248 $65,680 $40,702 $22,157 $13,681 $622,772
Projected
Shortfall $35,770 $56,371 $87,314 $140,240 $181,476 $192,405 $219,464 $208,245 $153,252 $94,970 $51,699 $31,922 $1,453,128
September –
March $511,298
38
Exhibit F – Estimated Lost Driving Range Revenues
AMENDED AND RESTATED
GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT
Page 17 of 17
Exhibit F
Estimated Lost Driving Range Revenues
Date Range: Historical Revenue Data: Daily 2008 2008
9/1 – 9/15 2004 2005 2006 2007 Average Average Projected
Daily
Ave.
Driving Range $19,067 $20,353 $18,212 $19,731 $19,341 $1,289 $20,000 $1,333
Lessons $5,595 $5,005 $6,305 $4,735 $5,535 $369 $5,000 $333
Miniature Golf $2,932 $3,284 $2,869 $2,964 $3,013 $201 $3,000 $200
Divot Café $1,798 $1,794 $1,449 $1,172 $1,553 $104 $1,500 $100
Total $29,392 $30,436 $28,835 $28,602 $29,442 $1,963 $29,500 $1,966
39