CITY COUNCIL REGULAR MEETING AGENDA www.covingtonwa.gov

Tuesday, May 12, 2020 Virtually/Telephonically 7:00 p.m. via Zoom Platform

This City Council meeting will be held telephonically and virtually to comply with Governor Inslee’s Proclamation 20-28 (as amended and extended), which, among other things, suspended various requirements under the Open Public Meetings Act, Chapter 42.30 RCW, and prohibited public agencies from conducting meetings in person through May 31, 2020. All items on the agenda are either (1) necessary and routine; or (2) necessary to respond to the COVID-19 outbreak and current public health emergency.

This City Council meeting will be held telephonically and virtually as follows: Join via computer: https://us02web.zoom.us/j/82704668602 Or Telephone: 253-215-8782 Webinar ID: 827 0466 8602

CALL CITY COUNCIL REGULAR MEETING TO ORDER

ROLL CALL/PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

PUBLIC COMMENT Speakers will state their name, address, and organization. Comments are directed to the City Council, not the audience or staff. Comments are not intended for conversation or debate and are limited to no more than four minutes per speaker. Speakers may request additional time on a future agenda as time allows.

NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED.

APPROVE CONSENT AGENDA C-1. Vouchers (Parker)C-2. Appoint Voting Delegates for the 2020 Puget Sound Regional Council General Assembly (Council)C-3. Authorize City Manager to Enter into Entry Agreements for the Purpose of Topographic Survey on

the SE 272nd Street and Covington Way Project (CIP 1063) (Lindskov) C-4. Authorize City Manager to Execute Declaration of Restrictive Covenants for SoCo Park Parcel No.

362205-9035 (Newton)

NEW BUSINESS - NONE

FUTURE AGENDA ITEMS

COUNCIL/STAFF COMMENTS

PUBLIC COMMENT See Guidelines on Public Comments above in First Public Comment Section

EXECUTIVE SESSION – if needed

ADJOURN

Americans with Disabilities Act – reasonable accommodations provided upon request at least 24 hours in advance (253-480-2400).

Consent Agenda Item C-1 Covington City Council Meeting

Date: May 12, 2020

SUBJECT: APPROVAL OF VOUCHERS

RECOMMENDED BY: Casey Parker, Finance Director

ATTACHMENT(S): (Provided under separate cover.) Vouchers: Vouchers #40819 - #40898, including ACH payments in the amount of $731,638.32, dated April 24, 2020.

PREPARED BY: Casey Parker, Finance Director

CITY COUNCIL ACTION: Ordinance _____ Resolution X Motion Other

Having found that this action is necessary and routine, Councilmember __________ moves, Councilmember ____________ seconds, to approve for payment Vouchers: Vouchers #40819 - #40898, including ACH payments in the amount of $731,638.32, dated April 24, 2020.

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Consent Agenda Item C-2 Covington City Council Meeting Date: May 12, 2020 SUBJECT: APPOINT VOTING DELEGATE(S) FOR THE 2020 PUGET SOUND

REGIONAL COUNCIL GENERAL ASSEMBLY RECOMMENDED BY: Regan Bolli, City Manager ATTACHMENT(S): None

PREPARED BY: Krista Bates, Executive Assistant / Deputy City Clerk EXPLANATION: PSRC includes all mayors, county executives, commissioners, and councilmembers of PSRC member jurisdictions. Each elected representative is a voting member of the General Assembly, which meets at least annually to vote on major decisions, establish the budget, and elect new officers. The next General Assembly is scheduled to be held remotely on June 25. (Please note that this agenda item is being brought to the city council in compliance with Governor issued Proclamation 20-28 pertaining to temporary rules regarding open public meetings. This agenda item is considered “necessary and routine.” It is necessary for the city to continue having representation as voting delegates on a regional council during the COVID-19 emergency in order to stay abreast of the issues facing local and state jurisdictions throughout the Puget Sound. This action is taken by the city council each year to appoint a voting delegate to the Puget Sound Regional Council; therefore, it is routine.) ALTERNATIVES: Not Applicable FISCAL IMPACT: None. CITY COUNCIL ACTION: _____Ordinance _____ Resolution X Motion Other

Having found this action to be necessary and routine, Councilmember _______________ moves, and Councilmember _______________ seconds to appoint Councilmember _______________ as the voting delegate to represent the City of Covington at the 2020 General Assembly.

REVIEWED BY: City Manager, Finance Director

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Consent Agenda Item C-3 Covington City Council Meeting Date: May 12, 2020 SUBJECT: CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO ENTRY

AGREEMENTS WITH PRIVATE PROPERTY OWNERS FOR THE PURPOSE OF TOPOGRAPHIC SURVEY WITHIN THE SE 272ND STREET AND COVINGTON WAY PROJECT LIMITS (CIP 1063)

RECOMMENDED BY: Don Vondran, Public Works Director ATTACHMENTS: 1. Cover Letter Example 2. Permit of Entry Example 3. Identified Parcel Needs 4. Cascade Water Alliance Agreement 5. King County Special Use Permit PREPARED BY: Bob Lindskov, City Engineer EXPLANATION: As identified in early project scoping, there are 32 private and publicly held parcels that the City’s consultant will need to survey in order to design the SR 516 and Covington Way project. In January, the City’s consultant mailed out cover letters describing the project with an attached right of entry permit (Attachment #1 and #2). These properties (Attachment #3) not only represent the properties adjacent to the road improvements on SE 272nd Street, they also include those that are along Little Soos Creek both upstream and downstream of the project. Due to the potential impacts of the project on Little Soos Creek and a culvert that Little Soos Creek passes through, survey is needed upstream and downstream of the project limits in order to gather the required information for the necessary environmental permits. In order to complete the survey field work, the City requested permission for the Transpo Group, and their subconsultants, Saez Consulting Engineers and Shannon & Wilson, to enter the identified properties. Property will not be damaged, marked or destroyed as part of the work. Staff received these letters back but could not find code or policy that council had delegated such an authority to staff to enter into such agreements with private and/or public landowners. Staff is asking council to allow the City Manager or designee to act as the Authorized Agent of the City to enter into Permit of Entry agreements for the purpose of topographic survey of the project limits and stream buffer impacts. In addition, staff received responses from Cascade Water Alliance (one of the property owners) and King County (another property owner) requiring different agreement forms (Attachment #4 and #5) be used for access. Those have been reviewed and included in this process as well.

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This action complies with the Open Public Meetings Act suspension under Governor Inslee’s Proclamation 20-28. This action is necessary for the City of Covington to continue with its essential public facility transportation projects, and it is part of the routine business of the City of Covington City Council. ALTERNATIVES: The Council could elect not to delegate such authority. To accommodate this each Permit of Entry Agreement would need to be brought before council. FISCAL IMPACT: There will be no transfer of funds between the City, private or public property owners for the purpose of this topographic survey. CITY COUNCIL ACTION: Ordinance ___Resolution X Motion ___Other

Having found that this action is necessary and routine, Councilmember ___________ moves, Councilmember, __________ seconds, to authorize the city manager to enter into Entry Agreements for the purposes of topographic survey on the SE 272nd Street and Covington Way Project (CIP 1063).

REVIEWED BY: City Manager; City Attorney, Finance Director

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City of Covington 16720 SE 271st St. Suite 100 Covington, WA 98042

City Hall – 253.480.2400 www.covingtonwa.gov

January 30, 2020

Xxxxxxx Xxxxxxx Xxxxxxx SE 272nd Street Covington, WA 98042

SUBJECT: TOPOGRAPHIC SURVEY, SR 516 AND COVINGTON WAY INTERSECTION IMPROVEMENTS PROJECT, CIP 1063, CITY OF COVINGTON, KING COUNTY, WASHINGTON

Dear Property Owner,

The City of Covington has received grant funding for the design of the SR 516 and Covington Way Intersection Improvements project which includes the installation of new turn lanes on SR 516 between 156th Ave SE and SR 18 and modifications to the Little Soos Creek crossing at Covington Way. This project abuts your property at XXXXXXXXXXXX.

The City has hired the Transpo Group to survey and design the project. In order to complete the survey field work, the City requests permission for the Transpo Group, and their surveyors Saez Consulting Engineers and Shannon & Wilson, to enter your property. Property will not be damaged, marked or destroyed as part of the work. We anticipate that this survey field work will take place between now and July 1st of 2020.

Prior to the surveying crews visiting we would like to obtain a permit to enter your property, survey it, and possibly place small temporary surveying stakes on your property. It is possible that engineering and biological crews will be placing yellow or pink flags near wetlands. Please do not remove them. Our project consultant, Kevin Collins, will be scheduling the surveying crews after your permission is obtained. He will stay within the extents needed for surveying of the SR 516 and Covington Way SE corridor, the Little Soos Creek stream corridor, and driveway approaches. Your presence is not required but if you would like to be present at the time of survey, please reach out to myself or Kevin Collins. We will do our best to accommodate.

Please sign and return the right of entry permit in the self-addressed envelope.

ATTACHMENT 1

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City of Covington 16720 SE 271st St. Suite 100 Covington, WA 98042 City Hall – 253.480.2400 www.covingtonwa.gov

If you have any questions, I can be reached by my email or phone number below. I appreciate your prompt attention. Sincerely, Robert Lindskov, PE Kevin Collins, PE City Engineer Principal, Engineering Director City of Covington Transpo Group Blindskov@covingtonwa.gov Kevin.collins@transpogroup.com 206-480-2467 425-896-5217 Encl.

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ATTACHMENT 2

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2622059199

3522059190

3522059001

2622059049

3522059201

2522059096

3522059033

2622059073

3522059061

3522059172

3522059074

2622

0591

26

3522059040

2622

0590

742622059077

3522

0591

73

26220591542622059155

SR 18

RAMP

156TH PL SE

SE 272ND ST16

4TH

AV

E S

E

COVING

TON W

AY SE

166T

H P

L S

E

SE 268TH ST

168T

H PL SE

161S

T AV

E S

E

159TH AV

E SE

SE 267TH PL

165T

H P

L S

E

163R

D A

VE

SE

166T

H AVE S

E

SE 265TH ST

SE 266TH PL

SE 267TH CT

SE 269TH ST

162ND AVE SE

SE 265TH CT

RAMP

SR 18

Littl

e So

os C

reek

Big

Soos

Cre

ek

Project Vicinity

This map is intended for planning purposes only. Information was compiled from the most accurate sources generally available.

CIP 1063 Property Access MapSR516 Widening Project

City of Covington

Created By: Shawn Buck 01/29/2020

.

Private Property Access Need0 300150 Feet

ATTACHMENT 3

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ATTACHMENT 4

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Facilities Management Division

Real Estate Services Section

King County Administration Building 500 Fourth Avenue Room 830 Seattle, WA 98104 Permits 206-477-9350, FAX 206-296-0196

SPECIAL USE PERMIT

Use of County Owned Property

PERMIT NUMBER: SUPS20-0034 DATE: 04/09/2020

PERMITEE:

City of Covington - Bob Lindskov 16720 SE 271st St. #100 Covington, WA 98042

DAY PHONE: (253)480-2467 FAX: OTHER PHONE:

PURPOSE:

To allow use of PIN 262205-9199 Calhoun Gravel Pit and 352205-9210 Soos Creek Trail Corridor to perform topographic surveys.

LEGAL DESCRIPTION: 1/4 Sec Twp Rge Account No Kroll Page Primary

SE 26 22 5 2622059199 656 Yes LOT 2 CITY OF COVINGTON SHORT PLAT NO LU13-0014/0002 RECORDING NO 20131023900008 (BEING A PORTION OF SW QTR AND SE QTR OF SE QTR STR 26-22-05)

Legal Description:

EXPIRATION: This permit shall not be valid for more than 1 Year and expires on the day of April, 2021.

Administrative Fee (New or Renewal) $500.00 Bond/Insurance Amount $1,000,000.00

PERMITTEE MUST NOTIFY PARKS PROPERTY DNRP - PARKS AT: 206-477-9770 AT LEAST 72 HOURS PRIOR TO PERFORMING ANY WORK AND IMMEDIATELY UPON COMPLETION

Issued By: Phone: Aaron Halley 206-477-9366

By this permit King County authorizes the use of the above described property:

Custodial Approval: Date:

Real Estate Services Approval: Date:

The Permittee agrees to comply with the terms and conditions contained herein.

SEE REVERSE SIDE FOR TERMS AND CONDITONS.

Signature of Permittee: Date:

NOTE: Permit not valid without all necessary signatures and expiration date. King County Code 14.30

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ATTACHMENT 5

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PERMIT REVOCATION - This Permit is revocable at any time by King County. The right to revoke is expressly reserved to King County. 01.

INDEMNITY AND HOLD HARMLESS - The Permittee agrees to indemnify and hold harmless King County as provided herein to the maximum extent possible under law. Accordingly, the Permittee agrees for itself, its successors and assigns to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments including costs of defense thereof for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to Permittee's exercise of rights and privileges granted by this Permit. The Permittee's obligation under this section shall include a) Indemnification for such claims whether or not they arise from the sole negligence of either the County or the Permittee, the concurrent negligence of both parties, or the negligence of one or more third parties. b) The duty to promptly accept tender of defense and provide defense to the County at the Permittee's own expense. c) Indemnification of claims made by the Permittee's own employees or agents. d) Waiver of the Permittee's immunity under the industrial insurance provisions of Title 51 RCW, which waiver has been mutually negotiated by the parties.

In the event it is necessary for the County to incur attorney's fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses, and costs shall be recoverable from the Permittee.

In the event it is determined that RCW 4.24.115 applies to this agreement, the Permittee agrees to defend, hold harmless, and indemnify King County to the maximum extent permitted thereunder, and specifically for its negligence concurrent with that of King County to the full extent of Permittee's negligence. Permittee agrees to defend, indemnify, and hold harmless the County for claims by Permittee's employees and agrees to waiver of its immunity under Title 51 RCW, which waiver has been mutually negotiated by the parties.

02.

ANTI-DISCRIMINATION - In all hiring or employment made possible or resulting from this Permit, there shall be no discrimination against any employee or applicant for employment because of race, color, ancestry, religion, national origin, age, sex, sexual orientation, marital status, or the presence of any sensory, mental or physical handicap in an otherwise qualified handicapped person unless based upon a bona fide occupational qualification, and this requirement shall apply to but not be limited to the following employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. No person shall be denied, or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Permit on the grounds of race, color, ancestry, religion, national origin, age (except minimum age and retirement provisions), sex, sexual orientation, marital status, parental status, the presence of any sensory, mental or physical handicap, or the use of a trained guide-dog by a blind or deaf person. Any violation of this provision shall be considered a violation of a material provision of this Permit and shall be grounds for cancellation, termination or suspension in whole or in part of the Permit by the County, and may result in ineligibility for further County permits.

03.

NON-EXCLUSIVE RIGHT - This Permit shall not be deemed or construed to be an exclusive right. It does not prohibit the County from granting any other permits to other public or private entities, nor shall it prevent the County from using any public place for any and all public use or affect its jurisdiction over any part of them.

04.

ASSESSMENTS - Permittee shall be required to pay any general or special assessments incurred by King County which are directly attributable to or arising from any actions, occupancy, or usage authorized herein. 05.

TERMINATION - The Permittee may terminate the Permit by written notice to the Manager of Real Estate Services Section. Upon revocation, termination, or abandonment, the Permittee shall remove at his expense all facilities placed on said property by the Permittee, and restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities, or to a condition which is satisfactory to the County. If the Permittee has not accomplished removal and restoration at the end of a ninety-day period following the effective date of revocation, termination, expiration, or abandonment, the County may accomplish all of the necessary work and charge all of the costs to the Permittee.

06.

RESTORATION - After completion of work authorized by this Permit, the Permittee shall restore the property to a condition which is equivalent in all respects to the condition of the property prior to starting work, or a condition satisfactory to King County. If the Permittee delays the restoration beyond expiration of the Permit, the County may accomplish all the necessary work and charge all the costs to the Permittee.

07.

REPAIRING DAMAGE BY PERMITTEE - In the event that damage of any kind is caused by the Permittee in the course of performing work authorized by this Permit, Permittee will repair said damage at its sole cost and expense. Repair work shall begin without delay and continue without interruption until completed. If damage is extensive, the time allowed for repair will be prescribed by the County agent. If the County determines it is necessary, the County may accomplish the work and charge all the costs to the Permittee.

08.

ABATEMENT OF UNSAFE CONDITIONS - The County representative may at any time, do, order, or have done all work considered necessary to restore to a safe condition any area described in Permit left by the Permittee in a condition dangerous to life or property. The Permittee shall pay, upon demand, to the County all costs of such work, materials, etc. Nothing in this section shall relieve the Permittee of duties under Terms and Conditions No. 2 above.

09.

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RIGHTS RESERVED TO COUNTY - CONFORMANCE AND PAYMENT OF COST REQUIRED - The County reserves the right to use, occupy, and enjoy its property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving repairing or altering the property. The Permittee, upon written notice, will at its own cost and expense remove, repair, relocate, change or reconstruct its installations to conform with the plans of work contemplated or ordered by the County according to a time schedule contained in the written notice.

10.

NOTICE - Permittee agrees to obtain information from other utility operators regarding the location and current status of their installations before starting work. Property owners adjoining, or in proximity to, the project as described herein shall be notified by Permittee when such property is exposed to the possibility of injury or damage through performance of work on the project authorized by this Permit. Permittee shall make all advance arrangements necessary to protect such property or utility from injury or damage.

11.

OTHER APPLICABLE LAWS - Issuance of this Permit does not in any way relieve the Permittee from complying with any other applicable laws in performing the work subject to this Permit. 12.

RE-ENTRY - After completion of work authorized by this Permit, if the Permittee desires to re-enter upon the property described herein for any reconstruction, notice shall be provided in advance to King County together with the plans and specifications for the work proposed, and shall not be permitted without the County's consent.

13.

TITLE - This Permit grants only the right to use King County's interest in the herein described property, and the granting of this Permit is not a warranty that good title to any specific property is vested in King County. 14.

15 SPECIAL TERMS AND CONDITIONS:

PROJECT SCOPE. All use of King County’s Soos Creek Park and Trail, parcels 2622059199 and 3522059210 is limited to exploratory investigations to identify wetland boundaries and conduct surveys to inform future planning efforts, as described in the 2/19/2020 application.

a.

SCOPE CHANGES. The Permittee may make no improvements or alterations to the corridor except as specifically authorized in this permit. Any additional use of the corridor must be approved in writing by King County in its sole and absolute discretion and subject to such terms and conditions as King County may impose. If granted, such approval shall be made an amendment to this Permit.

b.

PERMITS BY OTHERS. The Permittee will be responsible to secure and provide proof of all necessary permits prior to starting any construction on the corridor as authorized by this permit. The Permittee shall notify Parks in advance of any Pre-Application meetings scheduled with permitting agencies.

c.

CULTURAL RESOURCES. As soon as possible, the Permittee will consult with the King County Historic Preservation Program's Archaeologist, Philippe LeTourneau, at 206-477-4529 or philippe.letourneau@kingcounty.gov, to determine the need for cultural resources investigations prior to ANY ground disturbing activity on King County property. The Permittee shall be required to comply with any recommendations made by the Archaeologist, which may include, a cultural resource study and/or archaeological monitoring of construction conducted by a qualified, County-approved, professional archaeologist at the permittee’s expense. The King County Archaeologist will also advise on tribal coordination, if required. The professional archaeologist selected to complete any needed fieldwork will notify the King County Archaeologist as soon as their fieldwork is scheduled. In addition, the applicant shall make a copy of the provided King County Parks inadvertent discovery plan (IDP) available to the construction contractor prior to the start of ground disturbance. The IDP will be kept on site during all construction on King County property. The Permittee shall make a copy of the provided King County Parks inadvertent discovery plan (IDP) available to the construction contractor prior to the start of ground disturbance. The IDP will reviewed with the field staff at the start of ground disturbing work and will be kept on site during construction on King County property.

d.

RESTORATION. This permit does not authorize any construction on the corridor. Following expletory and surveying the permittee shall restore King County Parks land to original or better condition. The Permittee shall not dump or dispose of construction debris and surplus material on King County land at any time.

e.

SAFETY. If, at any time, the Permittee’s authorized use of, or improvement, alteration or construction on the corridor creates a condition which could pose a danger to park users, the Permittee shall promptly post temporary signage, install Parks-approved barricades or fencing, and take other Parks–approved or -required measures to facilitate continued safe public use of the corridor. In case of emergency the Permittee shall call 911 and then promptly notify Richelle Rose, Property Agent, at 206-477-4815.

f.

FUTURE DEVELOPMENT. The Permittee understands that future trail and other development may affect or alter the nature or scope of the permitted use and that the Permittee will be required to remove or relocate improvements at its sole cost and expense if so directed by King County.

g.

FUTURE DEVELOPMENT. The Permittee understands that future trail and other development may affect or alter the nature or scope of the permitted use and that the Permittee will be required to remove or relocate improvements at its sole cost and expense if so directed by King County.

h.

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15i. INSURANCE:

1. Minimum Scope and Limits of Insurance - Minimum Scope and Limits of Insurance Coverage shall be at least as broad as: General Liability: Insurance Services Office form number CG 0001 (Ed. 11-88) covering COMMERCIAL GENERAL LIABILITY. The permittee shall maintain limits no less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. AUTOMOBILE LIABILITY: Insurance Services Office form number (CA 00 01 Ed. 12-90 or its equivalent) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto", or the combination of symbols 2, 8 and 9. Limits shall be no less than $1,000,000. Combined Single Limit Bodily Injury and Property Damage. WORKERS COMPENSATION: Workers Compensation coverage, as required by the Industrial Insurance Act of the State of Washington; EMPLOYERS LIABILITY or "Stop-Gap": The protection by the Workers Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop-Gap" endorsement to the General Liability policy. Limits shall be no less than $1,000,000.

2. Deductibles and Self-Insured Retentions - The deductible and/or self-insured retention of the policies shall not limit or apply to the permittee's liability to the County and shall be the sole responsibility of the permittee.

3. Other Insurance Provisions - The insurance policies required in this permit are to contain, or be endorsed to contain the following provisions a. All Liability policies except Workers Compensation: 1. The County, its officers, officials, employees and agents are to be covered as insured as respects liability arising out of activities performed by or on behalf of the permittee in connection with this permit. 2. Insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and agents. Any insurance and/or self-insurance maintained by the County, its officers, officials, employees or agents should not contribute with the permittee's insurance or benefit the permittee in any way. 3. The permittee's insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. b. All Policies: Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits prior to the expiration date of this special use permit, unless forty-five (45) days prior notice, return receipt requested, has been given to the County.

4. Acceptability of Insurers - Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests', with minimum surpluses the equivalent of Bests' surplus size VIII.

5. Verification of Coverage - The permittee shall furnish the King County Real Property Division with certificates of insurance and endorsements required by this permit. The County reserves the right to require complete, certified copies of all required insurance policies at any time.

6. Municipal or State Agency Provision - If the Permittee is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section.

7. Insurance - By the date of issuance of this permit, the permittee shall procure and maintain, for the duration of this permit, insurance or coverage against claims for injuries to persons or damages to property which may arise from and in connection with the rights and privileges granted by this permit and/or the performance of work hereunder by the permittee, his agents, representatives, employees and/or subcontractors. By requiring such minimum insurance coverage, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this contract. The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement. For All Coverage's: The cost of such insurance shall be paid by the permittee. Each insurance policy shall be written on an "Occurrence Form."

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Consent Agenda Item C-4 Covington City Council Meeting

Date: May 12, 2020 SUBJECT: AUTHORIZE CITY MANAGER TO EXECUTE A DECLARATION OF

RESTRICTIVE COVENANTS FOR SOCO PARK PARCEL 362205-9035 PURSUANT TO GRANT FUNDING SOURCE

RECOMMENDED BY: Ethan Newton, Parks and Recreation Director ATTACHMENT(S):

1. Declaration of Restrictive Covenants PREPARED BY: Ethan Newton, Parks and Recreation Director EXPLANATION: The city has an interlocal agreement with King County that allows Conservation Futures Tax Levy (CFT) funds be allocated towards suitable open space acquisition projects in the city. $808,979 of CFT funding has been approved and used to purchase parcels #2 and #3 at SoCo Park. A condition of using these funds to purchase a property is to record a declaration of restrictive covenants on said property, subject to open space use restrictions and restrictions on alienation as specified in RCW 84.34.200, et seq., and King County Code 26.12.005, et seq. In this instance, parcel 362205-9035 will be the property receiving the recording declaration of restrictive covenants. (Please note that this agenda item is being brought to the city council in compliance with Governor issued Proclamation 20-28 pertaining to temporary rules regarding open public meetings. This agenda item is considered “necessary and routine,” as it is a requirement to receive grant reimbursement funds necessary for city cashflow and is a standard and routine action taken by the city council.) ALTERNATIVES: None FISCAL IMPACT: None CITY COUNCIL ACTION: Ordinance Resolution X Motion Other

Having found that this action is necessary and routine, Council member _______________ moves, Council member ______________ seconds, to authorize the City Manager to execute a Declaration of Restrictive Covenants for SoCo Park parcel 362205-9035 in substantial form as presented.

REVIEWED BY: Finance Director, City Attorney, City Manager

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Upon recording return to: Ingrid Lundin Conservation Futures Program King County Department of Natural Resources & Parks 201 S. Jackson Street, Suite 600 Seattle, WA 98104

Grantor: City of Covington, a Political Subdivision of the State of Washington

Grantee: King County, a Political Subdivision of the State of Washington

Abbreviated Legal Description: Ptn of the SW 1/4 of the NE 1/4 and SE 1/4 of the NW 1/4, Section 36, T.22N., R.5E., W.M.

Assessor’s Parcel Nos.: 362205-9035

Declaration of Restrictive Covenants

City of Covington, a Political Subdivision of the State of Washington, is the owner of a real estate located in King County, State of Washington more particularly described in Exhibit A attached hereto and made part hereof (the “Property”).

The purpose of this instrument is to place of record those certain Restrictive Covenants, which pursuant to certain grant funding sources made available to City of Covington to acquire said Property require that the property be restricted to uses in accordance with the funds used to purchase said property. Said Restrictive Covenants should have been included in that deed recorded under recording No. 20200331000562 between Toby Wenham, Kathy Jewell, Lori Fleck and Vicki Wenham, and City of Covington (Grantee).

Therefore the Property is hereby subject to the following Restrictive Covenants:

The property herein conveyed was purchased with King County Conservation Futures Tax Levy funds and is subject to open space use restrictions and restrictions on alienation as specified in RCW §84.34.200, et seq., and King County Code §26.12.005, et seq.

In witness whereof City of Covington has set its hand and seal this ____ day of ___________________, 20__.

City of Covington

ATTACHMENT 1

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a Political Subdivision of the State of Washington By: _____________________________

Title: ____________________________ STATE OF WASHINGTON ) )SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that ___________________ is the person who appeared before me, and said person acknowledged that __he signed this instrument, on oath stated that __he is authorized to execute the instrument and acknowledged it as the __________________________________________ of City of Covington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: _____________________

______________________________ ______________________________ Printed name Notary Public in and for the State of Washington Residing at __________________ My appointment expires _______

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Exhibit A

Legal Description That portion of the Southwest quarter of the Northeast quarter and the Southeast quarter of the Northwest quarter of Section 36, Township 22 North, Range 5 East, Willamette Meridian, in King County, Washington, described as follows: Beginning at a point in the center line of County Road No. 962, which point is 1253.4 feet Southwesterly from the intersection of said center line with the East and West center line of the Northwest quarter of the Northeast quarter of said Section 36; Thence Southeasterly at right angles to said road centerline, 400 feet; Thence Southwesterly parallel with said road centerline, 400 feet; Thence Northwesterly at right angles to said road centerline, 400 feet; Thence Northeasterly along said road centerline 400 feet to the point of beginning; Except County Road No. 962; Except the Northeasterly 100 feet; Except the Southwesterly 135 feet.

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Covington City Council Meeting

Date: May 12, 2020

DISCUSSION OF

FUTURE AGENDA TOPICS:

7:00 p.m., Tuesday, May 26, 2020, Regular Meeting

(Draft Agenda Attached)

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CITY COUNCIL REGULAR MEETING AGENDA

www.covingtonwa.gov

Tuesday, May 26, 2020 Virtually/Telephonically 7:00 p.m. via Zoom Platform

This City Council meeting will be held telephonically and virtually to comply with Governor Inslee’s Proclamation 20-28 (as amended and extended), which, among other things, suspended various requirements under the Open Public Meetings Act, Chapter 42.30 RCW, and prohibited public agencies from conducting meetings in person through May 31, 2020. All items on the agenda are either (1) necessary and routine; or (2) necessary to respond to the COVID-19 outbreak and current public health emergency. This City Council meeting will be held telephonically and virtually as follows: Join by computer: https://us02web.zoom.us/j/82336071221 Or telephone: 253-215-8782 Webinar ID: 823 3607 1221 CALL CITY COUNCIL REGULAR MEETING TO ORDER ROLL CALL/PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA PUBLIC COMMENT Speakers will state their name, address, and organization. Comments are directed to the City Council, not the audience or staff. Comments are not intended for conversation or debate and are limited to no more than four minutes per speaker. Speakers may request additional time on a future agenda as time allows. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. APPROVE CONSENT AGENDA C-1. Vouchers (Parker) C-2. Appoint Voting Delegates for Association of Washington Cities 2020 Annual Business Meeting

(Council) C-3. Consider Resolution to Seek Parks Grant Funding for Jenkins Creek Park Project through the

Recreation and Conservation Office (Keough) C-4. Authorize City Manager to Execute a Wetland Notice Acknowledging Wetland and Wetland

Mitigation Restrictions at Covington Community Park (Newton) C-5. Authorize City Manager to Execute a Deed of Right to Use the SoCo Park Parcel No. 362205-9035

for Public Outdoor Recreation (Newton)

PUBLIC HEARING 1. Receive Public Testimony on Proposed 2021-2026 Transportation Improvement Program

(Lindskov)

Draft as of 5/6/2020

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NEW BUSINESS 2. 2020 First Quarter Financial Report (Parker) FUTURE AGENDA ITEMS COUNCIL/STAFF COMMENTS PUBLIC COMMENT See Guidelines on Public Comments above in First Public Comment Section EXECUTIVE SESSION – if needed

ADJOURN

Americans with Disabilities Act – reasonable accommodations provided upon request at least 24 hours in advance (253-480-2400).

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