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Home My WebLink AboutPW1998-0309 - Original - Pacific Industries, Inc. - Pacific Terrace Project Indemnification and Release - 02/12/1998 op� AGREEMEN'T INDEMNIFICATION AND RELEASE THIS AGREEMENT, INDEMNIFICATION AND RELEASE is entered into between the City of Kent, a Washington Municipal corporation ("City"), and Pacific Industries, Inc., ("Developer"), located and doing business at P.O. Box C96005, 12410 S.1". 32nd Street, 13cllevue, Washington, 98009. Recitals WHEREAS, Developer has submitted for approval a subdivision application, the "Pacific Terrace" subdivision, to subdivide certain real property for development as parcels for single family housing; and WHEREAS, the City Council approved the Pacific Terrace subdivision with conditions; and WHEREAS, certain conditions of approval of this subdivision required Developer to make offsite improvements to the regional storm drainage system downstream from the Pacific Terrace development site; and WHEREAS,after considerable effort,Developer was unable to obtain authorization from Mr. John Loo,the owner of an adjacent property, which is more particularly described in Exhibit A (the "Offsite Property"),to make the downstream storm drainage improvements designated for the Offsite Property; and WHEREAS, it appears that the completion of all construction on the Pacific "Terrace subdivision will not alter the natural drainway for surface waters and will not cause more than an incidental increase in the total quantity of downstream stormwater flows from the Pacific Terrace site onto the Offsite Property; and WHEREAS, the City is willing to issue building permits for the Pacific Terrace subdivision so long as the Developer takes the following action: (1) complete all conditions of subdivision approval not related to storm drainage; and (2) complete all onsite storm drainage conditions; and (3) complete all offsite storm drainage conditions that Developer has either the permission or authority to construct; and (4) post sufficient security in the form of cash, a cashier's check, or an assignment of funds, for a period of' at least six years, in an amount sufficient to fulfill the conditions relating to construction of storm drainage improvements on the Offsite Property that cannot be completed at the time of issuance of building permits for the Pacific "Terrace subdivision; and (5) release, covenant not to sue, defend, indemnify and hold the City harmless from any claims made against the City for damages arising from or connected with the SINGII/PACIFIC TERRACE,RELEASE&SI?C 1111TV AGRF,1?NIENr--1'age 1 of 5 cad, construction and completion of Pacific -Terrace subdivision to the extent those claims involve damages arising from or connected with storm drainage impacts to the Offsite Property from the Pacific Terrace subdivision site. NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, which the Developer acknowledges to be good and valuable consideration, the City and Developer agree as follows: Agreement 1. Recitals Incorporated. The foregoing Recitals are incorporated into this agreement. 2. City's Obligations. Having been shown, to the City's satisfaction, that the Developer has employed its best efforts to obtain, but has been unable to obtain, the necessary permission or authorization to complete the storm drainage improvements to the Offsite Property, and it appearing that, after completion of all construction, the planned improvements for the Pacific Terrace subdivision will not alter the natural drainway for surface waters and will not cause more than an incidental increase in the total quantity of stormwater flows downstream from the Pacific Terrace site, the City will issue building permits for the Pacific Terrace subdivision so long as the Developer takes the following action: (1) complete all conditions of subdivision approval not related to storm drainage; and (2) complete all onsite storm drainage conditions, and (3) complete all offsite storm drainage conditions that Developer has either the permission or authority to construct; and (4) post sufficient security in the form of cash, a cashier's check, or an assignment of funds, for a period of at least six years, in an amount sufficient to complete the remaining storm drainage improvements on the Offsite Property that cannot be completed at the time of issuance of building permits for the Pacific "Terrace subdivision; and (5) release, covenant not to sue, defend, indemnify and hold the City harmless from any claims made against the City for damages to the Offsite Property arising from or connected with the construction and completion of Pacific Terrace subdivision, but only to the extent those claims involve stormwater impacts downstream of the Pacific Terrace subdivision site. 2. Release. Developer, on behalf of himself, his marital community, heirs, executors, administrators, successors and assigns,fully and forever releases and discharges the City, and its officers, officials, directors, employees, agents, successors and assigns from all claims, demands, damages or causes of action, known or unknown, relating to the Offsite Property that arise from or are connected with the stormwater impacts caused by construction of the Pacific Terrace subdivision development project. SINGII/PACIFIC TF,RRACE RELEASE&SECURITY AGREEMENT- Page 2 of 5 Further, Developer understands that this is a full and final release, and full compromise and settlement of all claims of every nature and kind, known or unknown, suspected or unsuspected, involving the parties to this agreement arising from or connected with storm drainage impacts to the Offsite Property caused by the Developer's construction of the Pacific Terrace subdivision project. The parties further agree that this is not an admission of liability on the part of the settling parties, but rather a compromise, the express purpose of which is to preclude any additional claims and to avoid the uncertainties of claim disputes and litigation. 3. Covenant Not to Sue. Developer covenants that Developer will never, by reason of any event, matter or cause, institute, prosecute, or in any way aid in the prosecution of any claim for damages, contribution, negligence, or any claim of any kind brought against the City or Developer arising from or connected with the rights, promises and obligations created in this agreement or with downstream storm drainage impacts to the Offsite Property. 4. Indemnification and Hold Harmless. Developer will defend, indemnify and hold the City, its officers, officials, employees, agents, successors and assigns harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of' or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. The City must first provide Developer with reasonable notice of such claim, injury, damage, loss or suit before Developer's duty to defend, indemnify and hold the City harmless under this Section 4 can arise. In the event Developer defends the City under this Section 4, the City will cooperate with that defense and will, at no cost to developer, provide and make available to Developer such information and witnesses as may be in the City's possession, control or employ. - 5. Security. Developer will, prior to obtaining final building permits, provide the City s t>< Tj"o u6AA.11> 5;6VE5A1 Ny,4omgO S I,I(-T y r'i✓G dollars ($ 6. 7& ) I y�1� in the form of cash a cashier's check or an assignment of funds in a form acceptable to the l g ( p City) as security for the purpose of completing certain storm drainage improvements, as described in Exhibit B, to the WNW Property. The City will hold this amount for up to six years from the effective date of this agreement. If at any time permission or authorization is granted to enter the Offsite Property for the purpose of completing the storm drainage improvements described in Exhibit B, the City will have the absolute right, without notice to Developer,to use Developer's set aside funds to complete those improvements. If the cost to complete these improvements is less than the set aside amount, the difference will be returned to the Developer; if the cost to complete these improvements is greater than the set aside amount, the City will pay the difference. If the City does not obtain permission or authorization to conduct the work on the Offsite Property prior to the expiration of the six- year time period, this obligation will cease and the Developer's security will be returned to SINGIUPACIF IC TERRACE RELEASE&SI?Cl!RI"1'1'AGRIsEn7ENr--1'agc 3 of S Developer. Claims arising from the completion by the City of the storm drainage improvements shall be excluded from Developer's indemnity under Section 4. 6. Jurisdiction and Venue. This agreement will be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Developer under any of the provisions of this agreement, resolution of that dispute will be available only through the jurisdiction, venue and rules of the King County Superior Court, at the Regional Justice Center in Kent, King County, Washington. 7. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this agreement, each party will be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing that claim or lawsuit; however, nothing in this subsection will limit the City's right to indemnification under Section 4 of this agreement. 8. Modification. No waiver, alteration, or modification of any of' the provisions of' this agreement will be binding unless in writing and signed by a duly authorized representative of the City and the Developer. 9. Knowledge and Authority. Developer is executing this agreement after having had an opportunity to consult with an attorney. Developer states that this agreement has been carefully read and is signed as the Developer's free act and deed. 10. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision will not affect the validity of the remaining portion of this agreement and the remainder will remain in lull force and effect. 11. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements will not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement will prevail. SINGII/PACIFIC TERRACE RELEASE&SECURITY AGREEMENT--Page 4(45 THE PARTIES HAVE AGREED TO THIS AGREEMENT when Tully executed, and this agreement will become effective on the last date signed below. THE CITY OF KENT DEVELOPER by Don ickstrom by Bruce Clibborn its Public Works Director its Vice-President DATE: ZI I,- DATE: P:\LAW\F1LES\0268\RELEAS1-.SNG P-7 /�l`j SING11/PACIFIC TERRACE;RELEASE&SECURITY AGREEMENT--Page 5 of 5 ('I.f V ()i.. �.�.. THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. , KING COUNTY, WASHINGTON, LYING 10 . 00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 88043114" WEST, ALONG THE NORTH LINE THEREOF, A DISTANCE OF 588 . 52 FEET; THENCE SOUTH 03*20110" WEST A DISTANCE OF 30. 02 FEET TO THE SOUTH MARGIN OF SOUTHEAST 248th STREET AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 03020110" WEST A DISTANCE OF 107 . 68 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A" ; TOGETHER WITH THAT PORTION LYING 7 .50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "A" ; THENCE SOUTH 88007119" EAST A DISTANCE OF 87 . 90 FEET TO THE EAST LINE OF THE WEST 125 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20 AND TO A POINT HEREINAFTER REFERRED TO AS POINT "B" ; TOGETHER WITH THAT PORTION LYING 5. 00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "B" ; THENCE SOUTH 01-41122" WEST, ALONG THE EAST LINE OF THE WEST 125 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20 , A DISTANCE OF 163 . 10 FEET; THENCE SOUTH 18030152" WEST A DISTANCE OF 16 . 63 FEET; THENCE SOUTH 31044121" EAST A DISTANCE OF 78 . 57 FEET; THENCE SOUTH 01041' 22" WEST A DISTANCE OF 192 . 01 FEET; THENCE SOUTH 32046113" EAST A DISTANCE OF 86 . 76 FEET; THENCE SOUTH 00°21' 10" EAST A DISTANCE OF 3 . 98 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20, DISTANT SOUTH 88053109" EAST 212 . 71 FEET FROM THE SOUTHWEST CORNER THEREOF, AND TO THE TERMINUS OF SAID CENTER LINE; EXTENDING AND/OR SHORTENING THE EXTERIOR MARGINS OF THIS EASEMENT TO INTERSECT EACH OTHER AND TO TERMINATE AT THE SOUTH MARGIN OF SOUTHEAST 248th STREET AND AT THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20 . �aF3 M ExH�I311 `'� 'j dmp, inc. (FORMERLY DALEY ENGINEERING CO.) MBE - DBE DALEY-MORROW-POBLETE, INC. ENGINEERING-PLANNING-SURVEYING 1215 CENTRAL AVE.SO.-STE. 133 KENT,WA 9W32 (206)854-934 FAX(206)854-%63 December 2, 1997 Memo To: Dean Faulkner (FA,),- F--s•t -3 5,57� From: Mel L. Daley, P.E. Re: Pacific Terrace Joe Singh asked that I provide you with a cost for the following items which were originally discussed as part of the Pacific Terrace project relative to the Kent Meadows Apartment complex: -Lowering of Kent Meadows overflow -4 hr. Labor @ $3 5/hr. = $140.00 -Power Saw Rental = $125.00 -Removal of Existing 12" Storm line on 109th and replace with new 18" storm line-16: 0QM -Sawcut A.C. = $200.00 -Excavation and removal of 12" -8 hr,@ $100/hr = $800.00 -Disposal of pipe, A.C., etc. = $250_00 -Install 18" storm line including backfill material - 50 LF ,-t�) $25/LF = $1,250 00 -A.C. patch = $500.00. -Provide and install 18" backtlow valve = $3,50 0.00 The total costs per the above breakdown is therefore S6,765 00 I trust this information is helpful If you have any additional questions or require any further Information, please feel tree to contact me at (253)854-9344 Sincerely APPROVED DMP, Inc. DEC 0 5 1997 Mel L. Daley, P E. CITY QP %ENT 11141 Ih4 OEPAR Iff NY, FUNCTION: ADD GB180 - Parcel Bond Detail Parcel ID: 2022059046 Pcl Addr: 10707 SE 248 ST Aux Info• Txpr: PACIFIC TERRACE Desc: STR-20-22-05 TAXLOT 9Use:W 101 FT OZoning: ORI-7 . 2 Place: 1) Project Name: PACIFIC TERRACE 2)Bond Code: CASH 3) Bond Amount: 0000006765 4) Date Posted: 02/12/1998 5)DaAccept te Date: : 6)Maint Exp Date: 8) Authorization: 9) Bond Number: 10) Contact Name: PACIFIC INDUSTRIES 96005 11) Contact Addr: PO BOX 12) City, ST: BELLEVUE, WA phone#: 425-643-2819 13) Contact Zip: 98166 14) DEMNIFICATION/AND RELEASE 15) Comment: SPECIAL AGREEMENT/IN 16) Cont'd: AGREEMT; 6-YR MAINTENANCE; DUE FOR RELSE 2/12/04 17) Receipt#: 00027199 18) Inspector: JA ENTER FIELD NUMBER TO REDO CASH BOND/DEPOSIT WITH CITY RECEICITY OF KEN PERM T CENTER T DOC #t: 271 q q P Cl C �i C . �� _ S DATE. CT_ Receiv o��_ — lL !1C ID YY MM DD SUB tA'a➢t:N� Mayor Jim White CK# '�---9� -----�`�� AMOUNT FCDEIn I APP PRG ORGN EXPN IREVENUE RE SUBS REFERENCE IDESCRIPTION IND IND INDX OBJT JSOURCE CD ACCT DOCUMENT2210 O1 BUILDING PERMIT COMMERCIAL OD1 �- 1f150 - BUILDING PERMIT RESIDENTIAL 2210 02 001 000 - -1850 _- -__ I BUILDING PLAN CHECK FEE _. 175 DOI O00 1850 4583 00 HAZARDOUS FIRE PERMIT - --- 175 001 .__000 _2342 - _ .___ 2130 00 DEPARTMENT- 175 - 001- 000 2342- 6990 11 LOCKBOX FOR FIRE --- 2210 04 MECHANICAL PERMIT 175 001 --- -000--_ _1850 __-_ - PLUMBING PERMIT 175 001_.__000 _ _1850 221Q 03 _RADON FEE_ 175 __._ 001___ ___� 1850 2290-94 l_ _ - ---- WASHiNGTON STATE SURCHARGE _. - 50 145 001 000 1 1804 5990 00 I 1 CODE VIOLATION FINE 175 001 000. __-_.-__ - I I COMPREHENSIVE PLAN AMEND. I 000 175 001 _. 1810 4581 00 _ -._. 1810 4589 00_. _ �[: ENVIRON.CHECK LIST-(SE- 175 ---- 001--"-000----- -- -- HEARING EXAMINER'Isee bm below) 1804 - --- - 4581 00 t 1 _� 175 DOI_- _000 - �� ; r k88 �rrU, PUB.NOTICE BOARD DEPOSITS � I 165 001 _ �-- - --- PUB.NOTICE BOARD USAGE FEE_ 175 001 000 _1810_-- _.-- 6290 01 4585 01 �' i7/ /_ } SCHOOL IMPACT FEE_ 175_--- __689 _. _-ODO---_1810-_ ----- I 4 1804 4581.00 SHORELINE_MGMT..CONO.USEIVAR. 175 -.. 001 ---000 - - - SHORELINE SUBSTAN.DEV.PERM. , 175 -_ 001..-_ _000 -1810--— - -4581 00_ - _ - 4581 00 SHORT PLATS � 175 DOI 000 1610 ZONING PERMIT?(see e.h bebw) 175 001 000 1910 2240 02 580 CASH BONDIDEPOSII._ - - 165 681-- 000 - _fX100 __ - - - _ _ -E _6 - 1 8810 02 CHARGE IN LIEU-WATER 175 410 000 5550_ ._ _ CHARGE IN LIEU-SEWER 175 _- 440_. 000 5660 8810 02 8610 01 CONNECTION FEE-SEWER � 175 440- !)000 --__5560 _ _ ENGINEERING PLAN CHECK - - 175 001 000 .-- -5523-_ 4583 00 - - - 22d0 03 175 001 GRADE 8 FILL 175 001 000 5523 __- 4320 00 G&F REVIEW,ENG CHGS,INSP.FEE -- - _ .5523- — { - -- K C RIGHT OF WAY PERMIT 850 R 001 322 5523 44 17 S66 LATE COMERS-SEWER/WATER' 160 000 -0000 -_ _ _ -- LMTD.LAND.USE PERMIT 175 001 000 5527 2290 40 - - -- -- - it - - MITIGATION FEE 175 - . - 000 5510--- - 6700 00 I - _ 000---552T 175 001 4320 01 SEGREGATION APPLICATION FEE -- � � _ - SEWER PERMIT 175 440 . 000 -. ._5560 - 2219 SiORM DRAINAGE CONNEC.CHG. 175 440 000 5595 8810 01 STREET CUT PERMIT- - -- 175 001 ._ 000 5510 2240 01 - - ---- - STREET OCCUP._PERMIT _ 175 001 000 5528 2240 04 --- - - - - -- -- - - STREET USE PERMIT_ - 175- _--- _ 001 000 5523_.._. 2240 03 - - - - 9510 Ot I STREET VACATSJSALE OF LAND 175 001 000 5530 - __-- SYSTEM DEVELOPMENT FEE____ - - 175 8300 00 4390 01 TAP FEE-SEWER 175 440 000 5560 ---- - -- -- ---- --- - _. WATER PERMIT.- - -. - -. 175__ __410 000_ 5550_ �._-_ 8810__01 - -- 175 410 000 5550 4390 Ot WATER SAMPLElPURITIE 4150 00 CODES AND MAPS 01__. 00 175 -- 0_- -- I - 175 091 _ 000 _ 4190 01 PHOTOCOPIES - -- VOID _175_- 001___000_- . 1850_ 6981.01_.__-- -- -555 -- UTILITY CLEARING 1 _ - -- 155 -_691_ 000_ 0000 - --- -- BUSINESS LICENSE 2190--01 _ _.. CASH-OVER/SHORT(R) 175 - - 001-- 000 ---1633 6981 01 -- _ -O - - --- 1Hearing Examiner-Annex.Zoning:Appeal of Admin.interpret.;BindingSite Plan;Cond.Use;PUO;Prelim 8 Final Plats:Rezones;H.E.Appeals;&SEPA Appeals:Variances.Combing District. Com.,Ind.,Multi- See Attached Fam.,&Sign;Variances-Single Family.(See fee chart for numerous fee changes.) 2 Zoning Permits-Temp.Use,TI,Sign Permits,Residential,&Tanks [TOTAL 16 1410 Water 440 Sewer PREPARED BY s_,?� rICSlet� 95%S17IAr Whh.copy-CUSTOWn y.11__py.NFyr,INIH Clnk cry�Fll E COPY --