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HomeMy WebLinkAboutCAG2003-0493 - Original - Gabriel Cordi - Service Club Ballfield Entry, Inspection, Testing and/or Survey - 03/03/2003 OT Records Management WASHINGTON KEN Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: Contract Number: This is assigned by Mary Simmons Vendor Number: N��J Project Name: Contract Effective Date: 3 >/oD 3 Contract Termination Date: Contract Renewal Notice (Days)- 30 AK- Number of days required notice for rttter�minatio or renewal or amendment Contract Manager: Department: /"GAT. -4 - Abstra t: t elm%/ et ADCL7832 07/02 ENTRY AND TESTING AGREEMENT 4 THIS AG MENT ("Agreement") 1 s in ade a nd e ntered 1 nto a s o f t he 3 - day of 2003, by and between GABRIEL CORDI, a individual ("Owner") and City of Kent, a Washington municipal corporation ("City"), concerning the following described property owned by Owner ("Property") 28424 144TH AVE SE, APN# 3422059020 . A In order for the city to determine the viability and feasibility of the neighboring parcel to the south as a city park, it is necessary for the employees, agents or independent contractors of the city to enter upon and inspect the Property and/or perform a topographic survey on the South West corner of the property to insure positive drainage and existing grades meet proposed grades for the project B Owner and the City desire to provide for the entry upon, inspection and/or testing activities, and applications c onceming the Property pursuant to the terns contained in this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants, undertakings, and other consideration set forth in this Agreement, Owner and the City as follows: 1 Consent. Owner consents and agrees that the City, its employees, agents and independent contractors ("Authorized Parties") may enter upon the Property to conduct and perform some or all of the following activities ("Permitted Activities"): topographic surveys, boundary surveys, and such other tests and inspections of the Property which the City may deem necessary or advisable. The City agrees to be responsible for any and all costs related to the Permitted Activities, including installation and operation and removal of equipment on the Property 2 Access. 0 wner agrees that the Authorized Parties may enter upon the Property to perform the Permitted Activities upon execution of this Agreement and may have access to the Property for up to thirty(30) days 3 Removal of Property. The City agrees that it will, upon the conclusion of the term of this Agreement, remove any equipment installed on the Property as a part of the Permitted Activities, repair any damage to the Property that might have been caused in connection with any of the Permitted Activities, and will return the Property to the condition it was in before the City's entry onto the Property In the event any equipment installed on the Property by the City is not timely removed, Owner will have the right to remove such equipment and the City agrees to be responsible for the reasonable costs of such removal 4 Indemnity. The City agrees to indemnify, save harmless, and defend Owner, its directors, officers, employees, and property management agent, if any, from ENTRY AND TESTING AGREEMENT—Page 1 of 2 (between City of Kent and Gabriel Cordc) (February 25, 2003) and against any and all claims, actions, damages, liability and expenses in connection with personal injury and/or damage to property ansing from or out of any occurrence in, upon or at the Property caused by the act or omission of the Authorized Parties in conducting the Permitted Activities Any defense conducted by the City of any such claims, actions, damages, liability and expense will be conducted by attorneys chosen by the City, and the City will be liable for the payment of any and all court costs, expenses of litigation,reasonable attorneys' fees and any judgment that maybe entered therein IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF KENT OWNER: a Washington munrcr al corporation BY Print am 1r^ Print Name Gabriel Cordr Title. * Date: Date: 3 1► P\0rvd\PILES\0MFdm\0105 2003Tordt-TesongAgmement doe ENTRY AND TESTING AGREEMENT—Page 2 of 2 (between City of Kent and Gabriel Cordi) (February 25, 2003)