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HomeMy WebLinkAboutFD08-372 - Original - Kent Food Bank and Emergency Services - Permit for Temporary Storage of Food, Racks & Other Related Materials During Remodel - 12/12/2008 M ern Recor sn - � KE T , Document WASHINGTON 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 City Clerk's Office. Vendor Name: Kent Food Bank & City of Kent Vendor Number: JD Edwards Number Contract Number: " ` LL This is assigned by City Clerk's Office Project Name: Permit to Access City Property for temporary storage Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Permit Agreement Contract Effective Date: 12/12/2008 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: ] Schneider Department: Fire Department Detail: (i.e. address, location, parcel number, tax id, etc.): Access hours for Food Bank are 8-5 p.m. bLcontactinq Chief Pat Pawlak S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 • KENT W A S H I N G T O N PERMIT AGREEMENT THIS PERMIT AGREEMENT is entered into between the City of Kent, a Washington municipal corporation ("'City) and Kent Food Bank and Emergency Services, a Washington non-profit corporation ("Kent Food Bank"). 1. Permit and Conditions. City agrees to provide the Kent Food Bank this non- exclusive permit to utilize a portion of the City's property located at 407 North Washington Avenue, Kent, WA 98032 ("Property") for temporary storage of food, storage racks, and other related materials due to the Kent Food Bank's remodel as follows: A. The storage area of the Property is defined as: the four(4) drive-thru bays. B. The Kent Food Bank may access the Property during the hours of 8:00 a.m. - 5:00 p.m. by contacting Division Chief Pat Pawlak. C. This permit is granted to the Kent Food Bank at no charge and is revocable at will. D. The Kent Food Bank shall reasonably carry out the uses allowed within the Property so as not to interfere with the City's use and operation of the Property. E. The Kent Food Bank shall maintain the Property in good condition, shall clean any debris and litter, and shall be responsible for any property damage resulting from its use of the Property. 2. Indemnification. The Kent Food Bank shall defend, indemnify, and hold the City harmless from any and all claims, causes of action, liability, damage, expense (including all legal costs and attorney fees), suits, or judgments for personal injury, property damage, or loss arising from or in any way connected with the operation and use of the property or this Permit Agreement, but only to the extent of the Kent Food Bank's negligence or comparative fault. The provisions of this paragraph shall survive the expiration or termination of this Agreement. 3. Insurance. The Kent Food Bank shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. PERMIT AGREEMENT - 1 4. Modification. This permit may not be modified, altered, or amended unless first approved in writing by the City. 5. Breach. In the event of any alleged breach or threatened breach of this Permit Agreement by either party, and if City and the Kent Food Bank are unable to cure the breach or otherwise resolve their dispute, then final resolution of the dispute or claim shall occur solely under the jurisdiction and venue of the King County Superior Court, and each party shall be responsible for its own legal costs and attorney fees incurred in defending or bringing that claim or lawsuit. 6. Entire Agreement. This Permit Agreement document contains the entire agreement between the parties and, in executing it, City and the Kent Food Bank do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. 7. Notices. All notices, requests, demands, or other communications provided for herein shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, addressed, as the case may be, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Attn: Jim Schneider, Fire Chief City of Kent 220 Fourth Avenue South Kent, WA 98032 Attn: Jeniece Choate Kent Food Bank 515 West Harrison Street Kent, WA 98032 8. Counterparts. This permit may be executed in two or more counterparts, any of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, this Permit Agreement is executed and shall become effective as of the last date signed below. The City of Kent Kent Food Bank & Emergency Services Print Name: Jim Schneider Print Name: Jeniece Choate Its: Fire Chief Its: Executive Director Date: t Date: ID 0 (06Y PERMIT AGREEMENT - 2 KentFBES5 Non Profit Insurance Program T F �✓f1T�"Q:F.`�Nv7U �V� " ; .tSSUE�DATE: 03-DEC2008; THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PROCiLtCER ., COMPANIES'AFFORD'1NG"COVERAO&: PUBLIC RISK UNDERWRITERS OF THE NORTHWEST,INC. GENERAL LIABILITY 451 DIAMOND DRIVE AAIC/Munich Reinsurance America EPHRATA,WA 98823 AUTOMOBILE LIABILITY PHONE(509)754-2027 FAX(509)754-3406 AAIC/Munich Reinsurance America a INSIiRE PROPERTY Kent Food Bank& Emergency Services AAIC/Munich Reinsurance America 515 West Harrison, Suite 107 Kent, WA 98032 MISC.PROFESSIONAL LIABILITY COVERAGES' — ' 3_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "I'1JPE OF IN POLICY NUMBER i POLICY EFF POLICY I XP DESCRIPTION LIMITS DATE ; DATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY N1-A2-RL-0000013-00 06/01/2008 06/01/2009 PER OCCURRENCE $5,000,000 OCCURRENCE FORM PER MEMBER AGGREGATE $10,000,000 INCLUDES STOP GAP PRODUCT-COMP/OP $5,000,000 PERSONAL&ADV.INJURY $5,000,000 (LIABILITY IS SUBJECT TO A$25,000 SIR PAYABLE FROM POOL FUNDS) ANNUAL POOL AGGREGATE $40,000,000 AUTOMOBILE LIABILITY ANY AUTO N1-A2-RL-0000013-00 06/01/2008 06/01/2009 COMBINED SINGLE LIMIT $5,000,000 (LIABILITY IS SUBJECT TO A$25,000 SIR PAYABLE FROM POOL FUNDS) ANNUAL POOL AGGREGATE NONE PROPERTY N1-A2-RL-0000013-0006/01/2008 06/01/2009 ALL RISK PER OCC EXCL EQ&FL $25,000,000 EARTHQUAKE PER OCC EXCLUDED FLOOD PER OCC EXCLUDED (PROPERTY IS SUBJECT TO A$25,000 SIR PAYABLE FROM POOL FUNDS) ANNUAL POOL AGGREGATE NONE MISC.PROFESSIONAL LIABILITY 06/01/2008 06/01/2009 PER CLAIM (LIABILITY IS SUBJECT TO A$ SIR PAYABLE FROM POOL FUNDS) ANNUAL POOL AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Evidence of Insurance regarding the temporary use of storage space at 407 N Washington Ave, Kent,WA. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO LIABILITY OR OBLIGATION OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. CEFiTIF1CATE HO LDER"" `` At7fiHO1iED:iFiPRESE�1TgTIU " City of Kent 220 4th Ave S Kent, WA 98032 2240087