HomeMy WebLinkAboutEC12-136 - Original - West Pac Parkland 1, LLC - Forest Ridge Court: 13 Lot Subdivision - 04/24/2012 Records Mana-g- ement,
KENT - Document
WASHINGTON _
Fig Ixo3g
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 Clerks Office.
Vendor Name: West Pac Parkland 1 LLC (West Pac) Vendor Number:
JD Edwards Number
Contract Number: CC J a
This Is assigned by Deputy City Clerk
4
Description: 13 lot subdivision known as Forest Ridge Court
Detail:
Project Name: West Pac
Contract Effective Date: 4/24/12 Termination Date �J
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Brennan Taylor Department: ECD
Abstract:
S Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02
AGREEMENT
This is an Agreement between West Pac Parkland 1, LLC ("West Pac"). its successors
and assigns, and the City of Kent, a Washington Municipal Corporation ("City").
Recitals
A. West Pac purchased a 13 lot subdivision known as Forest Ridge Court in Kent,
Washington, which is legally described and incorporated as Exhibit A (the
"Subdivision"). The Kent City Council gave final plat approval to Forest Ridge Court
subdivision on April 23, 2007.
B. The original developer of the Subdivision, Darnell, LLC, sold it to a developer
who did not complete the plat, including finalization of certain punchlist corrections and
completion of the approved wetland mitigation plan.
C. West Pac has applied for building permits for lots 7-13 in the Subdivision;
however, the City hearing examiner's final decision on the plat requires that all
Subdivision improvements, including wetland improvements, be complete before any
building permits are issued. The obligation to complete the wetland mitigation plan as
well as requiring a three-year wetland monitoring period remain in effect. The obligation
to post a one-year maintenance bond also remains in effect. Travelers Casualty and
Surety Company issued a plat bond and a wetland performance bond to Darnell, LLC,
which the parties understand are still in effect and are sufficient in amount to compensate
the city if punchlist items or wetland construction are not completed according to
approved Subdivision specifications, including, without limitation, the wetland mitigation
plan and if the wetland is not properly maintained during the three-year monitoring
period.
D. The parties disagree as to the city's obligation to issue building permits before the
wetland plan is complete and accepted by the city. The purpose of this Agreement is to
settle the dispute between West Pac and the City.
NOW, therefore in exchange for mutual promises and consideration recited above and for
other good and valuable consideration, receipt of which the parties acknowledge, the
parties agree as follows:
1. The wetland mitigation work described with particularity in Exhibit B to this
Agreement, which is incorporated by this reference, will be completed no later than May
30, 2012.
1
2. When the wetland mitigation work is complete, West Pac will notify the City, and
the City will inspect that work promptly. The City will not unreasonably withhold
acceptance of the wetland mitigation work
3. Should the City decline to accept the wetland mitigation work, it must notify West
Pac promptly of that determination and specify the reasons why the wetland work was
not acceptable. The wetland work shall be deemed to be acceptable if the work specified
in the approved wetland plan and in Exhibit B is completed. Exhibit B is the complete
list of wetland mitigation work.
4. West Pac shall also complete the punchlist items listed in the attached and
incorporated Exhibit C no later than April 30, 2012.
5. When the punchlist work is complete, West Pac will notify the City, and the City
will inspect that work promptly. The City will not unreasonably withhold acceptance of
the punchlist work.
6. Should the City decline to accept the punchlist work, it must notify West Pac
promptly of that determination and specify the reasons why the punchlist work was not
acceptable The punchlist work shall be deemed to be acceptable if the work specified in
Exhibit C is completed Exhibit C is the complete list of punchlist work
7. The City shall issue building permits for lots 7-13, in Forest Ridge Court, when
this Agreement is signed. It is the intention of the parties that this Agreement will be
signed no later than Tuesday, April 24, 2012.
8. West Pac will monitor the wetland plantings and wetland hydrology for a three-
year period commencing after the city approves the wetland mitigation plan work
pursuant to the conditions required in the approved plat and hearing examiner decision.
As further required by the hearing examiner's decision, West Pac will form a
homeowners' association (HOA). and the HOA's covenants and restrictions governing
the Subdivision will include the following provision:
The Homeowner's Association will maintain the tract A, the wetland tract
and ensure that the wetland remains viable and wetland plantings survive.
It shall replace any wetland plants that do not survive. Such plants will be
identified through quarterly monitoring reports, which will be submitted to
the city by wetland biologist Ed Sewell, or another qualified wetland
biologist. Any plants specified for replacement must be replaced within
30 days of the City giving the Association written notice of the need for
replacement. The City may bring a compliance action against the
Association if it fails to meet this requirement, and the Association
acknowledges and by this provision admits that failure to comply with this
provision constitutes a code violation under the Kent City Code, subject to
penalties of up to $500 for each day of violation. West Pac will give the
2
City a copy of its monitoring contract with Ed Sewell. THIS PROVISION
MAY NOT BE AMENDED BY THE ASSOCIATION WITHOUT
FIRST OBTAINING THE PRIOR WRITTEN CONSENT FROM THE
CITY OF KENT.
9. The City will not issue building permits for the remaining lots in Forest Ridge
Court until the wetland mitigation work has been completed and accepted by the City,
and West Pac will use good faith efforts to finish the wetland mitigation project and
obtain the City's acceptance by May 14, 2012. However, if for reasons beyond its
control, West Pac is unable to get the City's acceptance by that date, the City will issue
building permits to the lot owners of lots 1-6 upon submission of complete, adequate
building permit applications which comply with all City codes and standards. West Pac's
obligation to complete the wetland mitigation project and gain City acceptance of it shall
be secured by $10,000 which West Pac shall deposit in an escrow account on the date this
Agreement is signed. Such deposit shall not be refunded unless and until West Pac
obtains the City's acceptance of the mitigation project.
10. The City will fully cooperate with West Pac in obtaining the permits from the
United States Army Corps of Engineers and cooperate with any approval needed from the
Washington State Department of Ecology of the wetland mitigation project.
11. The City will work cooperatively with the owner to resolve any issues with the
United States Army Corps of Engineers or the Department of Ecology which arise in the
context of permitting.
12. This Agreement resolves all disputes between West Pac and the City.
13. MISCELLANEOUS PROVISIONS.
A. Non-Waiver of Breach. The failure of either party to insist upon strict
performance of any of the covenants and agreements contained in this Agreement, or to
exercise any option conferred by this Agreement in one or more instances shall not be
construed to be a waiver or relinquishment of those covenants, agreements or options,
and the same shall be and remain in full force and effect.
B Resolution of Disputes and Governing Law. This Agreement shall be
governed by and construed in accordance with the laws of the State of Washington. If
the parties are unable to settle any dispute, difference or claim arising from the parties'
performance of this Agreement, the exclusive means of resolving that dispute, difference
or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of
the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages
arising from the parties' performance of this Agreement, each party shall pay all its legal
costs and attorney's fees incurred in defending or bringing such claim or lawsuit,
including all appeals, in addition to any other recovery or award provided by law.
3
C. Written Notice. All communications regarding this Agreement shall be
sent to the parties at the addresses listed on the signature page of the Agreement, 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 addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
D. Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by a duly
authorized representative of the City and West Pac.
E. Entire Agreement. The written provisions and terms of this Agreement,
together with any attached Exhibits, shall supersede all prior verbal statements of any
officer or other representative of the parties, and those statements shall not be effective or
be construed as entering into or forming a part of or altering in any manner this
Agreement All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail
F. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which together will
constitute this one Agreement.
14. This Agreement shall take effect on April 24, 2012, and all acts taken by either
party that are consistent with this Agreement are hereby ratified and confirmed.
4
IN WITNESS WHEREOF Peter O'Kane, Managing Member West Pac Parkland 1,
LLC has executed this instrument this day of
2012.
Peter O'Kane, naging Member
West Pac Parkland 1,LLC
STATE OF WASHINGTON )
) ss.
— County of King
I certify that I know or have satisfactory evidence that Peter O'Kane,Managing
Member West Pac Parkland 1,LLC is the person who appeared before me, and that
said person acknowledged that he signed this instrument and acknowledged it to be his
free and voluntary act for the uses and purposes mentioned in the/instrument.
SUBSCRIBED AND SWORN to before me this �`� day of �`�r ' 2012.
_ Printed Name 0aH5
y — NOTARY PUBLIC in and for the State of
Notary Public Washington, residing at M E"'c tr /51as..d
Slate of Washington My commission expires: 611alzoy
OLIVER W QAVIS
Mir'400 W Nmant Explm Jun 18.2014
1
5
IN WITNESS WHEREOF Tom Brubaker, City Attorney for the City of Kent, has
executed this instrument this. day of �
2012.
4WLA, 88q
Tol Brubaker
By its: City Attorney
STATE OF WASHINGTON )
) ss.
County of King )
I certify that I know or have satisfactory evidence that Tom Brubaker, City Attorney
for the City of Kent, is the person who appeared before me, and that said person
acknowledged that he signed this instrument and acknowledged it to be his free and
voluntary act for the uses and purposes mentioned in the instrument.
SUBSCRIBED AND SWORN to before me this J-q day of Atki ( 2012.
,`�O�Et�EYq p4�4 Printed Nam K h rfe A, Komd
NOTARY IC in and for the State of
Washington, residing at CliI
My commission expires: (O
6 °euc = O
0
8-14
6
EXHIBIT A
LOTS 1 THROUGH 13, INCLUSIVE, AND TRACTS A AND B OF FOREST
RIDGE COURT, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 242 OF PLATS, PAGES 47 THROUGH 51, IN KING COUNTY,
WASHINGTON.
7
EXHIBIT B
1. Silt fences, which are to be keyed into the subgrade, will be installed
along the edge of the buffer as well as edge of creation areas.
2. The wetland area has been determined to have 6,000 sf of creation
which meets the required amount.
3. 12" of topsoil will be spread in this area. This topsoil is on-site and
does not need to be purchased.
4. 10 pieces of LWD as specified will be installed in the mitigation area.
These will be salvaged from another site.
5. 25% of the original plants remain, what is needed to finish the
installation is 5 Oregon ash, 10 red cedar, 8 Douglas fir, 120
snowberry, 30 salmonberry, 75 pea fruited rose, 50 wild rose, 60 salal,
8 red flowering current, 10 serviceberry, 300 dogwood slips, and 300
sitka willow. In speaking with a plant supplier they have dormant slips
that can still be purchased and installed so we will use the slips.
6. Install biologist recommended seed mixture in exposed areas of
wetland creation area.
7. The outfalls have been installed on the west according to the owner.
We will verify they are there and if not, we will install them. We will
install staking in the wetland buffer and on the lots for storm outfall
and stub identification and, if needed, plantings will be installed in the
buffer area as specified on the approved plan. If planting is not
needed, the plants will be installed in appropriate areas of the
mitigation site.
8. An as-built plan will be produced once the work is completed as it will
differ from the original plan enough to warrant an as-built. The
asbuilt plan will include asbuilt elevations of the wetland mitigation
area to illustrate area has been graded appropriately.
9. Sensitive area signs will be installed on split rail fence as specified.
10. A detailed watering plan which includes an above ground irrigation
system and a narrative with a watering schedule shall be submitted to
the city of Kent for review and approval. The resulting plan shall be
implemented immediately after planting has been completed.
11. Developer shall call public works vegetation management to confirm
removal of the hazardous trees identified during the preliminary
8
inspection. No other trees shall be cut without prior approval from the
City of Kent.
12. Install orange construction fencing at southern boundary of Lot 1 to
prevent further clearing on adjacent lot.
9
EXHIBIT C
PUBLIC WORKS OPERATIONS
Forest Ridge Court, 2052140
Final Inspection and Walk-thru
Date Due: April 18, 2012
To: Jim Ausburn, Construction Supervisor; Jay Mounts, Inspector
From: PW Operations, Parks, Development Engineering, Transportation, Fire
Location: 12301 SE 274`h Street
Wastewater Date Inspected: 4/05/12 Inspected by: Cole
Location Defects
MH JJ#257-#1 Casting needs to be brought to a grade and mudded in.
Remove material in the bottom of the manhole.
Storm Drainage Date Inspected: 4116/12 Inspected by:
McCullough/Hughes
Location Defects
No concerns.
Private Storm Date Inspected: 4/12/12 Inspected by: Haren
Catchbasins Defect:
Not involved.
Pavement Mgmt/Street Date Inspected: 4/17/12 Inspected by: Collins
Location Defect:
No concerns.
Signs Date Inspected: 4/17/12 Inspected by: Rusbuldt
Location Defect:
Entrance off 124 Ave SE Needs a"stop" sign, street/private road assemble with a
thermoplastic stop bar.
Entrance off SE 274 Street Needs a street/private road assemble.
Missing all "no parking fire lane' signs. All signs must be
hi-prismatic sheeting.
Vegetation Date Inspected: 4/12/12 Inspected by: Codiga
Location Defect:
Wetland area Concerned about the trees.
Water Date Inspected: 4/16/12 Inspected by:
English/Johnson/Ball
Location Defect:
10
Water Mainline Valves
Station 20+21 Needs valve nut risers.
Blowoffs
Station 36+71.7 Valve needs to be cleaned and made accessible.
Fire Hvdrants
Station 10+35.7 Foot valve is buried and not accessible (hydrant#37).
Station 47+6 Foot valve can needs straightening and a valve nut riser
(hydrant# 39)
Water Services/Meters
LT#9 Service has no locate read and needs repairing.
LT#8 Setter is too high and needs brought to standards.
LT#5 Setter is too high and needs brought to standards.
Lot 4— 8 Need tracer wire bared and clamped to setter
Air Vacs Okay
Parks/Street Trees Date Inspected: Inspected by:
Location Defect:
Recommend watering trees once a week beginning June 1st
-- September 30tn
Remove the trunk protectors;they are no longer needed.
Remove tree stakes in Jime
Survey Date Inspected: Inspected by:
No comments received
Transportation Date Inspected: 4/9/12 Inspected by: Carpmail
There are 7 ea direct burial concrete ped lights which have been ID Tagged and added to
PSE's inventory. There are no other systems related to traffic signal or other street
lighting found The only issue that we have is: several of the light fixtures are loosely
mounted and tilted, needing to be properly aligned and tightened to the pole tops While
correcting this, they should re-check tightness of the mounting at each/all pole locations.
Wetlands Date Inspected: 4/9/12 Inspected by: Jedel
1 Install silt fence around the perimeter of the wetland buffer adjacent to
development Lots 1, 2, 3, 4 and 13.
2. Install split-rail fencing and sensitive area tract signs along the wetland buffer
edge in accordance with the approved Forest Ridge Court wetland mitigation
plan.
3. Complete wetland mitigation improvements.
Fire Date Inspected: 4/5/12 Inspected by: Smith
1. No street sign for 275"' P1.
2. No fire lane markings
3. SE 275 Pl. calls for 30 feet. I measured 19 feet 6 inches
4. Turnaround calls for 20 Feet wide I measured 19 feet 4 inches
5. Turnaround length is OK. 72 Feet
11
6. Hydrants are OK Total 3
7. Sidewalk OK 5 feet wide/asphalt.
Access for 3 lots on the West side of the development off of SE 274 St.
1. Plat calls for 23 feet wide. I measured 21 foot average.
2. No fire lane markings
3. Asphalt sidewalk was not installed. Could not tell if they were finished.
4. Turnaround OK, 21 feet wide as indicated and 80 feet long.
12