HomeMy WebLinkAboutPW12-236 - Original - Medina Fund One, LLC - Contract - 9/7/2012 Records Maln.agernetiWASHiNGTON TDocument
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: Medina Fund One, LLC
Vendor Number:
JD Edwards Number
Contract Number:
This is assigned by City Clerk's Office
Project Name: S. 228th Street Union Pacific Railroad Overpass
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 9/7/12 Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Mark Madfai Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
"roJect agreement to reconstruct the driveway of the Medina property.
S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
South 228`h Street Overpass Project Agreement
(Cityof Kent South 228`h Street Union Pacific Grade Separation Project
p Project)
This Agreement is entered into this 7 r U of Q r3T 2012 between the City of Kent
("City") and Medina Fund One, LLC, a Washington Limited Liability Company ("MEDINA") The City and
MEDINA shall be referred to collectively herein as"the Parties"
Background
The City intends to construct an overpass ("the City Project" or"the Project")on South 228th
Street across the Union Pacific Railroad mainline rail tracks as contemplated in the City's six-year
Transportation Improvement Plan As it crosses the Union Pacific tracks,South 228th Street is a four-
lane thoroughfare, as seen on Attached Exhibit 1 The Project will elevate South 228th Street over the
railroad tracks,thus eliminating the at-grade crossing. The City presently anticipates that construction
of its Project will begin within five years from the date of this Agreement, although the timing remains
uncertain and is not critical to this Agreement. The Project will result in an overpass similar to the one
depicted in Exhibit 2
MEDINA owns property adjacent to the contemplated overpass, as identified on Exhibit 3,
attached ("the Medina Property"). MEDINA is planning modifications to the existing building on the
Medina Property. The planned modifications(the "Medina Building Modification Project"or the
"Medina Project") are roughly depicted on attached Exhibit 4. MEDINA intends to construct the
modifications within one year from the date of this Agreement, although the timing remains uncertain
and is not critical to this Agreement
The City's anticipated Project is relevant to MEDINA'S planned building and site modifications in
several ways explained elsewhere is this Agreement. For example, one of two existing MEDINA
driveways—the driveway marked "Existing Driveway 2" on the drawing attached as Exhibit 1—will be
permanently closed as a result of construction of the City's overpass Project Existing Driveway 1 will
remain but will have to be reconstructed when the City's Project is constructed, as explained in detail in
the body of this Agreement.
As a condition of approving the Medina Project,the City required MEDINA to dedicate five feet
of right of way and a utility easement paralleling South 228th Street, all as described in greater detail
elsewhere in this Agreement. Medina has conveyed the required right of way and easement rights
(Exhibits 5 and 6, attached).
The City wants to coordinate with MEDINA so that MEDINA'S Project is undertaken in a manner
that will facilitate several of the City's needs attendant to the future City Project, particularly with
respect to certain parking lot and landscaping modifications that would be unnecessary but for the
impending City Project Further, the Parties want to reach agreement on certain landscaping
concessions that MEDINA seeks with respect to its South 228th Street frontage. To address these and
City of Kent/Medina Fund One, LLC,Agreement
Re South 228`h Street Grade Separation—page 1
other issues related both to MEDINA's Project and to the City Project,the Parties enter into this South
288th Street Overpass Project Agreement ("Agreement") as follows:
Agreement
1. Landscaping concessions,obligations, and certain costs borne by City
MEDINA is concerned about City landscaping requirements that may be implicated
by MEDINA's Project, by the City's Project, and/or by the combination of the two
Projects. To provide certainty as to what those requirements are and what they will
be when the City's Project is constructed, the Parties agree as follows.
a. MEDINA'S Project plans include certain landscaping as shown on attached
Exhibit 7.
b. The City will pay for the landscaping referenced in subparagraph 1.a above in
the area of the Existing Driveway 2, which will be closed.
c. THE CITY GRANTS MEDINA a waiver, as follows, of the otherwise applicable 15-
foot-wide"front yard" landscaping requirement that is applicable byvirtue of
the Kent Municipal Code and MEDINA's M2 zoning. The City hereby represents
and warrants that when the City constructs its Overpass Project, MEDINA will
retain only a 10-foot-wide landscape strip between the paved parking and the
City improvements. The City further agrees and warrants that MEDINA's"front
yard landscaping," as it will exist following completion of the City Project even if
less than the anticipated 10-foot width of landscaping actually remains, shall be
deemed "legally conforming."
d. The City hereby agrees that landscaping contemplated by MEDINA's landscaping
plan as indicated on attached Exhibit 7 shall be sufficient along South 228th
Street following completion of MEDINA's Project to accommodate the driveway
regrading contemplated in this agreement and be deemed legally conforming.
e Consistent with subparagraph c above,the City shall not require any additional
landscaping on the MEDINA Property after completion of the City Project
because of any loss of landscaping along South 228th Street caused by the City's
Project, although the City may at its own election and at its cost choose to make
up for the loss of five feet(in width)of landscaping,, in which event any
replacement landscaping shall be located and constructed as follows:
City of Kent/Medina Fund One, LLC,Agreement
Re South 228th Street Grade Separation—page 2
1. The City shall consult with MEDINA to determine where on the
MEDINA property any such additional landscaping could be installed
without negatively impacting MEDINA's use of its property One such
location,for example, might be along the eastern edge of MEDINA's
property where a rail spur is presently located, in the event the rail
spur were removed The rail spur is identified on the aerial
photograph attached as Exhibit 3 Other possible locations may exist
around the building or the property perimeter.
2. MEDINA shall not unreasonably withhold its assent to a possible
landscaping location suggested by the City as contemplated in
subparagraph 2 f 1 above
3. If additional landscaping is proposed or required by the City as
contemplated in the immediately preceding subparagraphs of this
paragraph, it shall be the City's sole obligation to construct such
landscaping, at its sole expense, in the location or locations agreed to
between the Parties
2. Reconstruction of MEDINA's Driveway 1 and Regrading of Adjacent Parking Area
The Parties acknowledge that in order to accommodate the City's Overpass Project, it will be
necessary to reconstruct MEDINA's Existing Driveway 1 and to regrade the adjacent parking area
as well as permanently close existing driveway 2. The City acknowledges that this
reconstruction and regrading of Driveway 1 and the adjacent parking areas would not be
necessary but for the City Project. The Parties also acknowledge that Driveway 1 will be
restricted from trucks turning left out of the driveway after the City's project is complete.
Medina wants to minimize the impacts of this reconstruction and regrading by completing this
work,to the extent possible, at the same time that it constructs its own Medina Project.
Accordingly,the Parties agree as follows.
a. Medina shall, in conjunction with the Medina Project, contract for the
reconstruction and regrading of Driveway 1 and adjacent parking areas as shown on
attached Exhibit 8. The City shall be responsible for the costs of completing this
work, as follows:
b Medina has provided the City a cost estimate for the work referenced above,which
is depicted in the drawing attached as Exhibit 8 attached to this Agreement.
c. Medina has provided a cost estimate for the work depicted in Exhibit 8. A copy of
the estimate is attached as Exhibit 9 to this Agreement.
d. The City hereby agrees to pay Medina, WITHIN 30DAYS OF WRITTEN NOTIFICATION
OF PROJECT COMPLETION the estimated cost of the Driveway 1 construction and
regrading work set forth in Exhibit 9, but only after the work has been completed
and only after Medina has been billed by its contractor for the work. If the actual
cost of the work is less than the estimated cost as set forth in Exhibit 9,the City shall
City of Kent/Medina Fund One, LLC,Agreement
Re South 228`h Street Grade Separation—page 3
pay the lesser actual cost only If the actual cost of the work exceeds the estimated
cost as set forth in Exhibit 9, the City shall pay the actual cost but only up to an
amount not to exceed $398,000, INCLUDING SALES TAX (the "Not to Exceed
Amount"). Medina shall be solely responsible for any amount by which the actual
cost exceeds the Not to Exceed Amount.
e. Even after completion of the work shown on Exhibit 8 and estimated in Exhibit 9, it
will remain necessary to perform additional construction work at the time of the
City Project in order to match the grade of the reconstructed S. 2281h Street to the
grade of Driveway 1 as reconstructed pursuant to Exhibits 8 and 9 MEDINA agrees
that upon 30 days'written notice from the City,the City shall have the right to enter
the portion of the MEDINA property shown on Exhibit 10 attached hereto in order
to accomplish this Driveway 1 construction work This subparagraph shall operate
as and is intended as a "driveway reconstruction permit" and shall require no
further notice beyond the notice provided pursuant to the subparagraph When the
City Project is constructed,the City shall use its best efforts to complete the work
referenced in subparagraph a above as quickly as possible in accordance with
standard construction practices and scheduling, and the City shad coordinate with
MEDINA for completion of all such work in a manner to be mutually agreed upon,
which agreement shall not be unreasonably withheld.
IN WITNESS WHEREOF,this Agreement has been entered into effective SPp ,�PJ
2012.
City of Kent/Medina Fund One, LLC,Agreement
Re South 2281h Street Grade Separation—page 4
Medina Fund One, LLC
By
Tom T. O'Keefe, MANAGER
City of ent ,
By czo Z-94/-00=:re
Tim LaPorte, Public Works Director
Exhibits Attached to this Agreement
City of Kent/Medina Fund One, LLC,Agreement
Re South 228`h Street Grade Separation—page 5
Exhibit 1: Aerial that shows the future overpass and the Existing Driveway 1 and Existing
Driveway 2 location.
Exhibit 2: Aerial photo shows S.228th Street Overpass over BNSF tracks
Exhibit 3: Aerial photo that depicts the vicinity,whole parcel,the rail spur,the future overpass
location, and location of future work
Exhibit 4: Drawings 1,3,4&5 of 5 and W-1 of 1,T3 of 2 and T2 of 2 showing the Medina building
modifications
Exhibit 5: Signed 5-foot-wide ROW dedication
Exhibit 6: Signed Utility easement
Exhibit 7: MEDINA's proposed Project landscaping for its own project
Exhibit 8: Drawing 2 of 5 depicting the parking lot as modified for the City's project.
Exhibit 9: Medina's cost estimate for reconstruction/regrading Driveway 1 and adjacent parking
area
Exhibit 10: Aerial depicting the"permit area"for reconstruction of Driveway 1 at the time of City
Project
City of Kent/Medina Fund One, LLC,Agreement
Re South 228`h Street Grade Separation—page 6
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WHEN RECORDED RETURN TO: 201206G70 65.00
PAGE-MI OF 004
06/07/2012 15:53
Property Management KING COUNTY, VA
City of Kent
220 Fourth Avenue South E2547429
Kent, Washington 98032 OS/
07/2012 1%A4
KING COUNTY,
STAE $10.00 P*M-001 OF 061
Grantor: Medina Fund One LLC a Washington Limited Liability Compamc
Grantee: CITY OF KENT
Abbreviated Legal Description: Lot 6 &a otn of Lot 3, Bilk 2, Upland
Corp Park Vol 108 pq 38-39
Additional Legal Description on page. of Document
Assessor's Tax Parcel ID No. 883480-0090-09
i
Project: 07-3023R 228t" UPRR Grade Separation W M9---fA'Q
QUIT cum DEED
Medina Fund One, LLC, a Washington Limited Liability Company ("Grantor"), for and
in consideration of mutual benefits derived and/or other valuable consideration,
receipt or which is hereby acknowledged by Grantor, conveys and quit claims to the
City of Kent, a Washington municipal corporation ("Grantee"), and its successors
and assigns, all interest in the following described real property, situated in Kent,
King County, Washington.
SEE EXHIBIT"A" ATTACHED AND INCORPORATED
EXHIBIT
Quit Citrbn deed Page 10 �
4
1
I • C
�" • 4
,�A dd rr � e
Dated this 3a day of Irf'ti7
GRANTOR:4$d/+�/ µ`'(p �/`'Pi �lL•
1a71q'q-
By: r-
Its:
STATE OF WASHINGTON )
) Ss.
COUNTY OF KING ) I
I certify that I know or have satisfactory evidence that Il oy+-+ 'r d'kzgjk, i
Is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as theagtr
of KWr%a. G4,%& 60 LL6 to be the free and voluntary act of such
1
party for the uses and purposes mentioned in the instrument.
-Notary seal Must Appear wlthtn This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
Notary Public
���
State of Waahiagsbing ton
TRACI R.APLIN (Signature)
MY COMMISSION EXPIRES NOTARY PUBLIC, in and for the State
July 24,2015 of Washington, residing at kZ4 1
My appointment expires Ltr 2 is-
------------------
APPROVED AS TO FORM
City Attorney
h�CMI�FamsWeeas,e:senknts,puttaabnoeee,teasniQ�asap Oeea.aacx
Quit Claim Deed Page 2 of q
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Exhibit A
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Right of Way
Tax Lot 8834800090
PNWTI #1147618
NE1/4 NW1/4 13-22-4
The south 5.00 feet of the following described tract of land:
All of lot 6, Block 2, Uplands Corporate Park, according to the plat thereof recorded
in Volume 108 of Plats, pages 38 and 39, records of King County, Washington;
Together with the south 97.74 feet of Parcel B, City of Kent Lot Line Adjustment No,
LL-81-31 recorded under King County Recording Number 8812010552 (being the
south 97.74 feet of Lot 3, Block 2, said plat of Uplands Corporate Park, according to
the plat thereof recorded in Volume 108 of Plats, pages 38 and 39, records of King
County, Washington).
i
(Also known as Parcel B, City of Kent Lot Line Adjustment Number LL-2008-5,
recorded on October 20, 2008, as instrument Number 20081020001358, in the
official records of King County, Washington.)
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OWNER: MEDINA FUND ONE LLC
PARCEL ADDRESS: 7250 S. 228th ST.
KENT, WA. 98032
TAX ID 883480-0090 5'
RIGHT OF WAY AREA: 2165 SQ.FT. r�r
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EXISIINC RIGHT
OF WAY LINE
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WHEN RECORDED RETURN TO:
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City of Kent I
220 Fourth Avenue South 20120607001873
Kent, Washington 98032 PA%601E02 21194EA5 es.ee
Attn: Engineering/Property Services KING�COUH1TY, WA
Grantor: Medina Fund One. LLC. a Washington Limited Liability Company
Grantee: City of Kent, a Washington municipal corporation I
Abbreviated Legal Description: Lot. 6 s Ptn of Lot 3, 81k 2
Uplands Corp. Park, Vol. 108, pc{ 38-39
Additional Legal Description on page of Document,
Assessor Parcel No. 883480-0090-09 STR: NW 13-22-4
Project Name: _07-3023R 228th UPRR Grade Separation tl?d)Y..- Caci
Access, Construction and Underground Utility Easement
S
Medina Fund One. LLC, a Washington Limited Liability Company ("Grantor"),
for and in consideration of mutual benefits derived and other valuable
consideration, receipt of which Grantor acknowledges, grants, bargains, sells, and
conveys to the city of Kent, a Washington municipal corporation ("Grantee"), its
successors and assigns, an access and construction easement for the design,
construction, installation, operation, maintenance, repair, and reconstruction of a
retaining wall to support an above-grade railroad crossing on South 228`h Street,
together with a public and private underground utility easement, both easements
being granted over, through, under, across and upon the following described
property situated in King County, Washington:
Refer to Exhibit"A"attached and,made a part hereto
Grantee shall have the right, without prior institution of suit or proceeding at
law at times as may be necessary, to enter upon the property and immediately
adjacent areas with the necessary equipment for the above-stated retaining wall
access and underground utility purposes, and for making any connections to the
underground utilities, without incurring any legal obligation or liability; provided
Easement - Medina Fund Page i of 3
EXHIBIT 6
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that Grantee's exercise of Its rights In the easement area shall be accomplished so
that the Grantor`s private Improvements existing within this easement area,
Including incidental areas, shall not be disturbed or destroyed, or in the event they
are disturbed or destroyed, they will be replaced in as good a condition as they
were Immediately before the Grantee entered the property.
This easement shall be governed by and construed in accordance with the
laws of the state of Washington. If Grantor and Grantee are unable to settle any
dispute, difference or claim arising from either party's performance of this
easement, the exclusive means of resolving that dispute, difference or claim shall I
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.
The Grantor shall retain the right to use the surface of this easement so long
as Grantor's use does not interfere with the Grantee's rights provided In this
easement. Except as shown on attached Exhibit B, which depicts future construction i
that Grantor plans to undertake within the easement area, the Grantor and Grantee
shall not change the surface grades, except as mutually agreed upon in advance by
both parties.
This easement shall be a covenant running with the land forever and
shall be binding on the Grantor's successors, heirs, and assigns.
GRANTOR(S):
i OW�r� � ,
By:
its: � �(4t , rz---
Notary acknowledgment appears on next page -
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Easenw*-Medina fund Page 2 of 3
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STATE OF WASHINGTON )
)55.
COUNTY OF KING )
Date: MAM zQi ufl-
I certify that I know or have satisfactory evidence that roveI T 01 ��-
is the person who appeared before me, and said person
acknowledged that (he/she) signed this Instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged It as the_ Mar,n.u�&r
of dA AN A aLkndt One. LL.(, to be the free and voluntary act of such
party for the uses and purposes mentioned In the Instrument.
Dated: AALL�, 2oi7-
-Notary Seal Must Appear Wlthln Thls Box-
IN WITNESS WHEREOF, I halve hereunto M my hand and official seal the
day and year first above written.
a
Notary Pabllc
State of Washington ( ignature)
TRACT R. X PIRE$ N TARY PUBLIC, in and for the State
MY COMMISSION
h!EX
July 24,2015 o Washington, residing at Ktnt
appointment expires �� z'l,2D1S
APPROVED AS TO FORM:
Ken w Department
1-Wh1\H1cs\0pen flles\0177-2012-Mae Works Generaryledlns fund(Amway)Easeawntdaft
Easement- Medina Fund Page 8 0!3
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Exhibit A
Access, Construction and Underground Utility Easement
Tax Lot8834800090 I
PNWTI #1147618
NEl/4 NW1/4 13-22-4
The north 10.00 feet of the south 15.00 feet of the following described tract of
land:
All of Lot 6, Block 2, Uplands Corporate Park, according to the plat thereof recorded
in Volume 108 of Plats, pages 38 and 39, records of King County, Washington; {
Together with the south 97.74 feet of Parcel 8, City of Kent Lot Line Adjustment No.
LL-81-31 recorded under King County Recording Number 8812010552 (being the
south 97.74 feet of Lot 3, Block 2, said plat of Uplands Corporate Park, according to '
the plat thereof recorded In Volume 108 of Plats, pages 38 and 39, records of King
County, Washington).
(Also known as Parcel B, City of Kent Lot Line Adjustment Number LL-2008-5,
recorded on October 20, 2008, as instrument Number 20081020001358, in the
official records of King County, Washington.)
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April 18,2012 '11-O S.
Mr.Tom O'Keefe ,wa
O'Keefe Development VON
18300 Cascade Ave S,Suite M1 �,41
Seattle; WA. 98188
Re:Amway—Entry Changes(Interim Grading Plan)
{
Tom.
The following is our price quote fai the Interim Grading as defined on plans prepared by
Baighausen Lngineeling dated 5/18/11 Please review breakdown and clarifications
below. 1 his reflects the added cost to the project
Relocate Trailer—Relocate tempoiaiy Amway trailer one or two dock bays to the north
to allow for different access and removal of the retaining wall Trailer will be turned
around with the doors facing north and a new 11C ramp will be installed foi customers.
Reattach electrical and water.
5,500
Survey(Allowance)—Layout new retaining walls,grades and set elevation of relocated
catch basins
2,000.
Soils Testing(Allowance)—Provide periodic testing of soils placement and proof toll
prior to asphalt installation.
1,750,
Demolition and Clearing—Asphalt removal and disposal, concrete removal and
disposal including load lamp. flag pole patio and extruded curbs,tires shrubs and sod.
Silt fencing
31,765.
E
Eartbwork—Excavate and backfilI for retaining wails.grade for walks, planters and
asphalt paving,
21,524.
Rockery—Install}'rockery per plan =4,950.
Fill Material— Import and Place 5100 tons of select fill pit fun materials with truck and
trailer Provide street clean-up
96,319.
EXHIBIT 9
P. 0.BOX 27089
SEATTLE, WA 98165
(20t;)3o2-7227
FAX (206)392-0118
JOSEPSS 153JD
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Utility (Budget)—There was no design on the plans so we have included the following:
Install (1) Type II 48"manhole at loading dock ramp Raise(3)existing manholes and
grades to revised grades Provide rockery drain and perimeter drain around trnrrsFormer ?
depression
10,069.
Fire hydrant— Relocate fire hydrant per plan Anew hydrant will be installed with the 1
latest connections.
3,759
Asphalt paving—Install 3"asphalt over 6"base at main truck drive 433 sy(see plan)
Balance of area to tec.eive 2"asphalt o%-er 4" base 1.702 sy East parking lot to receive
asphalt overlay 558 sy
56,834.
Landscaping—Landscaped are did not change much only the addition of some hydro
seeding of the sloped south side and lelocation of the spi iukleis for this area
2,888.
Fence--Install new fencing along north retaining wall. Reuse existing rolling gate.
4.200
I
Striping—Stripe an additional(36)stalls not included in base quote
1
275.
Extruded Curbs—Install additional extruded cur hnrg No wheel slops are included.
8.505.
Retaining Wall—Construct new concrete retaining walls at(3) locations. North retaining
wall to be 8' thick.Centel radrtrsed wall and by sidewalk to be 6 thick.
55,218.
Sider%alks—Install added sidewalks per plan. 17,932.
2.)
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Ramp Credit—Eliminate ramp at west end of building inclusive of handrail.
<11,838.9
l
Handrails—Install approx 20 If of handrail next to transformer.
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1,575.
General Conditions—Supervision.Grade monitoring, Continuous clean-up, site safety,
bantcades,stgnage
17,322.
- - --------------------
Subtotal 330,547.
0. H & P 33,055. 1
Subtotal -^ ---�63,602.
W SST 34,542.19
E
Total Budget Amount S 398,144.19
Alternate
Trailer Location—If trailer needs to be relocated to the north end of the building the
cost to c\tend the power and vratci to this location adds'
$ 10,810. +tax
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Excludes. Permit cost, Engineering/Architectural fees,Landscape design, Reinstallation
of flag pole,exterior lighting,phone relocation.
Please contact me with any questions, j
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Best Regards,
Todd Hartmann
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