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Home My WebLink AboutEC15-035 - Other - James Center and Lisa Angelus - Agreement and Release - 2/13/15 x Recordserne .v KENT ��W ABHINOTDN `^ Document � g 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: James Center and Lisa Angelus Vendor Number: JD Edwards Number Contract Number: U,i" This is assigned by City Clerk's Office Project Name: Right of Entry, Removal, and Destruction Agreement & Release Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Agreement and Release Contract Effective Date: 2/13/15 Termination Date: 2/24/15 I Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Julie Pulliam Department: ECD Contract Amount: None Approval Authority: ® Department Director ❑Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): i adccwiasn s 14 RIGHT OF ENTRY, REMOVAL,AND DESTRUCTION AGREEMENT & RELEASE THIS RIGHT OF ENTRY, REMOVAL, AND DESTRUCTION AGREEMENT & RELEASE ("Agreement") is made as of this �V_2 day of February, 2015 ("Effective Date") by and between the City of Kent, a Washington municipal corporation ("City") and JAMES CENTER and LISA ANGELUS, husband and wife ("Grantors"). RECITALS A. Grantors are the tenants and occupants of land commonly known as 26530 114t' Avenue Southeast located in the City of Kent, Washington (the "Property"). Although the property is under a current judicial foreclosure proceeding filed by OneWest Bank, FSB, against the Estate of Elma Westmoreland and a number of named and unnamed defendants, in King County Superior Court Cause No. 13-2-05815-4 KNT, Grantors live at, occupy, and otherwise possess and control the Property. B. Grantors are current defendants on review status in the Kent Municipal Court under Cause Numbers K97914 and K97915 for criminal violations due to (1) Maintaining a Public Nuisance in violation of KCC 8.01.030, and(2) Maintaining Litter on Private Property in violation of KCC 8.04.100.C. Grantors have not removed the criminal code violations from the Property as ordered by the Kent Municipal Court and are in violation of their judgment and sentencing conditions. C. The City has offered to remove the existing public nuisance and litter from the P122Lily, at the City's expense, if Grantors will consent to the City: (1) entering the Property; (2) removing all litter, trash, debris, or other items that are located on both the (a) front or west side of the residential structure located on the Property, and (b) the right or south side of the residential structure located on the Property, including those items stored under a carport or lean- to and partially concealed by a tarp; (3) destroying all items removed from the Property in a manner determined by the City to be appropriate; and (4) agreeing to maintain the Property in accordance with their respective Judgment and Sentencing Conditions while they occupy, reside, or otherwise control the Property. The Grantors wish to grant the City such consent in accordance with the terms and conditions set forth in this Agreement. AGREEMENT 1. Right of Entry, Removal, and Destruction. Grantor grants the City and its agents, employees, consultants, and contractors (individually and collectively, "Grantee") the right to enter upon the Property during the term of Ibis Agreement between the hours of 7:00 a.m. and 6:00 p.m. (or such other reasonable hours as may be approved in writing by the parties) for the limited purpose of: a. Removing and destroying the existing litter that is located on both the (1) front or west side of the residential structure located on the Property, and (2) the right or south side of the residential structure located on the Properly, including those items stored under a carport or lean-to and partially concealed by a tarp, which litter is on the Property in violation of RIGHT OF ENTRY,REMOVAL, AND aitials) DESTRUCTION AGREEMENT&RELEASE- 1 initials) 4 i KCC 8.04.100.C. and visible from the public right-of-way, including 114°1 Avenue Southeast and Southeast 266`h Street; and b. Removing and destroying the existing public nuisance, including trash, debris, or other items that are located on both the (1) front or west side of the residential structure located on the Property, and (2) the right or south side of the residential structure located on the Property, which public nuisance is in violation of KCC 8.03.030.2. and visible from the public right-of-way, including 114`h Avenue Southeast and Southeast 266th Street. The litter, trash, debris, or other items removed from the Property by Grantee may he destroyed or otherwise disposed of by the Grantee in any manner as the City may, in its sole discretion, determine is appropriate. In granting this right of entry, removal, and destruction to the Grantee, the Grantors declare that they have the authority to grant the consent provided for in this Agreement, that they are the legal owners of all litter, trash, debris, or other items described in this Agreement to be removed from the Property, and that they agree to release and indemnify the City against any claims to the contrary in accordance with Section 2 below. Attached and incorporated as Exhibit A is an_ example of the litter, trash, debris, and other items of which the Grantors consent t—o-M-FCi y-entering and removing from the Property and destroying in a manner as deemed appropriate by the City. 'these photographs are provided as an example only and are not intended to limit the amount or type of litter, trash, debris, or other items that the City may access, seize, and remove. All litter, trash, debris or other items that are located in the areas described in sections La. and l.b, above and that create a public nuisance will be removed. 2. Release and Indemnification. In consideration of the Grantee removing the litter and public nuisance from the Property at Grantee's cost and expense, the Grantors release any right, interest, or title in the trash, litter, debris, and other items described in this Agreement and agree to indemnify, defend, and hold harmless the Grantee from lawsuits and damages, claims, judgments, losses, liability, or expenses related to the Grantee's entry on the Property, or the Grantee's removal or destruction of any trash, litter, debris, or other items removed from the Property. 011 ]15@S :cwp, NA 3. Duration. The right of entry granted under this Agreement shall commence upon the Effective Date and shall automatically terminate at 5:00 p.m. on February 24, 2015, or such earlier date by which the Grantee has removed the litter and public nuisance such that the code violations described in this Agreement no longer exist with respect to the areas described in Section I.a. and 1.b. above. 4. Voluntariness. In signing this Agreement, the Grantors acknowledge that they have read, understand, and agree to this Agreement and its terms, and have discussed the same with their respective attorneys. The Grantors acknowledge that they have voluntarily signed this Agreement so that the Grantee may enter the property and remove the public nuisance that is at issue in Case Numbers K97914 and K97915, which are on review status in the Kent Municipal Court. The Grantors acknowledge that they may choose not to sign this Agreement and thereby refuse to allow Grantees to enter the Property or remove anything from the Property. The RIGHT OF ENTRY,REMOVAL,AND k (initials) DESTRUCTION AGREEMENT&RELEASE-2 (initials) Grantors sign this Agreement for the specific purpose that the Grantee may remove the existing public nuisance by entering the Property and removing from the Property all trash, litter, debris, and other items from the areas described in Section La. and Lb. and depicted in Exhibit A. 5. Continued Maintenance. After Grantee has removed the litter and public nuisance from the property in accordance with this Agreement, the condition of the property will be documented in photographs taken by Grantee. Grantors agree to continue to maintain the property in compliance with all state and local laws applicable to the Property, and in the condition depicted in the photographs taken by Grantee, while Grantors occupy, reside, or otherwise have actual control or possession of the Property. 6. Counterharts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 7. Governing Taw. This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of Washington. IN WITNESS WHEREOF, the City and Grantors have executed this Agreement as of the date and year first above written. GRANTORS: CITY: CITY OF KFNT KL A 'ELUS Dale By Name , Title JAMES CE TE Date "�, D AS TO FORM: eta ttorney acwuaa oN,nu.rne+a-sm..eez�axo,.,y r:mad orn,r nn.a.,..e.:. RIGHT OF ENTRY,REMOVAL,AND (initials) DESTRUCTION AGREEMENT&RELEASE-3 (initials) 13-13316 0009ntNo KENT POLICE DEPARTMENT DRAFT Reported Dale 220 4th Avenue South 01/2 8/2 015 Kent,WA 98032-5895 Crimepriddent KENT Phone:(253)856-5800 Fax:(253)856-6800 Member#/Dept ID# WARMINGTON,IR Phone Fax Agency Cese No Supplement No Reported Dale Reported Time KENT POLICE DEPARTMENT 13-13316 0009 01/28/2015 1 14: 50 MemBeritlDepl ID# Assignment Entered By 45453/WARMINGTON,IR NEIGHBORHOOD RESPONSE TEAM 45453 Assignment Property? Approving Offccr i Approval Dale NEIGHBORHOOD_ RESPONSE TEAM Property Approval Time t +y."gg p#pgS vL Ct K i hY F� (i 'JA 1� y/ 2 1 "hi1E( i xv '"ai4tt ?C'X �3 2'a"2Ydf ` 2 Xl i- fxa ih.4§ 24a fir?` d t +'F bs# Y tN Prop#1 Involvement In Dale In Cuslody7 Security 1 VERIPIC 01/28/2015 1 No No Description --- - Typ photos of property A Cat I Article _---- --- IBRS Type Entered Dale Entered Time Other (none of the ahove) lPhotographs Other 1 01/28/2015 14 : 50 Control I 45453 0128151450 On 01-27-15 at 1627 hours, I responded to 26530 114th Ave SE, in the City of Kent, to check on the status of the property there. I needed to ascertain if the property owner was complaint in his/her duties to clean the property of garbage and debris. I arrived on scene and found a large mess. It appeared that several items had been placed in the driveway of the home as if there was going to be a garage sale. Nothing piled in the driveway appeared to be of any value. It appeared to mostly be garbage and bags of trash. I photographed the property and later downloaded those pictures into Veripic. I advised the City Attorney's Office of my findings. End of Supplemental. By affixing my electronic signature below in the form of my type written name. I certify under penalty of perjury under the laws of the State of Washington that this report is true and correct. Officer I. Wasmington Dated this 28 day of January , 2015 in the City of Kent. 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