HomeMy WebLinkAboutPW15-304 - Original - Bedrosian Kent, LLC - Bedrosian Tile and Stone Driveway Improvements - 08/26/2015 � . r
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777770
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: `' G" 6v1
Vendor Number:
JD Edwards Number
Contract Number: e V' l"J ` 7)1111
This is assigned by City Clerk's Office
Project Name: I`O y(l ✓d �STZ%lk Z D YZ-r U1 t JA �t�dcr✓C 7�in i �
Description: ❑ Interlocal Agreement !] Change Order ❑ Amendment ❑ Contract
N-0ther: rrl�r r � D S�acEz plc N�� a�z a
Contract.Effective Date: Termination Date: a G L,)o,;)S
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: '°, Wt & s Department:
Contract Amount:
Approval Authority: ❑ Department Director RIMayor ❑City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
3 C� 6� o a iV a
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LIMITED LICENSE AGREEMENT BETWEEN
THE CITY OF KENT AND
Bedrosian Kent, LLC
PARTIES
THIS LIMITED LICENSE AGREEMENT ("License") is between the CITY OF
KENT, a Washington municipal corporation ("City"), and Bedrosian Kent, LLC, a
Washington limited liability company ("Licensee").
RECITALS
1. Licensee seeks to install driveway improvements, asphalt parking for
maneuvering areas, and landscape islands in South 190th Street, in front of
Bedrosians Tile and Stone, located approximately at 6841 South 190th Street,
Kent, Washington, 98032.
2. Licensee has requested that the City grant a permit to use City right-
of-way to install the above improvements within the City right-of-way.
3. The City has agreed to issue this license.
NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS:
LICENSE
1. License Granted. In consideration of mutual benefits derived and
other valuable consideration, receipt of which is hereby acknowledged by the City,
the City grants this License ('License") for a period of ten years from the Effective
Date (the "Term") for Licensee to install driveway improvements, asphalt parking
for maneuvering areas, and landscape islands in South 190th Street, at Bedrosians
Tile and Stone, located approximately at 6841 South 190th Street, Kent,
Washington, 98032, across, along, in, upon and under a portion of the City's right-
of-way described in Exhibit A ("Property"). City and Licensee agree that this
License shall automatically renew at the end of the Term, and a new ten-year Term
shall commence, unless terminated as provided in Section 3 of this License. A
general description of the plans and specifications is on file with the City of Kent
under civil permit REMC-2150625 for driveway improvements, asphalt parking for
maneuvering areas, and landscape islands in South 190th Street (the
"Improvements"), as approximately shown on Exhibit B ("Licensed Area"). This
License is subject to all the terms and conditions established below.
LIMITED LICENSE--Page 1 of 8
(between City of Kent and Bedrosian Kent, LLC)
2. Damage to Property and Restoration. Licensee shall repair any
damage to the Licensed Area or the Property caused by the installation,
construction, operation, maintenance, removal, repair, reconstruction, replacement,
use, and inspection of the Improvements within the Licensed Area. Upon
revocation, termination, or expiration of this License, Licensee shall restore the
Licensed Area to its original condition prior to the issuance of the License. Such
restoration obligation shall survive the expiration of this License.
3. Revocation and Termination. The intent of this License is to
authorize Licensee to install driveway improvements, asphalt parking for
maneuvering areas, and landscape islands in South 190th Street within the
designated City right-of-way, which right-of-way constitutes a valuable property
interest owned by the City. This License does not grant an estate in the land
described as the Licensed Area; it is not an easement; it is not a franchise; it is not
exclusive; and it does not exclude the City from full possession of the Licensed
Area, As a License upon real property, it is revocable at the will of the City.
However, prior to termination or revocation by the City, the City shall provide
Licensee with at least fifteen calendar days' written notice of termination or
revocation. Upon receipt of such notice from the City, Licensee is required to
remove all Improvements and restore the Licensed Area within ninety days
thereafter. If Licensee fails to remove the Improvements within the allotted time,
the City may remove all or part of the Improvements, restore the Licensed Area,
and recover the costs of such removal and restoration from Licensee. Licensee
waives any right it may have to any claim for damages of any kind incurred as a
result of the City's removal of all or part of the Improvements.
4. Permits Required. The City's grant of this License does not release
Licensee from any of its obligations to obtain applicable local, state and federal
permits necessary to install, construct, operate, maintain, remove, repair,
reconstruct, replace, use and inspect the Improvements. Licensee's failure to
comply with this Section 4 shall constitute grounds for immediate revocation by the
City. The consideration in Section 1 is in addition to any fees required for
applicable local, state and federal permits.
5. Maintenance. Licensee shall maintain the Improvements and the
Licensed Area in a clean, well-kept, orderly condition to the satisfaction of the City.
Licensee shall be responsible for maintaining, at its sole expense, all of Licensee's
Improvements, and shall keep the same in good and safe repair, order and
condition. Such duties shall include, but not be limited to: maintenance of all
vegetation in the landscape islands, prompt repair to any damage or defect in the
driveways, and removal or repair of obstacles or defects within the asphalt
maneuvering areas and obstructions in or adjacent to South 190th Street.
6. As-builts. Within sixty days of completion of construction of the
Improvements, Licensee shall provide the City with accurate copies of all record
LIMITED LICENSE--Page 2 of 8
(between City of Kent and Bedrosian Kent, LLC)
i
drawings and maps showing the horizontal and vertical location and configuration of
all located or relocated Improvements within the public right-of-way. Licensee
warrants the accuracy of all record drawings and maps provided to the City.
Licensee shall provide the City with updated record drawings and maps upon
request.
7. Emergency. In the event of any emergency in which any portion of
the Improvements breaks, becomes damaged, or in any other way becomes an
immediate danger to the property, life, health or safety of any individual, Licensee
shall immediately take the proper emergency measures to remedy the dangerous
condition without first applying for and obtaining a permit as required by this
License. However, this emergency work shall not relieve Licensee from its
obligation to obtain all permits necessary for this purpose, and Licensee shall apply
for those permits within the next two succeeding business days.
S. Indemnification. Licensee shall comply with the following
indemnification requirements:
8.1 Licensee shall defend, indemnify, and hold the City, its officers,
officials, employees, agents, assigns, and volunteers harmless from any and all
claims, actions, injuries, damages, losses, or suits, including all reasonable legal
costs, witness fees, and attorney fees, arising out of or in connection with the
performance of any of Licensee's rights or obligations granted by this License,
except to the extent caused by the sole negligence of the City, its employees,
agents, contractors, or invitees.
8.2 The City's inspection or acceptance of any of Licensee's work
when completed shall not be grounds to avoid any of these covenants of
indemnification.
8.3 These indemnification obligations shall extend to any claim,
action or suit that may be settled by compromise, provided that Licensee shall not
be liable to indemnify the City for any settlement agreed upon without the consent
of Licensee; however, if Licensee consents to the agreed upon settlement, the
Licensee shall indemnify and hold the City harmless as provided for in this Section 8
by reason of that settlement. Moreover, if Licensee refuses to defend the City
against claims by third parties, Licensee shall indemnify the City regardless of
whether the settlement of such claims is made with or without Licensee's consent.
8.4 In the event that Licensee refuses to accept tender of defense in
any claim, action, or suit by a third party pursuant to this Section 8 and if
Licensee's refusal is subsequently determined by a court having jurisdiction (or
such other tribunal that the parties shall agree to decide the matter) to have been a
wrongful refusal, then Licensee shall pay all the City's costs for defense of the
action, including all reasonable legal costs, witness fees, and attorney fees and also
I
LIMITED LICENSE--Page 3 of 8
(between City of Kent and Bedrosian Kent, LLC)
i
including the City's costs, including all legal costs, witness fees and reasonable
attorney fees, for recovery under this Section 8, indemnification clause.
8.5 The provisions of this Section 8 shall survive the expiration or
termination of this License.
9. Insurance. Licensee shall procure and maintain for the duration of
this License, insurance of the types and in the amounts described below against
claims for injuries to persons or damage to property that may arise from or in
connection with the performance of the work by Licensee. Licensee also agrees to
require the same coverage of its agents, representatives, employees, contractors,
subcontractors, consultants, subconsultants, or assigns performing work under the
scope of this License and to assure that such coverage is maintained.
9.1 Before beginning work on the project described in this License,
Licensee shall provide a Certificate of Insurance evidencing:
9.1.1 Automobile Liability insurance with limits no less than
$1,000,000 combined single limit per accident for bodily injury and property
damage; and
9.1.2 Commercial General Liability insurance written on an
occurrence basis with limits no less than $2,000,000 combined single limit per
occurrence and general aggregate for personal injury, bodily injury and property
damage. Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad form property damage; explosion, collapse
and underground (XCU); and employer's liability.
9.1.3 Excess Liability insurance with limits not less than
$2,000,000 per occurrence and aggregate.
9.2 Any payment of deductible or self-insured retention shall be the
sale responsibility of Licensee.
9.3 The City, its officers, officials, employees, agents, assigns and
volunteers shall be named as an additional insured on the insurance policy, as
respects work performed by or on behalf of the Licensee and shall make its
endorsement available for inspection by the City. The City waives no rights and
Licensee is not excused from performance if Licensee fails to provide the City with a
paper copy of the endorsement naming the City as an additional insured.
9.4 Licensee's insurance shall contain a clause stating that coverage
shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
LIMITED LICENSE--Page 4 of 8
i
(between City of Kent and Bedrosian Kent, LLC)
9.5 Licensee's insurance shall be primary insurance as respects the
City, and the City shall be given thirty calendar days prior written notice
electronically and by United States mail of any cancellation, suspension or material
change in coverage.
10. Modification. This License may not be modified, altered, or amended
unless first approved in writing by the City.
11. Assignment. Licensee shall not assign all or any portion of its rights,
benefits, or privileges, in and under this License without prior written approval of
the City, which approval will not be unreasonably withheld or delayed; provided,
however, that Licensee may only assign all or a portion of its rights to a subsidiary,
parent, affiliate or company having common control with Licensee, and then only so
long as thirty days' prior written notice of same is provided to the City; and
provided further that Licensee remains fully liable to the City for compliance with all
terms and conditions of this License until such time as the City shall consent to
such assignment as provided above.
12. Compliance with Laws. Licensee shall comply with all federal, state
and local laws, rules and regulations that are applicable to this License.
13. Venue and Jurisdiction. This License shall be construed in
accordance with the laws of the State of Washington. Venue and jurisdiction for the
resolution of disputes shall be in the Superior Court for King County, Washington.
In the event of claim or litigation regarding the enforcement of the terms of this
License, each party shall be responsible for its own legal costs and attorney fees
except as noted in Section 8.
14. Notices. All notices, requests, demands, or other communications
provided for in this License, unless otherwise noted, shall be in writing and shall be
deemed to have been given when sent by registered or certified mail, return receipt
requested, to the addresses listed below for each party, or to such other person or
address as either party shall designate to the other party in writing:
CITY: LICENSEE:
City of Kent Bedrosian Kent, LLC
Attn: City Clerk Attn: 1
220 Fourth Avenue South 6841 South 190t' Street
Kent, WA 98032 Kent, WA 98032-1711
15. No Waiver of Rights. Nothing in this License shall constitute a
waiver of either party's right to challenge any portion of the License that is not in
accordance with applicable federal, state and local laws.
LIMITED LICENSE--Page 5 of 8 �
(between City of Kent and Bedrosian Kent, LLC)
16. Warranty of Authority to Execute. Each person executing this
License warrants that he/she has the requisite authority to bind the party for whom
that person is executing.
17. Entire Agreement and Effective Date. This License contains the
entire agreement between the parties and, in executing it, the City and Licensee do
not rely upon any statement, promise, or representation, whether oral or written,
not expressed in this License. This License shall be effective upon the last day
executed below ("Effective Date"),
CITY OF KENT -ry LICENSEE
By: By
Print N rpVe.SUZETTE COOKE Prl rName:
Its: pkav r Its: a � � -
�a`te A f Date: /
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c T4vIpFI1e00pen Filee WS-F('1)Crtnaral 2015O amsinn umnea LcenN Agreenient HedIOS HRM+c%
LIMITED LICENSE--Page 6 of 8
(between City of Kent and Bedrosian Kent, LLC)
III
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STATE OF WASHINGTON )
SS.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Suzette Cooke
is the person who appeared before me, and said person acknowledged that she
signed this instrument, on oath stated that she is authorized to execute the i
instrument on behalf of the City of Kent as its Mayor, and such execution to be the
free and voluntary act of such party for the uses and purposes mentioned in the
foregoing instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above written.
,fit A
_TSAR` it,
V1. / =- " `'. Al
V - - % NOTARY PUBLIC, in and for the State
N', 0uev`4 `�® of Washington, residing at ;r ' L
n„��-1 My appointment expires %� d
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LIMITED LICENSE--Page 7 of 8
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(between City of!Cent and Bedrosian Kent, LLC)
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A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On August 20, 2015 before me, Melanie A. Cleveland,Notary Public, personally
appeared Larry E. Bedrosian, who proved to me on the basis of satisfactory evidence to be flee
person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signaturc(s) on the instrument the person(s), or the entity upon behal f of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
MELANIE A.CLEVELAND
WITNESS my hand and official seal. Commission B 2097747
r Notary Public-California
`. Orange County
M Comm:Ea Iran Jan 23 2019
(Seal)
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., CITY OF KENT, KING
COUNTY, WASHINGTON,
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
WITHIN SOUTH 190TH STREET RIGHT-OF-WAY, EAST OF WEST VALLEY HIGHWAY,
BEING APPROXIMATELY 619.74 FEET BY 7.6 FEET DIRECTLY ADJOINING APN 883660-0140
BENEFITTING PARCEL TO FOLLOW:
PARCEL A:
LOT 14 AND THE WESTERLY 264.08 FEET OF LOT 15, OF UPLAND'S WEST VALLEY
INDUSTRIAL PARK, AS PER PLAT RECORDED IN VOLUME 95 OF PLATS, PAGES 85
THROUGH 87, RECORDS OF KING COUNTY, AND;
PARCEL B:
LOT 3 OF CITY OF KENT SHORT PLAT NO, SPC-74-10,ACCORDING TO THE SHORT PLAT
RECORDED UNDER KING COUNTY RECORDING NO, 7412130463;
SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON,
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REQUEST FOR MAYOR'S SIGNATURE
®
10ETll`
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director_
Originator: KAREN WESSON Phone (Originator): X5569
Date Sent: 08/25/15 Date Required:
Return Signed Document to: KAREN WESSON Contract Termination Date:
VENDOR NAME: Date Finance Notified:
(Only required on contracts
20 000 and over or on any Grant) _
DATE OF COUNCIL APPROVAL: Date Risk Manager Notified:
(Required on Non-City Standard Contracts A reements
Has this Document been Specificall Account Number:
Authorized in the Budget? nYES ONO
Brief Explanation of Document:
BEDROSIAN TILE SIGNED LIMITED STREET LICENSE AGREEMENT FOR IMPROVEMENTS
IN THE RIGHT OF WAY FOR PARKING AND LANDSCAPING. EXHIBIT "B" ATTACHED.
MAYOR SIGNATURE REQUIRED.
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department). ""
Received:
Approval of Law Dept.: r
t
Law Dept. Comments:
Date Forwarded to Mayor. -
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments:
Disposition _ ,- �.
CE
Date Returned:
P Mayo s";W= ocv
CITY OF 4<I=Nr
C11Y CLERK