HomeMy WebLinkAboutEC16-045 - Original - Grandview Apartments, LLC - Limited License Agreement for Paves Sidewalk & Stairs - 02/08/2016 cords M
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KENO' Document
W I.SHIHGTON
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: Grandview Apartments, LLC
Vendor Number:
JD Edwards Number
Contract Number: EC11LO`6
This is assigned by City Clerk's Office
Project Name: License Agreement for installation of paved walkway and stairs.
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: 2/8/16 Termination Date: 2/8/26
Contract Renewal Notice (Days). Automatic Renewal upon expiration
Number of days required notice for termination or renewal or amendment
Contract Manager: Erin George Department: ECD
Contract Amount: N/A
Approval Authority: ❑ Department Director ❑ Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
As of: 08/27/14
LIMITED LICENSE AGREEMENT BETWEEN
THE CITY OF KENT AND
GRANDVIEW APARTMENTS, LLC
PARTIES
THIS LIMITED LICENSE AGREEMENT ("License") is between the CITY OF
KENT, a Washington municipal corporation ("City"), and GRANDVIEW
APARTMENTS, LLC, a Washington limited liability company ("Licensee").
RECITALS
1. Licensee seeks to install a paved pedestrian walkway, including stairs,
within and upon the City's property, identified as Tax Parcel No. 152204-9173
("Property"), immediately adjacent to Licensee's property, identified as Tax Parcel
No. 152204-9172, also referred to as the "Grandview Apartments;" and to maintain
the same for the benefit of the general public, including, without limitation, the
residents of the Grandview Apartments.
2. Licensee has requested that the City grant a license to use the City
Property to install and maintain the pedestrian walkway, as described herein, and
to undertake sole responsibility and liability for any negligent performance of the
same.
3. The City has agreed to issue this license, pursuant to the following
conditions.
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 and maintain a paved pedestrian walkway,
including stairs, along with any necessary appurtenances, within and upon a portion
of the City's Property, as legally described in Exhibit A, attached hereto. 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 for the paved
pedestrian walkway, including stairs, along with any necessary appurtenances, on
the Property is on file with the City of Kent under civil permit #RECC-214315. A
graphical depiction of the general location of the walkway and related
improvements ("Walkway") is attached hereto as Exhibit B ("Licensed Area"). This
License is subject to all the terms and conditions established below.
LIMITED LICENSE - Walkway
(City of Kent and Grandview Apartments, LLC) Page 1 of 8
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2. Damage to Property and Restoration. Licensee shall repair any
damage to the Property caused by the installation, construction, operation,
maintenance, removal, repair, reconstruction, replacement, use, or inspection of
the Walkway 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, except as expressly authorized in advance by
the City. Any portion of the Walkway, including any appurtenances thereto, that
the City allows to remain shall, upon expiration of the License, become the sole
property of the City without any reimbursement for the remaining value thereof to
Licensee. This restoration obligation shall survive the expiration of this License
3. Revocation and Termination. The intent of this License is to
authorize Licensee to install and maintain a paved pedestrian walkway, including
stairs, along with any necessary appurtenances, within and upon the City's
Property, which 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 freely 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, except where immediate
revocation is expressly authorized elsewhere in this License. Upon receipt of such
notice from the City, Licensee is required to remove all portions of the Walkway and
related appurtenances, and restore the Licensed Area pursuant to Section 2, above,
unless authorized to remain pursuant to the terms of Section 2. If Licensee fails to
remove the Walkway within the allotted time, the City may remove all or part of the
Walkway, 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
Walkway.
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 Walkway. Licensee's failure to comply
with this Section 4 shall constitute grounds for immediate revocation of this License
by the City.
5. Maintenance. Licensee shall maintain the paved pedestrian walkway,
including stairs, and any necessary appurtenances, along with the rest of 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 improvements
related to the Walkway, and shall keep the same in good and safe repair, order and
condition. Such duties shall include, but not be limited to: maintenance of the
paved pedestrian walkway on the City's Property, prompt repair of any damages or
defects along or immediately adjacent to the paved pedestrian walkway, and
LIMITED LICENSE - Walkway
(City of Kent and Grandview Apartments, LLQ Page 2 of 8
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removal or repair of obstacles within the Licensed Area or any immediately adjacent
portions of the City's Property.
6. Emergency. In the event of an emergency in which any portion of
the Walkway becomes unexpectedly damaged, or in any other way constitutes an
immediate danger to the property, life, health, or safety of the public, 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.
7. Indemnification. Licensee shall comply with the following
indemnification requirements:
7.1 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.
7.2 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.
7.3 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 7
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.
7.4 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 7, 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 for
recovery under this Section 7 indemnification clause.
7.5 The provisions of this Section 7 shall survive the expiration or
termination of this License.
LIMITED LICENSE - Walkway
(City of Kent and Grandview Apartments, LLQ Page 3 of 8
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S. 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 any work by Licensee made pursuant to this
License. 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.
8.1 Before beginning work on the project described in this License,
Licensee shall provide a Certificate of Insurance evidencing:
8.1.1 Automobile Liability insurance with limits no less than
$1,000,000 combined single limit per accident for bodily injury and property
damage; and
8.1.2 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.
8.1.3 Excess Liability insurance with limits not less than
$2,000,000 per occurrence and aggregate.
8.2 Any payment of deductible or self-insured retention shall be the
sole responsibility of Licensee.
8.3 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.
8.4 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.
8.5 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.
LIMITED LICENSE - Walkway
(City of Kent and Grandview Apartments, LLC) Page 4 of 8
9. Modification. This License may not be modified, altered, or amended
unless first approved in writing by the City.
10. 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, benefits, and
privileges in and under this License to a subsidiary, parent, affiliate or company
having common control with Licensee; and then only so long as notice of the 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 the assignment as provided above.
11. Compliance with Laws. Licensee shall comply with all federal, state,
and municipal laws, rules, and regulations that are applicable to this License.
12. 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 any 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 7.
13. 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 Grandview Apartments,,LLC
Attn: City Clerk delee t�u eft. 12 emu'
220 Fourth Avenue South Szll�v�� t wA 9$oo+
Kent, WA 98032
Email: Cityclerk@kentwa.gov
14. 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.
15. Warranty of Authority to Execute. Each person executing this
License warrants that he or she has the requisite authority to bind the party for
whom that person is executing.
LIMITED LICENSE - Walkway
(City of Kent and Grandview Apartments, LLC) Page 5 of 8
16. 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 LICENSEE
(CITY OF KENT) (GRANDVIEW APA64ENTS, LLC)
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Print'Ngme UZETTE COOKE Print Name:
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Date: „ Date: c«ttv. aopG
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LIMITED LICENSE - Walkway
(City of Kent and Grandview Apartments, LLC) Page 6 of 8
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
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.
P. /?/ fill
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NOTARY PUBLIC, in and for the State
s of Washington, residing at
My appointment expires ' `_•
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Approved:
Law Department
By. DaVA f3 rGI zir4
LIMITED LICENSE - Walkway
(City of Kent and Grandview Apartments, LLQ Page 7 of 8
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STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Cg,atA
fl uorc�ey% is the person who appeared before me, and said person acknowledged
that he/she signed this instrument, on oath stated that he/she is authorized to
execute the instrument on behalf of(-:Y X". (vtRw f«:+ �,r as itsKawtje.5 Ne r
nemb_,v , 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.
y /vatr.
NOTARY PUBLIC, in and for th}e State
of Washington, residing at &xz 1<'
My appointment expires
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LIMITED LICENSE - Walkway
(City of Kent and Grandview Apartments, LLQ Page 8 of 8
EXHIBIT A
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 15,TOWNSHIP 22 NORTH, RANGE 4 EAST OF
THE W.M.M, IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF TRACT R, OF CITY OF KENT LOT LINE ADJUSTMENT
LL-2001-16 AS RECORDED UNDER KING COUNTY RECORDING NUMBER 20010917002389,,
THENCE S89°42'51"W,ALONG THE NORTH LINE OF SAID TRACT R, 69.79 FEET TO THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED TRACT;
THENCE S17°17'08"E 250.35 FEET TO A POINT OF TANGENCEY WITH A 1969.00 FOOT RADIUS, CIRCULAR
CIRVE TO THE RIGHT,
THENCE SOUTHERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 13°42'34"AND ARC
DISTANCE OF 471.13 FEET TO A POINT OF TANGENCY;
THENCE S03°34'34"E 283.76 FEET TO A POINT OF TANGENCY WITH A 2431.00 FOOT RAIDIUS, CIRCULAR
CURVE TO THE LEFT;
THENCE SOUTHERLY ALOND SAID CURVE,THROUGH A CENTRAL ANGLE OF 00°06'47"AN ARC DISTANCE
OF 4.80 FEET TO THE NORTH LINE OF THE SOUTH 1000,00 FEET OF THE NORTHWEST QUARTER OF SAID
SECTION 15;
THENCE N89°51'29"W ALONG SAID NORTH LINE, 164.04 FEET TO A POINT ON THE WEST LINE OF
AFORESAID TRACT R;
THENCE ALONG THE BOUNDARY OF SAID TRACT R THE FOLLOWING SAID EIGHT COURSES AND
DISTANCES;
THENCE NO3"51'20"E 4.56 FEET;THENCE N50*08'40"W 158.37 FEET;THENCE S75°51'20"W 110.56 FEET;
THENCE N00°05'40"W 93,00 FEET;THENCE N41°12'28"E 208.83 FEET;THENCE N89°50'48"E 45.27 FEET
THENCE N00"49'56"E 663,32 FEET TO THE NORTH LINE OF SAID TRACT R;THENCE N89°42'51"E 26.00
FEET,TO THE TRUE POINT OF BEGINNING.
ALSO KNOWN AS NEW PARCEL 3,OF CITY OF KENT RECORD OF SURVEY, RECORDING NUMBER
20130109900002, BEING A SUPPLEMENTAL SURVEY TO CITY OF KENT RECORD OF SURVEY, RECORDING
NUMBER 20071022900005, LEGAL DESCRIPTION BEING REVISED BY AFFIDAVIT OF MINOR CORRECTION
20130215001969, RECORDS OF KING COUNTY,WASHINGTON.
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REQUEST FOR MAYOR'S SIGNATURE
® T Print on Cherry-Colored Paper
KEN
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director
Originator: Erin George Phone (Originator): X5436
Date Sent: 2/8/16 Date Required: 2/10/16
Return Signed Document to: Erin George Contract Termination Date: approx 2/8/26
VENDOR NAME: Date Finance Notified:
Grandview A artments, LLC (Only required on contracts �/�
p 20 000 and over or on an Grant
DATE OF COUNCIL APPROVAL; N/A Date Risk Manager Notified: N/A
(Required on Non-City Standard Contracts/Agreements)
Has this Document been Specifically Account Number:
Authorized in the Budget? YES ® NO
Brief Explanation of Document:
A Limited License Agreement granted to Grandview Apartments, LLC to install a paved
pedestrian walkway, including stairs, on the City's property. The License is granted for
ten years and shall automatically renew at the end of the Term, and a new ten-year
Term shall commence unless terminated.
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law-Department)
Received: _
Approval of Law Dept.:
Law Dept. Comments:
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Recelved:
Recommendations and Comments i'
DISpO5ltlOn. , .t :' f/' =/ !
t x
Date Returned:
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