HomeMy WebLinkAboutPW16-361 - Other - Forterra NW / Cascade Land Conservancy - Other - 09/23/16 Records a aPd
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Document
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: Forterra NW/Cascade Land Conservancy
Vendor Number:
ID Edwards Number
Contract Number: 1'mu
This is assigned by City Clerk's Office
Project Name: Reconstruct Damaged Roadway Embankment at S 212th St & S 208th St
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Agreement granting temporary access for Project Construction
Contract Effective Date: September 23, 2016 Termination Date: March 1, 2017
Contract Renewal Notice (Days): N/A
Number of days required notice for termination or renewal or amendment
Contract Manager: Stephen Lincoln Department: Environmental Engineering
Contract Amount:
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Forterra owns real property at S 212th and S 2081h St. The City must reconstruct
damaged roadway embankment affecting portions of S 212 M St. The city needs to enter
and construction within a 60,000 square ft., portion of the project site. The city will
pursue acquisition for Forterra of a permanent slope easement.
As of: 08/27/14
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Agreement Granting
Temporary Access for Project Construction
North Fork Garrison Erosion Project
City of Kent Project Number: 16-3004
Owner: Forterra NW,which acquired title as Cascade Land Conservancy, a nonprofit charitable
organization
King County Tax Parcel Number: 072205-9004
Address: Vacant Land atS. 212th St.and S. 2081h St., Kent WA 98031
Possession Date/Agreement Date: September 23, 2016
This Agreement is entered into on the date shown above (the "Start Date") between the City of Kent,
Washington, a Municipal Corporation ("Kent" or "the City")and Forterra NW("Forterra"). The City and
Forterra will be referred to as the"Parties."
Background
1. Forterra owns real property(the "Forterra Property") located at S. 21211 St. and S. 2081h St., Kent
WA 98031. The property is located along S. 212u'St.,where the City must reconstruct damaged
roadway embankment affecting portions of S. 212th Street(the "Project"). Exhibit A, attached, is an
aerial photograph showing the Forterra Property.
2. To complete necessary embankment reconstruction, the City needs to enter,and construct upon
and within, a 60,000 square foot portion of the Forterra Property labeled "Temporary Access Area for
Project Construction" on Exhibit A. A legal description and drawing of the area are attached as Exhibit C
(two pages), The Parties also contemplate that if the City does not purchase the entire Forterra
Property as discussed below, then the City will pursue acquisition from Forterra of a permanent slope
easement("Slope Easement") over some or all of the 60,000 square feet subject to this Agreement, the
precise size being subject to future determination (as referenced in paragraph 8(c)below). As this
Agreement addresses only temporary access for the embankment reconstruction, any potential
acquisition of a Slope Easement by the City will be addressed in a future agreement between the Parties
separate and apart from this Agreement.
3. The Parties have had discussions in the past about the possibility of the City acquiring from
Forterra the entire Forterra Property. Separate and apart from the City's immediate need for access to
construct the Project,the Parties wish not only to continue to explore a possible purchase and sale of
the entire property but to do so within a prescribed and definite timeframe, Furthermore,the Parties
agree that the terms of a possible full-property acquisition should not be impacted to Forterra's
detriment by the City Project.
4. The City has not yet obtained an appraisal related either to the temporary access to/occupation
of the Forterra Property for the Project or for the possible future Slope Easement from Forterra, or for
the possible whole-property acquisition, Appraisals are being acquired as set forth below. Nonetheless,
City of Kent—Forterra Agreement Page 1
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Resolution of Signing Authority, and a completed City of Kent"Vendor Information Set-
Up Form" in the form attached as Exhibit B.
7. As of the Start Date,the City shall have temporary possession and use of the 60,000 square foot
access area for45 days for project purposes in order to construct the Project as soon as possible.
8. (a) Forterra's right to just compensation shall not be prejudiced in any way by executing this
Agreement or by accepting payment contemplated in paragraph 6 above.
(b) When the City makes payment in accordance with paragraph 6 above,the amount of the
payment shall be deemed the City's offer of just compensation for the temporary access granted by this
Agreement("Offer"). Forterra reserves the right to reject and counter the City's Offer,and preserves
Intact all legal rights to dispute,through the eminent domain process, if necessary,the City's Offer.
(c)Although this Agreement grants temporary access overthe 60,000 square foot area that is
depicted on Exhibit A and legally described in Exhibit C,the Parties recognize that if the City does not
ultimately acquire the entire Forterra Property but instead purchases only a Slope Easement,the Slope
Easement area may be less than 60,000 square feet in size;the ultimate size would be subject to future
determination by the City. The City's determination shall, if requested by Forterra, be accompanied by a
written explanation of the basis for the determination,and at Forterra's option the City will meet with
Forterra either in person or by conference call to answer questions and explain Its determination.
9. To afford Forterra the time and opportunity to fully investigate the City's Offer and to obtain an
appraisal of its own if it chooses to do so, and to afford both Parties ample opportunity to thereafter
negotiate a final resolution as to compensation without incurring expenses related to legal action, the
City agrees that unless requested in writing by Forterra,the City will not file a condemnation petition to
seek judiclal resolution as to compensation due for the temporary access granted herein any sooner
than 120 days after the Payment Date as defined in paragraph 6e above.
10. Forterra agrees that if agreement as to final compensation is not reached through eventual
negotiation,then upon the City's filing of a condemnation petition in Superior Court, Forterra will
stipulate as to the threshold Issue of public use and necessity by executing a "Stipulated Order of Public
Use and Necessity"to be drafted by the City at the Cityrs expense. j
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11. The Parties agree that Forterra's execution of this Agreement granting temporary access will be
recognized as,and will be accorded the same legal effect(pursuant to RCW 8.04.090)as,a judicial Order
Granting Immediate Possession and Use, including affording to Forterra the potential right to recover
attorney fees that arises by statute when (a) an owner has granted early possession and use, (b)
compensation is ultimately determined by the court or by jury, and(c)compensation awarded through
the court process exceeds by 10%or more than a written "30-day offer"(if any) made by the
condemning agency 30 days before trial.
12. Appraisal of, inquiry into,and pertinent deadlines regarding the City's possible purchase of the
entire Forterra Property:
City of Kent—Forterra Agreement Page 3
IN WITNESS WHEREOF,this Agreement has been entered into effective SeptembeAJ�2016.
Forterra NW,which acquired title as Cascade Land
Conservancy,a nonprofit charitable organization
By
Its;
CITY OF KENT
r
Appro
B
\ m ubaker, City Attorney
Exhibit List-Exhibits A through C
Exhibit A Aerial photo with overlay depicting the temporary access area
Exhibit B City of Kent Vendor Set-Up Form
Exhibit C Legal description of, and drawing of,temporary access area (two pages)
City of Kent—Forterra Agreement Page 5
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Vendor Set=up Form ❑ Address Change
wASHino7oH 'i!f?be €€`1 ed out b ,Venrdor ONLY .. __� .
r _ Vendor Number
FINANCE
990 Ea r.,,w A ,0 �.veet€e ® Flaw+ --. P na9�ca®P. o _ nnrs• i�dZj 8,a6_G93- a Fav• .r', 4in13-6-0l®._
• An incomplete form will create a delay in our payment(s)to you and your payment(s)
codubject to the IRS required back-up withholding.
Name, as it will appear 4n check (NOABBREVIATIONS)� Doing Business As.(If different than wime on check)
Payment Address Business Address
City State Zip City State Zip
Phone Number Accounts Receivable Contact
• • (check the appropriate box)
❑ Corporation ❑ Government Agency C1 Individual/Sole Proprietor ❑ Non-Profit ❑ Partnership
This business is
❑ Minority Owned ❑ Women Owned ❑ Both Minority and Women Owned ❑ Neither
Will you provide medical services to the City of Kent? ................................................................Yes No
Will you provide legal services to the City of Kent? ....................................................................Yes No
Will you provide services other than medical or legal to the City of Kent?....................................Yes No
I
Will you provide parts, supplies or materials to the City of Kent?..................................................Yes No
Do you pay sales tax to the State of Washington?........................................................................Yes No
if exem t from Form 1099 reporting, and check your qualifying exemption reason below:
❑ 1. Corporation, except there is no exemption for medical and healthcare payments
or payments for legal services
❑ 2. Tax Exempt Charity under 501(a), or IRA
❑ 3. The United States or any of its agencies or instrumentalities
❑ 4. A state,the District of Columbia, a possession of the United States, or any of their political subdivisions
❑ 5. A foreign government or any of its political subdivisions
Name (Owner of the Tax Payer Identification Number (EIN or SSN) as name appears on IRS or Social Security
i
Administration Records):
i
Social Security#: or Federal TIN:
Under penalties of perjury, 1 certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be
issued to me) and,
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding,or(b) I have not been
notified by the Internal Revenue Service (IRS)that I am subject to backup withholding as a result of a failure to
report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding.
Signature ► Date ►
fts27271ndd•2/04
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TAX LOT 0722059004
SLOPE EASEMENT
THE SOUTH 242 FEET OF THE WEST 300 FEET OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST,
W.M.
EXCEPT SOUTH 212T11 STREET.
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v S 212th Street
J�SWCORNEROFTHE
I NW 1/4 OF THE NE 114
IOF SECTION 7
1V IMPORTANT:
THIS IS NOT SURVEY,IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITI I
REFERENCE TO STREETS AND
OTHER LAND.NO LIABILITY IS
ASSUMED BY REASON OF
Project# 16-3004/PW 2015-050 RELIANCE HEREON,
SLOPE EASEMENT
LOCATED IN THE NE 1/4 OF SEC,07, KFNT
TOWNSHIP 22 N. RANGE 5 E,W.M. w..„.koT.. DRAWN BY: JAPF EXHIBIT
CITY OF I{ENT SDALFr 1^=60' A
LAND SURVEY SL<,CTTON DATE: 09/13/2016 '
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