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HomeMy WebLinkAboutPW16-361 - Other - Forterra NW / Cascade Land Conservancy - Other - 09/23/16 Records a aPd v k�iM . k V m env #� ICEAT 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 I 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 I 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 i 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 � s s ti v i np, s xi IP 7 cu U C Q U " i„ '� III O o 0 OQ X N nL O d a c k IL O e ` pd 1 i i ❑ New Vendor � _ ❑ .�, Reactivate Vendor 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 is EMI f�-- 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. WA v 4•+`Mir I I FORTERRA NW PARCEL � I �� , ����� PORTERPA NOV ci PARCEL U) �0722059M4 LL O U 2 300' F— O 0 200' O Z ---- EXISTING R/W 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 ' I i