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HomeMy WebLinkAboutCAG2019-184 - Other - Sount Transit - Federal Way Link Extension Project Entry Agreement: Design & Wetland Assessment - 7/13/2017 R/W No.: FL301 Federal Way Link Extension ENTRY AGREEMENT Design and Wetland Assessment This Entry Agreement ("Agreement") is between the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("SOUND TRANSIT"),a regional transit authority of the State of Washington and CITY OF KENT, a municipal corporation ("Owner"). This Agreement is effective as of the date Owner signs below(the"Effective Date"). RECITALS Owner owns certain real property ("Property") described below. Sound Transit wishes to gain access to the Property for the purpose(s) described below. Owner is willing to graft Sound Transit access to the Property on the terms and conditions of this Agreement. The Property is described as follows: Parcel Address: VACANT LOT IN CITY OF KENT Parcel Number: 282204-9017 1. Grant of License. Owner grants to Sound Transit a non-exclusive license of reasonable access to the Property for a period of eighteen(18) months from the Effective Date, for the purpose of completing Design and Wetland Assessment activities. • Design Assessment will gather site-specific information on the property for the collection, preparation or verification of design documentation or data. Individuals may use portable hand held computers,digital or tape measures,cameras,design documents and sketch pads to assist in the collection of the information. If area contains blackberry bushes or thick brush, cutting may be required to gain access. Work will typically take I to 3 days on the property per visit,and may require more than one visit. • Wetland Assessment will gather site-specific information on the property which includes a visual analysis of plant species, hydrologic conditions(presence of water source), and biologists will observe and identify the types of soils. No holes will be dug and no wetland flags will be placed on the property. A typical crew of biologists will consist of 2 to 3 individuals and will typically take I to 3 days on the property. Sound Transit will not permit any other party except Sound Transit's duly authorized representatives, employees, agents and independent contractors(collectively"Representatives")to enter or use the Property. 2. Contacts. In the event, Sound Transit and/or its designated Representatives cannot access some or all of the Property, the following representatives of the owner can arrange for access to the Property. Property Access: Name: MICHAEL MACTUTIS Title: ENVIRONMENTAL ENGINEER MANAGER Telephone#: 253-856-5520 Email: MMACTUTISna,KENTWA.GOV 3. Liability. While on the Property, Sound Transit will comply and will cause all Representatives to comply with all applicable government laws and regulations. Sound Transit and its Representatives will be responsible for any damage done to the Property by Sound Transit or its Representatives and will repair and restore the Property to as nearly as practicable the condition that existed before Sound Transit's or its Representative's entry onto the Property. Sound Transit also assumes all risk of injury to its Representatives which may arise from this Agreement and agrees to release and hold harmless the City of Kent, its officials, employees and agents for claims or lawsuits for damages for any personal injury,death or other harmful consequences arising out of this Agreement. 4. Governing Law/Captions. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Washington. 5. No Third Party Rights/Assignment. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies upon any person other than the parties and their respective employees and representatives. 6. License Agreement. This license does not constitute a real property interest and does not confer any rights upon Sound Transit other than the rights 06 Form Ol OA-FWLE ROE Revised 10/19/16 Design and Wetland Assessment Approved by Civil 10/19/16 WIN No.: FL301 expressly granted herein. This license may be revoked by Owner at any time by providing notice to Sound Transit's Real Property Agent Michael Masse at 206-909-6869. Central Puget Sound Regional Transit Authority: Owner: CITY OF KENT e�:Z i3 /7 Mike Bulzomi, SWWA Date S e e coke D e Senior Real Property Agent 06 Form 010A-FWLE ROE Revised 10/19/16 Design and Wetland Assessment Approved by Civil 10/19/16 s EQUEST FOR MAYOR'S SIGNATU Pr, , erry-Colored Paper., ting Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director' Originator: Cheryl Viseth for Mike Mactutis Phone (Origtna or � 5504 or 5520 Date Sent: July 11, 2017 Date Required: .7Uly 17, 2017 Return Signed Document to: Mike Mactutis Contract Termination Date: is months from date signed VENDOR NAME: Date Finance Notified: Central Puget Sound Regional Transit Authority"Sound Transit" (only required on contracts /A 20 000 and over or on any Grant) " DATE OF COUNCIL APPROVAL: N/A Date Risk Manager Notified:-- (Required on Non-City Standard Contracts/Agreements) Has this Document been Specificail Account Number: Authorized in the Budget? YES8NO -- Brief Explanation of Document: Parcel #: 282204-9017 Parcel Address: Vacant Lot in City of Kent grants Sound Transit non-exclusive access license to the property for a period of 18 months from the effective date to complete Design and Wetland Assessment activities for the Federal Way Link Extension. ---R ExQ1 c s Pus a Routed Through The Law Departmen (This area to be completed.b r e Law Department) Received: �` PP i �3 of Kent Approval of `�� / ,, r Law De t. CKtft it V D EPT L/� Office of the Mavor Date Forwarded to Mayor: a Shaded Areas To Be Completed By Administration Staff F ived: mmendations and Comments: Disposition: RECEIVED Date Returned: 1Civill ce singl equest for Mayor's Signatuiedoa CITY OF KENT CITY CLER pyorc YOW" bVlt o l tc� e Xuv � _ Records ManagP" e "ftt KENT Document WASHINGTON 44Iwaltin fv 11 CONTRACT COVER SHEET Coln f raJ 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: Central Puget Sound Regional Transit Authority "Sound Transit" Vendor Number: JD Edwards Number Contract Number: Pv 11 `H n This is assigned by City Clerk's Office Project Name: Federal Way Link Ext. Entry Agreement/Design & Wetland Assessment Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Entry Agreement Contract Effective Date: When signed by Mayor Termination Date: 18 mo. Fora date signed. Contract Renewal Notice (Days): N/A Number of days required notice for termination or renewal or amendment Contract Manager:Kke Mactutis Department• PW Envir,,n nental Contract Amount: N/A Approval Authority: ❑ Department Director ® Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Parcel-#. 282204-9017 Parcel Address: Vacar}t-Lot-in &ty--of-Kent grants Sound-Transit non-exclusive access license to the property for a period of 18 months from the effective date-ta-complete-design-and- wetland assessment activities. As of: 08/27/14