HomeMy WebLinkAboutCAG2019-483 - Original - Partial Settlement Agreement -S 228th St UPRR Grade Separation Project Agreement Routing Form
KEN T For Approvals,Signatures and Records Management
WASHINGTON
This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Originator: Cheryl Rolcik-Wilcox Department. Public Works
Date Sent: 10/2 5/2019 Date Required:
o Authorized � Director or Designee Date of
a, to Sign: Council
IL
Mayor Approval:
Budget Grant? Yes ❑ No
Account
Number: Type: N/A
Vendor
Name: American Wholesale Florist Category: Other
Vendor
c Sub-Category Other
o Number.
R Project
£ Name: Partial Settlement Agreement- S 228th UPPR Grade Separation Project
0
= Project
Oil Details: Speed Bumps and Signage
c
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Agreement Basis for
y Amount. Selection of
Contractor:
a Start Date: 10/24/19 Termination Date: N/A
Notice required prior to Yes No Contract Number: L/ &o2o1q — 4165 3
disclosure?
Date Received byCityAttorney: Comments:
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0
N
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Date Routed to the Mayor's Office:
N
a3i Date Routed to the City Clerk's Office:
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Date Sent to Originator.
Visit Documents.KentWA.gov to obtain copies of all agreements
adccW22373_6_19
Partial Settlement Agreement
Speed Bumps and Signage
South 228`h Street UPRR Grade Separation Project
City of Kent Project Number: 07-3022R
King County Tax Parcel Number: 132204-9339
Address: 7327 South 228`h Street, Kent, WA 98032
This Partial Settlement Agreement is entered into on the last date signed below between the City
of Kent, Washington, a Municipal Corporation ("City") and American Wholesale Florist dba
Denver Wholesale Florists ("DWF"). The City and DWF will be referred to as"the Parties."
Recitals
A. DWF owns real property (the "Property") located at 7327 South 228'h Street in Kent,
Washington. The City is constructing its South 228'h Street UPRR Grade Separation
Project(the"Project") along South 2280'.
B. To accommodate the City's Project, the City must perform work on the Property, which
has included construction of a new driveway for ingress and egress from the Property.
C. DWF reports that it has experienced vehicles visiting its facilities speeding on the new
driveway and as a result has requested that the City install additional improvements on the
driveway.
Now, therefore, the Parties agree as follows:
Agreement
1. The Recitals above are incorporated into the agreement between the Parties.
2. To accommodate DWF's request for additional improvements on the driveway,the Parties
agree that the City will install, at its cost, speed bumps and signage as requested by DWF
and as shown in Exhibit A attached and incorporated herein.
3. The City asserts that it has designed and constructed the driveway to industry standards
and that it is safe and functional, but in cooperation with DWF and as part of the Parties'
continuing efforts to resolve all claims resulting from the Project's impacts on the Property,
the City has agreed to install the improvements requested by DWF in Exhibit A.
4. The terms in this Agreement are only a partial settlement of the dispute between the Parties
regarding the Project's impact on the Property. This Agreement is being entered into prior
I
to full settlement so that construction of the Exhibit A improvements may take place sooner
than it is anticipated full settlement will be reached.
5. No waiver, alteration or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by the duly authorized representatives of the City and
DWF.
6. The written terms of this Agreement, together with any exhibit attached hereto, shall
supersede all prior verbal statements of any officer or other representative of the City, and
such statement(s) shall not be effective or construed as entering into or forming a part of,
or altering in any manner whatsoever, this Agreement. Upon execution, this Agreement
shall supersede any and all prior agreements between the Parties regarding the
improvements in Exhibit A.
DATED: AMERICAN WHOLESALE FLORIST dba
DENVER WHOLESALE FLORISTS
By: 4�
Its: �G
DATED: 10—P.4 —I�_ CITY OF KENT
B
Timothy La
Director of Public Works
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