HomeMy WebLinkAboutCAG2020-150 - Original - Kent School District - Springbrook Elementary City Right of Way Paving Project - 05/27/2020KENT
REQUEST FOR MAYOR'S STGNATURE
Print on Cherry-Colored Paper
(ALL REeuEsrs Musr FrRsr
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*outJo'ltll3t"Ti'+li..tlw oeprnrmerr)
Approved by Director_
All Contracts Must Be Routed Through The Law Depaftment
(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
Originator, Amy WaterS Phone (orisinator) : 2 53 -856_ 5 569
Date sentt 05/04/ZO Date Required : g57g 7 / ZO
Return Signed Document ,o'Amy WatefS Contract Termination Date: ry74
VENDOR NAME:
N/A
Date Finance Notified:
(Only required on contracts
$20,000 and over or on anv Grant)N/A
DATE OF COUNCIL APPROVAL:Date Risk Manager Notified: N/A
(Req ui red on Non -City Sta ndard Contracts/Aq reements)
Has this Document been Specifi
Authorized in the Budqet? CtVe
cal
S NO
Account Number:
Brief Explanation of Document:
LIMIT LICENSE AGREEMENT WITH KSD AT SPRINGBROOK ELEMENTARY FOR PAVING A
PICK UP AND DROP OFF ZONE IN THE ROW. PLEASE RETURN EXECUTED DOCUMENT
TO ME AT AWATERS@KENTWA.GOV WHEN COPMPLETED.
THANK YOU,
AMY WATERS
ECD
Received:
Recommendations and Comments:
Date Returned:
Disposition
LIMITED LICENSE BETWEEN
THE CITY OF KENT AND
KENT SCHOOL DISTRICT
PARTIES
THIS LIMITED LICENSE ("License") is between the CITY OF KENT, a
washington Municipal corporation ("city"), and KENT scHool DrsrRrcr, a
corporation (" Licensee").
RECITALS
1. Licensee seeks to pave an area in the right of way for a drop off and
pickup zone on 100th Ave SE for the Springbrook Flementary School located at
20035 100th Ave SE in the City of Kent.
2. Licensee has requested that the City grant a license to use City right-
of-way to pave the above in accordance with permit plans on file with the City.
3. The City has agreed to issue this license.
NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS:
LICENSE
1. License Granted. The City grants this License ("License") for a
period of 10 years from the Effective Date (the "Term") for Licensee to pave an
area in the right of way for a drop off and pickup zone on 100th Ave sE at
Springbrook Elementary School ("Premises") across, along, in, upon, and under the
City's right-of-way described in Exhibit A ("Property"). This License shall
automatically renew for 2 additional lO-year renewal terms (each 10-year renewal
term upon the same terms and conditions) unless terminated as provided in Section
3 of this License. A general description and graphic of the plans and specifications
for the work is attached as Exhibit B ("Improvements"). This License is subject to
all the terms and conditions established below.
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, and inspection of
the Improvements on the Property. Upon revocation, termination, or expiration of
this License, Licensee shall restore the Property to its original condition prior to the
issuance of the License. Such restoration obligation shall survive the expiration of
this License.
LIMITED LICENSE--Page 1 of 10
(between City of Kent and Kent School District)
3. Revocation and Termination. The intent of this License is to
authorize Licensee to install 2 portables on the designated City right-of-way, which
right-of-way constitutes a valuable property interest owned by the City. This
License does not grant an estate in the land described as the Property; 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 Property. As a License upon real property, it is 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 (15) calendar days'written notice of
termination or revocation. Upon receipt of such notice from the City, Licensee is
required to remove all Improvements restore the Property pursuant to Section 3. If
Licensee fails to remove the Improvements within the allotted time, the City may
remove all or part of the Improvements, restore the Property, 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 Improvements.
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 federalpermits necessary to install, construct, operate, maintain, remove. repair,
reconstruct, replace, use, and inspect the Improvements. Licensee's failure to
comply with this Section 4 shall constitute grounds for immediate revocation by theCity. The consideration in Section 2 is in addition to any fees required for
applicable local, state, and federal permits.
5. Maintenance. Licensee shall maintain the Improvements and
Propefty in a clean, well-kept, orderly and safe condition to the satisfaction of the
City and at its sole cost. Licensee shall promptly make repairs at Licensee's cost,
as necessalY, to ensure the Improvements and Property are kept in good condition
to the satisfaction of the City.
6. Emergency. In the event of any emergency in which any portion of
the Improvements breaks, becomes damaged, or in any other way becomes an
immediate danger to the property, life, health, or safety of any individual, 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 (2) succeeding business days.
7. fndemnification. Licensee shall comply with the following
indem nification requirements :
7.L Licensee shall defend, indemnify, and hold the City, its officers,
officials, employees, agents, assigns, and volunteers harmless from any and all
LIMITED LICENSE--Page 2 of 10
(between City of Kent and Kent School District)
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
indem n ification .
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 pafty 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 and also
including the City's costs, including all legal costs, witness fees and reasonable
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.
L lnsurance. 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 the work by Licensee. 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
8.1 Before beginning work on the project described in this License,
Licensee shall provide a Certificate of insurance evidencing:
8.1.1 Automobile Liabilitv insurance with limits no less than
$1,000,000 combined single limit per accident for bodily injury and property
LIMITED LICENSE--Page 3 of 10
(between City of Kent and Kent School District)
damage;
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 Licensor. Licensor waives no rights
and Licensee is not excused from performance if Licensee fails to provide Licensor
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 (30) calendar days prior written notice
electronically and by United States mail of any cancellation, suspension or material
change in coverage.
9, Modification. This License may not be modified, altered, or amended
unless first approved in writing by the City.
10. llssignment. 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. Licensee
shall, no later than thirty (30) days prior to the date of any proposed assignment,
file written notice of intent to assign the License with the City together with the
assignee's written acceptance of all terms and conditions of the License and
promise of compliance. Notwithstanding the foregoing, Licensee shall have the
right, without such notice or such written acceptance, to moftgage its rights,
benefits, and privileges in and under this License to the trustee for its bondholders
and assign to any subsidiary, parent, affiliate or company having common control
with Licensee so long as notice of same is provided to the City and provided
LIMITED LICENSE--Page 4 of 10
(between City of Kent and Kent School District)
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 such 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 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
Attn: City Clerk
220 Fourth Avenue South
Kent, WA 98032
L4. 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, 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).
16. Warranty of Authority to Execute. Each person executing this
License warrants that he/she has the requisite authority to bind the party for whom
that person is executing.
This License is executed and shall become effective as of the last date signed
below.
LIMITED LICENSE--Page 5 of 10
(between City of Kent and Kent School District)
CITY OF KENT
By:
Print Name:
LICENSEE
Print Name
Its:Its:
Date Date:
E\Ctviienc\H,ErrsmruQuhCbinDor{l,fi sr\Urfi !d Llcttr. Af lfi ns{.dqs
LIMITED UCENSE--Page 6 of 10
(between Clty of Kent and Kent School Dlstrlct)
\.nnct"VtS
STATE OF WASHINGTON )
ss
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Dana Ralph 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 yea r first above written.
I I
e BR/,I I
'+,/
lezl /n'n ='
NOTARY PUBLIC, in and
of Washington, residing
My appointment expires
for the State
:'
at
:\
folrle
LIMITED LICENSE--Page 7 of 10
(between City of Kent and Kent School District)
STATE OF WASHTNGTON )
COUNfi OF KING )
I herebvhotrur!- it
certify that I know or have satisfactory evldence that fuu,A
the person who appeared before me,
that @/€he signed this instrumen t, on oath stated
and said Derson
that G/she ls
ss,
acknowledged
authorized
c\a''r.
to
execute the instrument on behalf of Ken! SchootDiq$'rc t as its Diw
.--3--, and such execution to be the free and voluntary act of such party for the
uses and purposes mentioned in the foregoing instrument.
-Notery Seal Must Appear Wtthln Thls Box'
IN WITNESS WHEREOF, I have hereunto set my hand and offlclal
seal the day and year first above written.
R
(ar l4r ?. w. \ Le rsa-,
NOTARY PUBLIC, in and for the State
"r{of Washington, reslding at V-e
My appointment expi res A-aL4-AoJg
lg
Itttl
LIMITED LICENSE--Page I of 10
(between City of Kent and Kent School Distrlct)
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PORTION OF S HALF NE QTR SE QTR STR 06-22-05 DAF: BEGINNING AT POINT
16.5 F'T WEST AND 341.30 FT NORTH OF SE CORNER THEREOF TH S89.58.10W
652.89 FT TH NOO.O4-12E 320 FT TO N LINE OF SAID SUBDIVISION TH EAST TO W
LINE OF E 16.50 FT TH SOUTH TO POB; EXC PORTION WITHIN COUNTY ROAD;
TGW E 330 FT OF N HALF OF NE QTR SE QTR STR 06-22-05; EXC E 16.5 FT AND
EXC PORTION THEREOF WITHIN COUNTY ROAD; TGW PORTION OF N HALF NE QTR
SE QTR STR 06-22-05 DAF: BEGINNING AT NE CORNER OF SAID SUBDIVISION TH
S89.55.50W ALONG N LINE THEREOF 330 FT TH SOO.O4-12W ALONG W LINE OF E
330 FT OF SAID SUBDIVISION 1BO FT TO TPOB TH CONTTNUING SOO-04-12W
ALONG SAID LINE 481.01 FT TO S LINE OF SAID SUBDIVISION TH S89-59-1OW
ALONG SAID LINE 75 FT TH NO4-04-12E 315.56 FT TH N89-59-1OE 30 FT TH NOO-
o4-r2E 63 FTTH N23-46-12E 111.96 FTTOTPOB
LIMITED LICENSE--Page 9 of 10
(between City of Kent and Kent School District)
EXHIBIT B
9I INE NUKI dEHN
MOST DRIVEWAY.
L
t-.i
F e.e'
10.0'
PROVIDE
4.O CLEAR
!
5-O'4" wlDE WHITE
PAVEMENT MARKING
ORIVEWAY APFNOACI.I
PER CITY OF KENT
STANOARD DETAIL
644,
30.o illl
30.0'I
t
----c=n ren oF DRrvEwAvl- N rs6zzs.44
E 1300243.60
8.O'
o.oo
oD6
SPRINGBROOK ES
SITE
,i
il
'18.o'
4" wlDE WHITE
TYP
DRIVEWAY APPROACH
PER CITY OF KENT
STANDARD DETAIL
6.44.46.0,
DRIVEWAY
N 156569.25
E 1300243,12
8.5:R9.O'
na.d'CONTRACTOR SHALL
REPLAC€ EX. STREET
LIGHT IiEAO WITH NEW
5.9,
THE CITY OF KENT
STANDARDS
16_
.3'
43.4',
4.6'
l- i"tr'
2O3RD SE
l' :-.
tr[TGTtr
2215 }{ctr 30{r Steet Suite 3C0
Tacoma,WA9848
253ffi.242.ft- 2533S25/2 F x
SPRINGBROOK ELEMENTARY SCHOOL
CSK 1LIMITED LICENSE AGREEMENT
DRAWN BY: DN DA-IE:411712Q JOB NO.:2190435