HomeMy WebLinkAboutCAG2020-152 - Original - DTC Properties, LLC - Limited License to Enter Property: 1st Avenue Plaza Park - 05/20/2020KENTAgreement Routing FormFor Approvals, Signatures and Records ManagementThis form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms.(Print on pink or cherry colored paper)WasHlNcroNDepaftment:Parks, Recreation & Community ServicesDate Required:t/nDate of Council Approval:,t/nGrant? tr Yes El NoType:Originator:Jan ApplegateDate Sent:06t01t2020Authorized to Sign:E Director or Designee E MayorBudget Account Number:ilnBudget? EIYes E NoGoLo.CLCategory:OtherSub-Category:*/nProjecr Name: 1st Avenue Plaza Park - Limited License to Enter PropertyProject Details: For use authorized: May 22,2020 - May 25,2020, or such other dates asthe parties may agree in writingBasis for Selection of Contractor:Termination Date:,t/*,t /eLocal Business? ElYes E No**lf meets requirements per KCC 3.70.100, please complete "Vendor Purchase-Local Exceptions" form on Otyspace.Contract Number:Vendor Name:DTC Properties, LLCVendor Number:rr/rnNotice required prior to disclosure?EYes E NoAgreement AmounL n/nStart Date: N/ftcoPcELorars+,coEooLE'lComments:Date Routed to the Mayor's Office:Date Routed to the City Clerk's Office:Date Received by City Attorney:E!c*,\ioa*o=EiIEg.9(nad(W223ii_1*20Visit Documents.KentwA.gov to obtain copies of all agreements
Use Authorized : May 22, 2A20 - May 25, 2Q2O, or such other dates as the parties rnay agree inwriting.DTC Properties, LLC ('Licensee") requires access to the Property to conduct repain o1the outside of Licensee's building, located at 215 lst Avenue Soutir-in Kent. The City bf Kent("Owner') is the legal owner of the Property and has the authority to grant Licensee access andtemporary use of the Property.The Owner hereby grants Licensee and its agents a revocable right f'Access Right") toenter the Property between the hours of 7:00 a.rn. and 10:00 p.m. to conduct repairs to'theoutside wall of Licensee's building. This Access Right allows Licensee to enter the property andmake use of its surface to repair Licensee's building. This Access Right does not grant Liclnseethe right co dig or otherwise accsss or use the Property's subsurface.The Licensee has Owner's permission to seek any permits that may be needed fiom theCity of Kent to use the Property as provided for in this License. The City's grant of this Licensedoes not release Licensee from any of its obligations to obtain applicablalocal, state, and federalpermits necessary to use the Property as contemplated by this License.The Access Right shail be valid from May 22, 2020 tluough May 25,2020, or such otherdates as the parties may agree to in writing, and because the right granted is a license, it isrevocable at the will of tlre Owner at any time by:delivering written notice to the Licensee by certified mail, return receipt requested, at thefollowing address:LINTTTED LICEN$E TO ENTER PROPERTYlstAvenue P\azaParkPark Name:Park Location:LIMITEDLICENSE TO ENTER PROPERTY{hen$er Ciq,afKent ord D?C Prapenia, LLC)219 lstAvenue S.Kent, Washinglon 98032Tax Parcel No.: 9825?0-0115(?roperty')Moou ChanDTC Properties, LLC8015 ltSrhcrsENcwcastle, WA 98056-9168or by delivering written notice to the Licensee in person at the following address:Moon ChanDTC Properties, LLC215 lstAvenue SouthKent, WA 98032Page I of2
Licensee agrees to repair any damage to the Propertycaused bythe Licensee's use of theAccess Right granted by this License, Upon revocation, termination, or expiration of thisLicense, Licensee shall restore the Property to its original condition that existed imrnediatelyprior to the issuance of this License. Such restoration obligation shall survive &e expiration ofthis License.Licensee further agrees to indemnify, defend, and hold the Owner harmless from andagainst any and all damages, losses, and expenses arising out of or resulting from any and allclairns, actions, injuries, damages losses, or suits, including all reasonable legal costs, witnessfees, and attorneys' fees, arising out of or in connection with the perlormance of any ofLicensee's rights, obligations, or use granted by this License, Except to the extent caused by thesole negligence ofthe City, its ernployees, agents, contractors, or invitees.The parties acknowledge that the Owner is both the owner of the Property and the localpermitting authority.EACH PERSON EXECUTINC THIS LIMITED LICENSE WARRANTS TFTAT SHEIHE H A STHE REQI]ISITE AUTHORITY TO BIND THE PARTY FOR WHOM THAT PERSON ISEXECUTING.DTCPROPERTIf,S,LLCCITY OF KENTBy:By:Narne: fr'16nn LfVktJName: Brian LevenhagenIts: C wnzrDeputy Director, Parks, Recreationand Community Scrvices Dept.5.oz-LIMITED LICENSE TO ENTER PROPtsRTY - Pagc 2 of2ihetweat L'ityt'{'Xebt qnd DTC Proper,i6, LLC)Its: