HomeMy WebLinkAboutCAG2020-219 - Original - Meet Me on Meeker - Russell to GRE - 07/09/2020Agreement Routing Form
For Approvals, Signatures and Records Management
Approval Originator: Department:
Date Sent: Date Required:
Authorized
to Sign:
Director or Designee
Mayor
Date of
Council
Approval:
Budget
Account
Number:
Grant?
Type:
Yes No Agreement Information Vendor
Name: Category:
Vendor
Number: Sub-Category
Project
Name:
Project
Details:
Agreement
Amount:
Basis for
Selection of
Contractor:
Start Date:Termination Date:
Notice required prior to
disclosure? Yes No Review/Signatures/Routing Date Received by City Attorney: Comments:
Date Routed to the Mayor’s Office:
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Date Sent to Originator:
Visit Documents.KentWA.gov to obtain copies of all agreements
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Contract Number:
adccW22373_6_19
C. Rolcik-Wilcox/M Madfai Public Works
7/8/20 7/9/20
N/A
4
R20091/19-3028
N/A
Riverwood Kent Apartments, LLC License
Meet Me on Meeker - Russell to GRE
Limited License Agreement for relocated fence in the right-of-way
0.00
4
Rcvd 7/8/2020
7/8/2020
CAG2020-219
LIMITED LICENSE AND MAINTENANCE AGREEMENT BETWEEN
THE CrTY OF KENT AND RTVERWOOD KENT APARTMENTS, LLC
PARTIES
THIS LIMITED LICENSE AND MAINTENANCE AGREEMENT ("License") is
between the CITY OF KENT, a Washington Municipal Corporation ("City"), and
RMRWOOD KENT APARTMENTS, LLC, a Washington limited liability company
("Licensee").
RECITALS
A. The City is constructing sidewalk improvements on West Meeker Street
adjacent to the Riverwood Apartments ("sidewalk Improvements"). The
improvements are part of the overall "Meet Me On Meeker" standard that will provide
a wide promenade to include a new wider sidewalk and bike path with planter strips,
lighting, benches and other amenities to match the look of recently completed and
planned improvements to the east and west.
B. To accommodate the Sidewalk Improvements, the City has offered to
relocate a portion of Licensee's fence ("Fence") from Licensee's property onto the
sidewalk in City right-of-way.
C. The relocation of the Fence to the right-of-way will help achieve
aesthetic goals for the Sidewalk Improvements.
D. This License authorizes the relocation of the Fence in the right-of-way
and delegates responsibilities of maintaining the Fence to Licensee.
NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS:
LICENSE
1. License Granted. The City hereby grants to Licensee, subject to the
terms and conditions set forth below, a limited license ("License") for the Fence to be
relocated in front of the Riverwood Apartment buildings located at24620 Rusell Road,
Kent, WA 98032 along the City's right-of-way described in Exhibit A.
2. Term. The term of this License shall be 10 years. The term will
automatically renew for additional 1O-year renewal terms unless terminated as
provided in Section 6.
LIMITED LICENSE AND MAINTENANCE AGREEMENT--Page 1 of 5
(between City of Kent and Riverwood Kent Apartments, LLC)
3. Relocation and Installation of Fence. The City will relocate the
Fence from Licensee's property onto the sidewalk in City right-of-way in the location
described in Exhibit A. As part of this relocation, the City will also install any additional
fencing necessary to ensure the Fence is continuous and without gaps. The City will
repair any damage to the Fence caused by its relocation or from the construction of
the Sidewalk Improvements.
4. Ownership and Maintenance of Fence.
4.L Licensee shall be and remain the owner of the Fence.
4.2 Following the relocation of the Fence, Licensee shall maintain the Fence
in a safe condition to the satisfaction of the City. Licensee shall make repairs at
Licensee's cost within thirty business days after receiving notification of the required
repairs. If Licensee fails to make the repairs within this timeframe, the City at its sole
discretion, ffidy have the repairs completed and then bill the Licensee for the cost of
the repairs.
5. Emergency. In the event of any emergency in which any portion of
the Fence breaks, becomes damaged, or in any other way becomes an immediate
danger to the property, life, health, or safety of any individual, the City retains the
right to take necessary, appropriate or useful measures in response. The Licensee
shall reimburse the City for the cost of any emergency repairs.
6. Revocation and Termination. The intent of this License is to
authorize Licensee to maintain its Fence 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; 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 right-of-way. 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 180 calendar days' written notice of termination or revocation.
Upon receipt of such notice, the City and Licensee agree to work together to reach a
resolution on the removal of the Fence from the right-of-way.
7. Modification. This License may not be modified, altered, or amended
unless first approved in writing by the City.
8. Assignment. 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.
LIMITED LICENSE AND MAINTENANCE AGREEMENT--Page 2 of 5
(between City of Kent and Riverwood Kent Apartments, LLC)
9. Compliance with Laws. Licensee shall comply with all federal, state,
and municipal laws, rules, and regulations that are applicable to this License.
10. 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 Couft 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.
11. 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 pafty, 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
Riverwood Kent Apartments LLC
Attn: Jenna Ashbrook
24620 Russell Road
Kent, WA 98032
L2. 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.
13. 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).
L4. 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.
15. Counterparts and Signatures by Fax or Email. This Agreement
may be executed in any number of counterparts, each of which shall constitute an
original, and all of which will together constitute this one Agreement. Further, upon
executing this Agreement, either party may deliver the signature page to the other
by fax or email and that signature shall have the same force and effect as if the
Agreement bearing the original signature was received in person.
LIMITED LICENSE AND MAINTENANCE AGREEMENT--Page 3 of 5
(between City of Kent and Riverwood Kent Apartments, LLC)
below
This License is executed and shall become effective as of the last date signed
CITY OF KENT LICENSEE
By:By
Pri nt me: Jenna AshbrookPrint Name: Dana Ralph
Its: Mayor
Date:
Its: General Manager & VP
Date:7 -9 -Jo a-o
LIMITED LICENSE AND MAINTENANCE AGREEMENT--Page 4 of 5
(between City of Kent and Riverwood Kent Apartments, LLC)
07/09/2020
EXHIBIT A
DESCRIPTION OF THE PROPERTY
(attached)
LIMITED LICENSE AND MAINTENANCE AGREEMENT--Page 5 of 5
(between City of Kent and Riverwood Kent Apartments, LLC)
^-flr|ROW q-----r'FJo=a21.5't10'1.O7-.l!!e!'g!E!-- -EXISTING ASPHALTCONCRETE PAVEMENT1.5'CURB AND__s+=__ZONEEXISTING CONCRETECURB AND GUT]ERTO BE REMOVEDSHARED USEPAIHWAYG ffiADE-LCURBEXIS'IING CONCREIESIDEWALK TO BEREMOVEDPROPOSED2"CONDUITWTH 4"SAND COVER ANDBTDDINGTHICKENED EDGE SIDEWALKAND 4" PVCO" MIN, COVERTYPICAL 23, PROMENADE SECTIONNOT TO SCALEExhibit Arelocatedat back of1.OZWALKZONE=otIPage 1EXHIBIT A
EXHIBIT ''A''Page 2EXHIBIT A (page 2)