HomeMy WebLinkAboutCAG2020-375 - Original - Riverwood Kent Apartments, LLC - Sidewalk Improvements for West Meeker Street - 11/19/2020ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
o Director or Designee o Mayor
Date of Council Approval:
Budget Account Number:
Budget? o Yes o No
Grant? o Yes o No
Type:Review/Signatures/RoutingDate Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? o Yes o No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
o Yes o No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
November 19, 2020
AGREEMENT BETWEEN THE CITY OF KENT AND
RIVERWOOD KENT APARTMENTS, LLC
PARTIES
This Agreement ("Agreement") is between the CITY OF KENT, a Washington
municipal corporation ("City"), and RIVERWOOD KENT APARTMENTS, LLC, a
Washington limited liability company ("Riverwood") (each individually a "Party" and
collectively the "Parties") for the purposes set forth below.
RECITALS
A. The City is constructing sidewalk improvements on West Meeker Street
adjacent to the Riverwood Kent 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. There are 13 mature deciduous trees ("Trees") along Meeker Street that
lie adjacent to the newly planned Sidewalk Improvements in front of the apartment
buildings on Riverwood's property. Currently, the roots facing the street, north of the
Trees, are picking up water from the grass area. When the Sidewalk Improvements
are complete, these roots will be covered by the sidewalk and will no longer be able
to access water from that area. The City's arborists estimate that the Trees may die
after three to five years following completion of the Sidewalk Improvements.
C. The City and Riverwood have discussed the options of removing and
replacing the Trees during construction of the Sidewalk Improvements or waiting and
see if the Sidewalk Improvements affect the Trees. Riverwood has opted to monitor
the Trees and see how they perform over the next few years after the Sidewalk
Improvements have been installed.
THE PARTIES THEREFORE AGREE AS FOLLOWS:
AGREEMENT
1. Agreement.
1.1 The City agrees to replace any of the 13 Trees, as identified and
described in Exhibit A, that show signs of dying within the first five
years following completion of the Sidewalk Improvements along Meeker
Street on Riverwood's property.
1.2 Riverwood shall monitor the Trees during the term of this Agreement
and notify the City if Riverwood observes any signs that the Trees are
Agreement
(between the City of Kent and Riverwood Kent Apartments, LLC)
Page 1 of 4
dying. The City's arborist will inspect the Trees after being notified. If
the City's arborist determines that the Trees are showing signs of dying,
the City, at its sole cost, will remove the specific Trees, grind down the
stumps and replace the Trees with similar type trees at a size that are
easily transplantable, and plant them in a similar location to the existing
Trees.
1.3 The City shall not be responsible for removing and replacing any Trees
after this Agreement expires.
2. Term of Agreement. This Agreement shall commence on the date that
the City completes installation of the planned Sidewalk Improvements on Meeker
Street and will remain in effect for a period of five years.
3. Modification. This Agreement may only be modified, altered, or
amended by written agreement by both Parties.
4. Assignment. Riverwood shall not assign all or any portion of its rights,
benefits, or privileges, in and under this Agreement without prior written approval of
the City, which approval will not be unreasonably withheld or delayed.
5. Venue and Jurisdiction. This Agreement 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
Agreement, each Party shall be responsible for its own legal costs and attorney fees.
6. Notices. All notices, requests, demands, or other communications
provided for in this Agreement, 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: RIVERWOOD:
City of Kent RtU"-.0 aob K-"F �/c►Aep �c titS�Lc�
Attn: City Clerk — ML) t<-C eas
220 Fourth Avenue South fim S?roo pM4-fi,Q dsc_U61 Su
Kent, WA 98032
7. No Waiver of Rights. Nothing in this Agreement shall constitute a
waiver of either Party's right to challenge any portion of the Agreement that is not in
accordance with applicable federal, state and local laws.
S. Entire Agreement. This Agreement contains the entire agreement
between the Parties and, in executing it, the City and Riverwood do not rely upon
any statement, promise, or representation, whether oral or written, not expressed in
this Agreement.
Agreement
(between the City of Kent and Riverwood Kent Apartments, LLQ
Page 2 of 4
Mayor
11/19/2020
Agreement
(between the City of Kent and Riverwood Kent Apartments, LLC)
Page 4 of 4
EXHIBIT A
DESCRIPTION OF TREES