HomeMy WebLinkAboutCAG2020-424 - Original - Kent School District - Limited License for Paving Pickup/Drop Off Zone at Meridian Elementary - 05/27/2020KENT
REQUEST FOR MAYOR'S SIGNATURE
Print on Cherry-Colored paper
(ALL REeuGsrs Musr FrRsr rr *o-ff?ill1ilH +lir"ili,tr oenaerr.renrl
Approved by Dlrectot--
All contracts Must Be Routed rhrough rhe Law Depaftment
shaded Areas To Be completed By Adminlstration staff
@ Returned to
Received
Recommendations and Comments
Disposition A'M[ t,\a{ers (e.4r
O
o^O 3 to
obtain the recorded version of
this docunnent.
originator,Amy waters Phone (Originator): 253-856-5569
Date Sent: AS/Zg/ZO Date Required: 9679 S/ZA
Return S igned Docu men t to'Amy Wate rs Contract Termination Date: N/A
VENDOR NAME:
N/A
Date Finance Notified:
(Only required on contracts N/A
DATE OF COUNCI L APPR,OVAL Da te Ris k M a n ag er N otified N/A
Has
Auth
this Document been
in the Bud et?ES a NO
Aecount Number:
Brief Explanation of Document
LIMIT LICENSE AGREEMENT WITH KSD AT MERIDIAN 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
(Th's area to be completed by the Law Departfient)
Law D
Received: |une 1,2020
Approval of Law Dept.:
Da edtoM
Date Returned:
M.M.
02/01/2021 - Pulled recorded
version from King County
website.
2t1t2021 Landmark Web Offcial Records Search
Instrument Numberz 20200617000485 Document:AG Rec: $113.50 Page-l of 11
Record Datez6/17/2020 9:06 AM
Electronically Recorded King County, WA
Return Address:
City Clerk's Office
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Please or inlbrmation N STATE RECORDER'S Cover Sheet
I am requesting an emergency nonstandard recording lbr an additional fee as provided in RCW
36,18.010. I understand that the rccording processing rcquirements may cover up or otherwise
obscure some part of the text of the original document.
Signature of Requesting Party
therein): (all areas applicable to your document must be filled iny
Limited License Agreement
Document Title(s) (or
or released:
Additional ret-erence #'s on pages 10 of
Reference Number(s) of
Grantor(s) (Last name. first name. initials)
City of Kent
Additionat names on page _ of document
Grantee(s) (Last name first, then first name and initials)
Kent School District
Additional names on page of docurnent.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Portion of S Half NE QTR SE QTR STR 06-22-05
Additional legal is on page _ of document.
Assessor's Property Tax Parcel/Account Number
06220590s9
E Assesor Tax # not yet assigned
The Auditor/Recorder will rely on the inlbrmation provided on the form. The staff will not read the document to
the herein.or the information
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Instrument Numberi 20200617000485 Document:AG Rec: $113.50 Page-2 of ll
,Record Date:6/17 /2020 9:06 AM King County, WA
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LIMITED LICENSE BETWEEN
THE CITY OF KENT AND
KENT SCHOOL DISTRICT
PARTIES
THIS LIMITED LICENSE ("License") is between the CITY OF KENT, awashington Municipal corporation ("city"), and KENT scHool DrsrRrcr. a
corporation (" Licensee" ).
RECITALS
1. Licensee seeks an area in the right of way for a drop off andpickup zone on 100th Ave SE
20035 100th Ave SE in the City
Springbrook Elementary School located at
2. Licensee has req the City grant a license to use City right-
of-way to pave the above in accord permit plans on file with the City
3. The City has agreed to issue
NOW, THEREFORE, THE CITY AND LICETF AGREE AS FOLLOWS:
LrcENsE o-
1. License Granted. The City nrun@* License ('.License,,) for aperiod of 10 years from the Effective Date (the *{ifi+7,, for Licensee to pave anarea 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 thecity's right'of-way described in Exhibit A ("property"). This License shall
automatically renew for 2 additional lO-year renewal terms (each to-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 anydamage to the Property caused by the installation, construction, operation,
maintenance, removal, repair, reconstruction, replacernent, use, and inspection of
the Improvements on the Property. Upon revocation, termination, or expiration ofthis 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--Pa9e 1 of 10
(between City of Kent and Kent School District)
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Instrument Number: 20200617000485 Document:AG Rec: $113.50 Page-3 of 11
,Record Date:611712020 9:06 AM King County, WA
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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.
required to remove all Imp
Upon recelpt of such notice from the City, Licensee is
ents restore the Property pursuant to Section 3. If
Licensee fails to remove
remove all or part of the
rovements within the allotted time, the City may
restore the Propefty, and recover the costs
of such removal and m Licensee. Licensee waives any right it may
have to any claim for damages kind incurred as a result of the City's removal
of all or part of the Improve
4. Permits Required.grant of this Llcense does not release
Licensee from any of its obligations n applicable local, state, and federalpermits necessary to install, co operate, maintain, remove, repair,
reconstruct, replace, use, and inspect provements. Licensee's failure to
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 thisLicense. However, this emergency work shall not relieve Licensee from its
obllgation 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
indemnlfication requirements :
7.1 Licensee shall defend, indemnify, and hold the City, its officers,
officials. employees, agents; assigns, and volunteers harmless from any and alt
LIMITED LICENSE--Page 2 of 10
(between City of Kent and Kent School Distrtct)
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,Record Date:6/17 /2020 9:06 AM King County, WA
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
indemnification.
7.3 These ification obligations shall extend to any claim,
action or suit that may be s by compromise, provided that Licensee shall not
be liable to indernnify the ny settlement agreed upon without the consent
of Licensee; however, if Li to the agreed upon settlement, the
Licensee shall indemnify and harmless as provided for in this Section 7
, if Licensee refuses to defend the Cityby reason of that settlement.
against claims by third parties,shall indemnify the City regardless of
whether the settlement of such claims with or wlthout Licensee's consent
7.4 In the event that to accept tender of defense in
any claim, action, or suit by a third rsuant to this Section 7 and if
Licensee's refusal is subsequently determ a court having jurisdiction (or
such other tribunal that the parties shall the matter) to have been a
wrongful refusal, then Licensee shall pay all costs for defense of the
action, including all reasonable legal costs,, and attorney fees and also
including the City's costs, including all legal co ess fees and reasonable
attorney fees, for recovery under this Section 7 clause
7.5 The provisions of this Section 7 shall survive the expiration or
termination of this License.
8. Insurance. 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 Liabtlity insurance with limits no less than
$1,000,000 combined single limit per accident for bodily injury and property
LIMITED LICENSE--Pa9e 3 of 10
(between City of Kent and Kent School District)
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Instrument Numbgri 20200617000485 l)ocument:AG Rec: $113.50 Page-S of 11
,Record Datez6/17 nA20 9:06 AM King County, WA
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damage;
8.1.2 C,ommergial General Llabilitv insurance written on an
occurrence basis with limits no less than 92,000,000 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.*ttahditta insurance with limits not less than
$2,000,000 per occurrence ggregate.
4.2 Any deductible or self-insured retention shall be the
sole responsibility of Licensee.
8.3 The City, its officials, employees, agents, assigns and
volunteers shall be named as an nal insured on the insurance policy, as
respects work performed by or on lf of the Licensee and shall make its
endorsement available for inspection Licensor. Licensor waives no rights
and Licensee is not excused from if Licensee fails to provide Licensor
with a paper copy of the endorsement na City as an additional insured,
8.4 Licensee's insurance shall
shall apply separately to each insured aga
in a clause stating that coverage
om claim is made or suit is
brought, except with respects to the limits of the r's liability.
a,5 Licensee's insurance shall be insurance as respects the
days prior written noticeCity, and the City shall be given thirty (30) cal
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. 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. 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 mortgage 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--Pa9e 4 of 10
(between City of Kent and Kent School District)
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Instrument Number: 20200617000485 Document:AG Rec: $113.50 Page-6 of 11
Record Datez6/17 /2020 9:06 AM King County, WA
Licensee remains fully liable to the City for compliance with all terms and conditionsof 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 resolutlon
of disputes shall be in the
event of claim or litigation
Court for King County, Washington. In the
the enforcement of the terms of this License,
each pafty shall be responsi
noted in section 7.
its own legal costs and attorney fees except as
13. Notices. All n , demands, or other communications
noted, shall be in writing and shall beprovided for in this License, unless
deemed to have been given when or certified mail, return receipt
requested, to the addresses listed bel party, or to such other person or
address as either party shall designate party in writing
CITY:
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 poftion 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--Pa9e 5 of 10
(between City of Kent and Kent School District)
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Instrument l{umberz 20200617000485 Document:AG Rec: $113.50 Page-7 of ll
,Record Date:611712020 9:06 AM King County, WA
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CITY OF KENT LICENSEE
By
Prlnt Name:
Sy
Pri
ItsIts:
nEMifr ill\DrAErrn qlhcbinord.rsuitrit.d um fu m.&or
q ffAdr,lrittf
\o
%*
LIMITED UCENSE--Page 6 of 10
(benveen CIA of Kent and Kent Schaol Dlstrlct)
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STATE OF WASHINGTON
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 parly for the uses and purposes mentioned in the foregoing
instrument.
LIMITED LICENSE--Pa9e 7 of 10
(between City of Kent and Kent School District)
ss.
ave hereunto set my hand and official
aol^,lr
'//,
?,
at
'll rlt
l1
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of Washington
Must Appear Wlthln Thls $ax-
and for
seal the day and year first
IN WITNESS WHE
My appointment
NOTARY
n.
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Instrument Number: 20200617000485 Document:Ac Rec: $1L3.50 Page-9 of 11
Record Date:611712020 9:06 AM King County, WA
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STATEOFWASHINGTON )
ss,
COUNTY OF KING )
^ I h,ereby cettlfy that I know or have satlsfactory evldence that Sv"rrA _. _ *t:6ihf+d_ ls the person who appeared before me, and sald person acknowledged
that G/s'he signed this instrument, on oath stated ttrat G/she ls agthorlzed to
execute the lnstrument on behalf of Ke'.,1?c\,rootPi$lrtz:.1 as ts Diw ctrrr*_-
3_, and such executlon the free and voluntary act of such party for the
uses and purposes foregoing instrument.
UMITED LICENSE--Page I of 10
(between Clty of Kent and Kent School Dlstrlct)
s
set my hand and olflclal
seal
i \ LerSa-,
for the Stateat Kfval. *eE:eoea
PUYNOTAR
Washof ington,
intmentMappoY
Appearwthln mts Eox-
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ent Nu m ber: 20200617000485 Docu ent:AG Rec: $113.50 P age-L0 of 11"m
Datez6ll712020 9:06 AM King County, WA
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERW
PORTION OF 5 HALF NE QTR SE QTR STR 06-22-05 DAF: BEGINNING AT POINT
16.5 FT WEST AND 341.30 FT NORTH OF SE CORNER THEREOF TH S89-58-1OW
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 QTR SE QTR STR a6-22'05; EXc E 16.5 FT AND
EXC PORTION THEREOF ROAD; TGW PORTION OF N HALF NE QTR
sE QTR STR 05-22-05 DAF:NING AT NE CORNER OF SAID SUBDIVISION TH
S89.55-5OW ALONG N LINE TH F 330 FTTH SOO.O4-12W ALONG W LINE OF E
330 FT OF SAID SUBDIVISION
ALONG SAID LINE 481.01 FT TO
ALONG SAID LINE 75 FT TH NO4-
o4-L2E 53 FTTH N23-45-12E 111.95
LIMITED LICENSE--Page 9 of 10
(between City of Kent and Kent School District)
TO TPOB TH CONTINUING SOO-O4-TZW
OF SAID SUBDIVISION TH S89.59.10W
315.56 Fr TH NB9-59-10E 30 FT TH NOo-
%
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lnstrument Number: 20200617000485 Document:AG Rec: $113.50 Page-l1 of 11
Record Date:6117 /2020 9:06 AM King Countyn WA
EXHIBIT B
mruEwAv t
o.0'
10.0'
PROVIOE
4.U CLEAR
{H ilil
{ WOE WHITE
PAVEMENT MRXING
DRIVEWAY APPROACHftR CITY OFXENTgIANOMD OETAILg,r0,o I
I ,---\-oENTER oF DRrvEwAy
N 156773/14
E I 300243-80
SPR]NGBROOK ES
SITE o
o
DETAIL
48_0,
ORUEWAY
e 12
ai5:Rgo
R4.O'CON'RACTOR SHALL
REPUCE *, STSET
ti
IIG}TTHEAO WITH NEW
LEO PIXiURE MEGNNE
IHE ctw oF x6r.JT
STNDARDS5.E,
4l-1'
8.d
'. ,1 . :,.
2O3RD SE
SPRINGBROOK ELEMENTARY SCHOOL
LIMITED LICENSE AGREEMENT
ETIETII
2215 rbh 3ffi Stel, Suito 3q)
Tffii4VlA981&
2tB. t2&.e253.36l2512ru ORAWN BY: DN DAfet4l1il2o JOB NO.:219M35
CSK 1
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