HomeMy WebLinkAboutCAG2022-011 - Original - Veterinary Transplant Services, Inc., Autotek Tire and Services LLC & 3D 232, LLC - Limited License to Fence Alley Between E Titus & E Gowe - 01/06/2022Agreement Routing Form
KENT For Approvals, Signatures and Records Management
Tbls form comblnos & replacos the Reque3tfor Mayor's SlgnatuJe and Contlact Covea She€t fo.mr'
(Print on pink or cherry colored paper)
o
oLqe
Originator:Cheryl Rolcik-Wilcox Department:Public Works
Date Sent:L2/30/202L Date Required:L/s/2422
Authorized
toSign:
Director or Designee
ffi muyot
Date of
Council
Approval:
N/A
Budget
Account
Number:
N/A Grant?
Type:
Yes No
N/A
c
.9
I.Jo
ELoh5
aaEo
EooLol
Vendor
Name:
Veterinary Transplant Services, et al.Category:License
Vendor
Number:
Sub-Category
Project
Name:
Limited License Agreement
Project
Details:
License to allow property owners to fence alley btwn E Titus & E Gowe
Agreement
Amount:
N/A Bosisfor
Selection of
Contractor:
Start Date:Date fully executed Termination Date:Syrs-auto renew
Notice required prior to
disclosure?
Yes No Contract Number:CA€sr?o?.L-Oll
glc(5oE
taoL
tFoEol
UI
=.g
oE
Date Received by City AttorneY:
rl5lz2
Comments:
*Insurance documents will need to be
obtained/sent by PW and attached to
the packet.
Date Routed to the Mayor's Office:
r lsl>>
Date RoutedtotheCityClerk'sOffice:
t I t /ty
Date Sent to Originator:
Visit Documents.KentWA.gov to obtain copies of all agreements
adccw22373-6-19
Hard copy sent via innerffice & link to electronic copy sent via email on
01/07/2022. ~M.M.
LIMITED LICENSE AGREEMENT BETWEEN
THE CITY OF KENT AND
VETERINARY TRANSPLANT SERVICES, rNC.;
AUTOTEK TIRE AND SERVICE LLC; AND
3D 232 LLC BY ANDOVER MANAGEMENT COMPANY LLC
PARTIES
THiS LIMITED LICENSE AGREEMENT ("License") is between the CITY OF
KENT, a Washinlton Municipal Corporation ("City"), and V-E-TERINARY
TRANSPLANT SERvICES, INC., a Washington corporationl AUTOTEK TIRE
AND sERvIcE LLc; twaitrington limited tiluitity company; and !i 232r LLc,
a washington limited liab-ility company, _-by_.,ANDOVER MANAGEMENT
coMPANY I LLC] a washington limited liability company (collectively
"Licensee").
RECITALS
1. Licensee seeks to install a security fence within and upon the City's
Right-of-way between East Titus street and East Gowe Street in the city of Kent
("Froperty"), immediately adjacent to Licensee's property and to maintain the same'
2. Licensee has requested that the city grant a license to install and
maintain a security fence on the Property, as described herein, and to undertake sole
responsibility and liability for any negligent performance of the same'
3, The City has agreed to issue this license/ pursuant to the following
conditions.
NOW, THEREFORE, THE CIW AND LICENSEE AGREE AS FOLLOWS:
LICENSE
1. License Granted. The City grants this License ("License") for a period
of five (5) years from the Effective paii(the "Term") for Licensee to install and
maintain a security fence, alOng with any necessary appurtenances, within and upon
a portion of the City's Property, an alley between East Titus Street and East Gowe
Street in the CitV of fent.' A general description of the plans and spe.cifications.for
the security fence, along *'itl'1 any necessary appurtenances, and a graphical
depiction of the general lo-cation of the fence and related improvements ("Fence") is
attached hereto is Exhibit A ("Licensed Area")'
2.FeeandRenewal.LicenseeagreestopaytheClty'afeeoftwo
thousand five hundi"o aottut. (92,500.00) in consideration for the City's grant of this
License which must be paid wiihin 30 days of the execution of this Agreement' Any
LIMITED LICENSE-Security Fence
(Between East Titus Street and East Gowe Street)
t:
!
Page 1 off' lt
applicable taxes due as a result of this agreement.shall be the responsibility of
Licensee. Unless otherwise terminateJ, tt'l" L'1V and Licensee agree that this License
shall automatically renew at the "no-6i
tr'. i"r. and a new live-year Term shall
commence under the same terms and ionditions and requiring the same fee'
3.NoStoragePermittedonCityFropgltv.Licens.eeshallnotstore,
park, or dump .nyif',ini *itt'.lin tt",* t-i."nt"O ht*u" The License is only intended to
permit the Ltcensee tJ install, op.tiiu, ind maintain the Fence' Discovery of
Licensee's cars, materials, supptres, oiginige on the City Property shall be grounds
for immediate revocation of the License'
4. Damage to Property and Restoration' Licensee shall repair any
damage to the pioperty caused O/ tn* lnstallation, construction, operation'
maintenance/ removal, repair, 1.".onriiu.iion, reptucement, use' or lnspection of the
Fence within the Licensed Area. Upon revocation, termination' or expiratlon of this
License, Licensee shall restore the Licensed Area to its original condition prior to the
issuance of the License, except as aulhorized in advance b-y the City' Any portion of
the Fence, including any appurtenances tf'tut*to, that the City allows,to remain shall'
upon expiration oit6u'Liiense, become the sole property of the City without any
reimbursement for the remaining uJtu" thereof to Licensee' This restoration
obligationshallsurvivetheexpirationofthisLicense.
5.RevocationandTermination.TheintentofthisLicenseisto
authOrize Licensee to inStall, operate, and maintain a seCUrity fenCe ("Fence")' along
with any necessary appurtenances, *iini" ind upon the City's Property' which right-
of-way constitutes'a iituante property-ini"i"tt owneO by the City' This License does
not grant an estatel" irt" runo descrlbed as the Licensed Area; it is not an easement;
it is not a franchise; it is not excluJve;lnO it does not exclude the City from full
possession of the t-iiensea Area. As a License upon real propefty' it is revocable at
the will of the City, However, prior to termination or revocation by the City' the City
shall provide Licensee with 'ut t""ri iiii..r'-crs) calendar days' written notice of
termination or revocation, "*."pi *noa immediate revocation is expressly
authorized elsewhere in this License. upon recelpt of such notice from the City,
Licensee may be required to remove' all portibns of the Fence and related
appurtenances and resiore the Licensed Area lo its previous condition' If Llcensee
fails to remove the Fence within tf," ufLtt"d time, the City may r-emove all or part of
the Fence, restore the Licensea nrei*,-anJ i"toutr, the costs of such removal and
restoration from Licensee. Licenr""'iluv.i any rleh! it may have to any claim for
damages of any kind incurred as u t"tuiiof the City's removal of all or part of the
Fence,
6.PermitsRequired.Licenseehasappliedforandhasbeengranteda
permit for instailation of the Fence,- The conditions set forth in the permit are
incorporated into"ir.," ri."nse and it is attached hereto as.Exhibit B ("Permit")'
Failure to abide ui su.n ionaitiont tiu| o" grounds for termlnation of the License'
LIMiTED LlcENsE-security Fence Page 2 of '8lr
l-Aetween East Titus Stree't and East Gowe Street)
The city,s grant of this License does not release Licensee from any of lts obligations
to obtain applicable local, state, ana feOeral permits necessary to install' construct'
operate, maintain, remove/ repair, t..onitiuit, replace, use, and lnspect the Fence'
Licensee,s failure to comply with this Slition O shail constitute grounds for immedlate
revocation by the city. The considu.ution in section 2 is in addition to any fees
r"qrit.A f"iipplicable local, state, and federal permits'
7, Maintenance. Licensee shall malntain the Fence and any necessary
appurtenances, along with the rest.of ih" Li."nred Area, ln a clean' well-kept' orderly
and safe condition to the satisfaction oi me citv, Licensee shall be responsible for
maintainlng, at its sole expense, all'it-pi"t.-#nts related to the Fence' and shall
keep the same in good and safe.t.pili,;td;t and condition' Such duties shall
include, but not Oe'tirnit*J to, f',fai'titenan.* oi the Fence on the City's Property'
prompt repair or ariv Ju*ig.t or defecrs atong or immediat:lv:d]1.^":!,.*nt Fence'
andrernovalorrepairofobstacleswlthintheLicensedAreaoranyimmediately
adjacent portions of the City's Property'
8. Access. The city shall have free access to the Licensed Area at any and
all times without any prior notice io'Lii"nt"e whatsoever' In the event of an
emergency in which ihe fire Department, Police, or any other emergency or law
enforcement personnel require ittuUiit"'".iltt'to the ProperLy' but normal' key
entry access is univaitable for whatever reason, neither the Clty nor any emergency
personnel shall be liabi*]o1. any UamaJes to the Fence as a result of the need to gain
immediare access'G.;:,'.rtti"i, ntr;ki;;Ga1ns down, etc.). The cost of repair
resulting from such an emergency situation shall be borne solely by Licensee'
S.lFenceasaHazard'Intheeventofanyemergencyinwhich
any portion of the Fence becomes ,n"*p".tudly..damaged, or in any- other way
constitutes an immediate danger to th; ;;;iliy.iirt, h"u'ith' or safety of the public'
Licensee shall immediately take the pioper emergency measures..to-remedy the
dangerous condition without first applfing iot unO ointaitiing a permit as required by
this License. However, this emerg;;il work snall not ielieve Llcensee from its
obligation to obtain all permits n"...iury for this purpose, and Licensee shall apply
for those permits within the next two (2) succeeding business days'
S.2TrespassbyLicensee.TheCitymakesabsolutelyno
representation as toifo i"g"lity of Ufcensegs pfrysical presence on or any erection of
fence over any private property .i:t.""t -ti City Property or the Llcense Area'
Licensee,s defense and indemnificatioilii r"quir"d'pursuant io section 9 below' shall
atso inctude any claim of trespass d;;;;v .;; form Licensee's erection of the
Fence.
g' Indemnification'
indemnification requirements :
Licensee shall comply with the following
LiMITED LICENSE-SecuritY Fence
(E"t*"", East Titus Streeit and East Gowe Street)
Page 3 of,'st t
g.1 Licensee shall defend, indemnify, and hold the city, its officers,
officials, employees, agents, assigns,
'iha
votunteers harmless from any and all
claims, actions, injuries, damages, -f.ltiet, or suits, including all reasonabte legal
costs, witness fee!, and attorney fuui-itfiing out of or in connection with the
performance of anf of t-ii"nr".'s rigtris or obligatlons granted by this License' except
to the extent caused by the sote negiigenc[ of the ctty, its employees, agents,
contractors, or invitees'
9.2
when completed
indemnification.
The City's inspection or acceptance of any of Licensee's work
shall not be grou;at to avoid any of these covenants of
9.3 These indemnification obligations shall extend to any claim'
action or suit that may be settled Uy comprom-ise, provided that Licensee shall not
be liable to indemnify the City for any setilentent agreed upon without the consent
of Licensee; however, if Licenr". .6nt"nts to the agreed upon settlement' the
Licensee shall indemnify and hold the City harmless as irovided for in this Sectlon 9
by reason of that settlement. Moreovei ii ri."nu"e. refuses to defend the City against
claims by third parties, Licensee snatt indemnify the City regardless of whether the
,"ttf"r"i t of such .f ul.t is made with or without Licensee's consent'
g,4IntheeventthatLicenseerefusestoaccepttenderof.defensein
anyclaim, action, oirriiOy a third p#V p""u.nito,tftis Section 9 and if Licensee's
refusal is subsequently determined ;i'J;;rtt having Jurisdiction (or such other
tribunal that the parties shall agree to'decide the mattei) to have been a wrongful
refusal, then Licent.u ir't"rr puv fir th; cilG;;sis for defense of the action' including
all reasonable legal costs, witness f"ui,-'unO attorney fees for recovery under this
Section 9 indemnification clause'
g.5TheprovisionsofthisSectiongshallsurvivetheexpirationor
termination of this License.
10. Insurance. Licensee shall procure and maintain forthe duration of this
License, insurance of the types unA in t[. imounts described below against claims
for injuries to persons or dimage to property that may arise from or in connection
with the performanci of the ivork by 'licensee made pursuant to this License'
Licensee also agrees to require the rri*a coverage of its agents, representatives'
employees, contractors, subcontra.ioit,-consultints, subconsultants' or assigns
performing worf una-e.1h. ,.op" of t-fris License and to assure that such coverage is
maintained.
lo.lBeforebeginningworkontheprojectdescribedinthisLicense'
Licensee shall provide a certifrcate of Insurancc evidencing:
10.1.1 Automoblle Llability insurance with limits no less
LIMITED LICENSE-Security Fence Page 4 of '8t \
7}"i*""n East Titus Street and East Gowe Street)
than $1,000,000 combined single limit per accident for bodily injury and property
damage; and
Lo.L.zCommerEialGeneralLiabilit}tinsurancewrittenonan
occurrence oasis wittr limlts no t"ri tlr* E2,000,000 combined single limit per
occurrence .no g.n.ial aggregate for personal llJq.ry, bodily injury and property
damage. couerag"-'Jr,.riin.iri" urt'nor be llmited to: blanket contractual;
products/completei-op*iutfont/broad form property damage; exploslon' collapse
and underground (XCU); and employer's liability'
lo.l.3ExcessLiabilitYinsurancewithlimitsnotlessthan
$2,000,000 per occurrence and aggregate'
10.2 Any payment of deductible or self-insured retention shall be the
sole responsibilitY of Licensee.
lO.3Thecity,itSOfficers,officials,employees,agents'assignsand
volunteers shall be named as an aOOiiionat insured on the insurance policy' as
respects work performed by or on behalf of the Licensee and shall make its
endorsement available for inspection bVihu tittntot' -Licensor
waives no rights and
Licensee is not excused from perforr.i.. if Li."nr"" fairs to provide Licensor with a
papercopyoftheendorsementnamingtheCityasanadditionalinsured.
1O.4 Licensee's insUrance shall contain a clause stating that coverage
shall apply separately to each insureO'againii *6om ql?it is made or suit is brought'
except with respects to the limits of the insurer's liability'
1O.S Licensee,s insurance shall be primary insurance as r.espects the
City, and the City shall be given tfrirty (lO) cblendar days prior wrltten notice
electronically and by United States tuif bf "ny
cancellation, suspension or material
change in coverage'
ll. Modification. This License may not be modified, altered, or amended
unless first approved in writing by the City'
L2,Assignment.Licenseeshallnotassignalloranyportionofltsrights'
benefits, or privileges, in and under ttris iicense wiihout prior wrltten approval of the
City, which appr,Jvai will not U.
-r*.-aioniUty
withheld or delayed; provided'
however, that Licensee may onry uttig;;la;; a'.portion of its rights' benefits' and
privileges in and under this License tt a subsidiary, parent, affilia.te or company
having common control with Licensee; and then only so long as notice of the same
is provided to thetii', .nO-piovided further that Licensee remains fully liable to the
City for compllance with all terms and conditions of this License until such time as
tf'tu CiiV shali consent to the assignment as provided above'
LIMITED LICENSE-SecuritY Fence
(E"i*i"n East Titus Street and East Gowe Street)
Page 5 of.dr t
13. Compliance with Laws. Licensee shall comply with.all federal' state'
and municipal lawi, irt.t, and regulations that are applicable to this License'
14. 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 C6urt for King Coqnty, Washington'. .in the event
of claim or litigation regarding the "nf*..t"nf of the.terms of this License, each
party shall be responsib-le for its own telit costs and attorney fees except as noted
in Section 9.
l6 ,Yg, NOtices. All notices, requests, dem.ands, or other communications
provided for in this License, unless otherwise'noted, shall be in writing and shall be
deemed to have oeen given when sent by registered or certified mail, return receipt
requested, to the iUarl.t"t listed below for each PartY, or to such other. person or
address as either putty shall designate to the other party or parties in writing:
CITY:
City of Kent
Attn: CitY Clerk
220 Fourth Avenue South
Kent, WA 98032
Email : cityclerk@kentwa'gov
LICENSEE:
Veterinary TransPlant Services
Attn: Helen Newman
215 East Titus St.
Kent, WA 98032
Email : HNewman@vtsonline.com
Autotek Tire and Service
c/o Kevork (George) Derbedrossian
233 Central Ave. S
Kent, WA 98032
Email : autotektiresvc@gmail.com
3D 232, LLC
c/o Andover Management ComPanY'
LLC
900 SW 16th Street, Suite 100
Renton, WA 98057
Email: cbarr@andoverco.com
16.NoWaiverofRights.NothinginthisLicenseshallconstituteawaiver
of either party's rlght to challenge any portio-n of the License that is not in accordance
with applicable federal, state and local laws'
L7. Entire Agreement and Effective Date'This License contains the
Page 6 of,6l t
LIMITED LICENSE-SecuritY Fence
lEui*"un East Titus Streei't and East Gowe Street)
entire agreement between the partles and, in executing it, the Clty and L:icensee do
not rely upon any rtut"runi, promtsel ot t.pr.t"{atl9n, whether oral or written' not
expressed in this t-iiense. fhis gcendoshait be effective upon the last day executed
below ("Effective Date").
ls.WarrantyofAuthoritytoExecute'..Eachpersonexecutingthis
License warrants that he/she has tfre'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.
CITY OF KENT
By:
Print Name:
Its:
Date
LICENSEE
VETERINARY TMNSPLANT SERVICES
INC.
By
Prlnt Name:
Title:
Date: t'/4r.a'Loil
3D 232, LLC bY:
ANDOVER MANAGEMENT COMPANY LLC
nt
Title: Dlre-ctor of Asset Services
Date:Dec-q@
ey r,,,l(/r*-1'/ dfu."ry-:
piint lrrime: George Derbedrqsslan
Tiile: autnatu- - -oarcW
aka. Kevork (George) Derbedrossian
AUTOTEK TIRE AND SERVICE LLC
By
Prl
LIMITED LICENSE-SecuritY Fence
ti"i*"un East Titus Streeit and East Gowe Street)
Page 7 ot,{ll
STATE OF WASHINGTON )
:
COUNTY OF KING )
ss
I hereby ceftify 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 t'tayor, and such execution to be the free and
voluntary act of such pafty for the uses and purposes mentioned in the foregoing
instrument.
-Notary Seat Must Appear Within This Box-
IN WITNESS WHEREOF'
the day and Year first above w
I have hereunto set my hand and official seal
'--;$ij.I,lt*:,i3i o\18o' "",{r'ZZ 2,. Lerczt, "Z ,?r,ffi
NOTARY PUBLIC,for
of Washington, residing at
My appointment exPires
LIMITED LICENSE-SecuritY Fence
(Eetween East Titus Streelt and East Gowe Street)
PageB of fl\
STATE OF WASHINGTON )
:
COUNW OF KING )
ss
I certify that I know or have satisfactory evidence that Helen Newman is the
person who appear"O U"foru me, and iuiA peiton acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it ur'ir".l"
-. b;=***. of veterinary Transplant. services
Inc. to be the free and voluntary a.t of such parly for the uses and purposes
mentioned in the instrument.
SfEPHAl'IIE MURPHY
Notory Public
gtet€ 6t Washlngton
eommisrlon # 109405
My eomm. ExPlres Jun 5' 202fit
VV
nd
ePUBLiC, in and fo
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I hA
the day and Year first above w
w
A
My appointment exPires
ashington, residing
LIMITED LICENSE-SecuritY Fence
Getween East Titus Street and East Gowe Street)
Page 9 of.,8ll
STATE OF WASHINGTON )
:
COUNW OF KING )
ss
I ceftify that I know or have satisfactorY evidence that Kevork (George)
Derbedrossia n is the person who aPPeared before me, and said P erson acknowledged
that he sig ned this instrument, on oath stated that he was autho rized to execute the
instrument and acknowledged it as the of Autotek Tire and
Service LLC to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument
LIMITED LICENSE-SecuritY Fence
(Between East Titus Street and East Gowe Street)
-Notary Seat Must Appear Within This Box'
iN WITNESS WHEREOF, I have hereunto set hand and official seal
the day and year first above written.
t I I I I I t t ,,
I CA
l )..
l?- l.l n2l
NOTARY PUBLIC, in and for the State
: of Washington, residing
S My appointment exPires
at laen.l,
L'L
,t I I i t t I
#,ffi'
\5 r\)o
,s
Page 10 ofF il
STATE OF WASHINGTON )
ss,
COUNTY OF KING
LIMITED LICENSE-Security Fence
(a"i*""n East Titus Sfreef and East Gowe Street)
fuuLe
ily
M
PUBLIC
OF
tlumbcr 120820
AyllE,,2o't
-Notary Seal Must Appear Wlthln Thls Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
of Washingto n, residing at
e
NOTARY PUBLIC, [n and for
My apPointment exPires
Page 1r of/tl
slte.Map.and,Work.Area fl
€ Gorqe $t
EXHIBIT A
LICENSED AREA
E Gowe St
w
Alk{ S*.+ F*ltJ
5*aiccil
'*ry
Ttr* S $ervlr;*s
6tritrr'i |$$xir Sft{.t$
New'Gate s
Dunlarl Tlres
Tii* $hr4)
\r19;
iil Erl.i,
JC
n{1
t
!a
Nr
(B'.
xnl
fr6'(l.
€$
(r)
ffifb5
*r
3"4f[
t/,
F
&
€
atr().
F
$
{n
w
:s'*t
sE
{t
f,n
\
Mr $hln*
*
Eristing f€nce
sidevral|tll
E Titus $t
fru:,:;xu-ru,
NewGetE
5id€v/alkll
h
E Titus $t f Titus $t H
EXHIBIT B
PERMITS
Street Use and Street Cut Permit
WS Alley Way Fence/Gate
Permit #: CNST-2214592STU
IVR#: 232598
t7Dec202L
Commercial Building Permit Application
WS Alley Way - Gate
Permit #: CNST-2214610
IVR #: 232599
L7Dec2O21
/;\-/ KENT
PERMIT Check permit status "online" at
www, c i. ke nt.w a. u s / Pe rm itce nte r
Permit #: CNSI-22L4592s.TU IVR # t 232598
Proj ect: _
PETMiT NAME: VTS ALLEY WAY FENCE/GATE - STREET USE APN: RIGHTOFWAY
Slte Address: RIGHT OF WAY
Location: 2tS E TITUS STREET (SOUTH GATE) & 233 CENTRAL AVE S (NORTH GATE)
OWNER ON APPLICATION
Narne: NEWMAN HELEN
Addt'ess:215 EAST TITUS ST
KENT, I4A 98032
TYPE OF CONSTRUCTION
Phone: 253 -520-077L
E-mail: HNEWMAN@VTSONLINE ' COM
].997
Storics
District
Editiott
I@ r@@
Scope of Work
STREET USE
SCOPE OF WORK: ALIJEY CLOSUIIE IIETWEEN EAS
PLAN TO TNSTALL 2 CHAIN LINI( GNTES ACROSS
BESIDE VTS TO PREVENT THE ONGOING VANDALI
IMPROVE SAFETY IN THAT SPACI':].
STREET CUT REQUIRED: NO
TRAFFIC IMPACT: ALLEY WAY CT,OSURE
APPROXIMATE START DATE:
APPROXIMATE TIME FOR COMPLE'I'ION:
T TITUS & E GOWE STREETS
ALLEY, TO ENCLOSE THE SPACE BEHIND AUTOTEK AND
SM, GRAFFITI, ACCUMULATION OF UNHEALTHY TRASH, AND
Conditions
STREET CLEANTNG REQUTREMENT {E001) r r^LhesEreetsandstormdrainsysbemfreefroma11debris
aLtributed to the work perfbrmed under Lhe respective building, civil construction, street
use, utiliLy or grading ancj/or fill permiL. Tiacking mud, dirt or any oLher subsLance onto
the streets is specifically p:rohibited'
INDEMNIFICATION AND HOI,D }IARMLESS
The Grantee, its successors ancl assigns, agrees t,o protect the City of Kent, its officers and
employees and to save them harmless i.o* rtt claims, actions or damages of every kind and
description which may accrue Lo or be suffered by any person, persons, or property by reason
of the accs or omissions of the Gr:rnbee, its assigns, agents, contractors, licensees,
employees or any person whoursoever, in connection with Grantee's, its assigns', agents',
COnLraCtOrSr, liCengees,, o.r employeeS' COnStrUCtion, inStallation, maintenanCe, Operation,
use or occupancy of the r.Lght. of wiy or in the exercise of this permit. rn case any suit or
action is nrought against. ihe city of rent, ics officers and employees, arising ouE of or by
reason of any of t,he above causcs, the Grantee, iLg successors or aesigns wi11, upon notice
of such action, defend thc sarnc aL iLs sole cost and expense and sat.isfy any judgment against
t.he City of Kent, its officcr:s, or employees: PROVIDED, Lhat if the claims or damages are
caused ny or result from thc concurrenL negligence of (a) lhe City of Kentrs agents or
employeei and (b) Lhe Grarntee or GranLee's agenEs or employees' Lhis indemnity provision
Page l- of 4
PERMIT Check permit status "online" at
www. c i. ke n t.w a. u s /Pe r m itc e nte r
KENT
Permit #t cwst*22I4s92STu IVR #t 232598
Proj ecE:
Permit Name: vTg AL,I",I:Y wnv rruCf/GATE - STREET usE APN: RIGHTOFWAY
SLte Address: RIGI'IT OF I^lnY
Locabion: ZtS Il T'I'1US St'RnET (SOUTH GATE) &. 233 CENTRAL AVE S (NORTH GATE)
Conditions (Continued)
shall be valid and enforcc::rb.l.c orr].y to Lhe extent of the negligence of Lhe Grantee or the
Grantee's agenLs or emPloYocs'
AND
The Grantee, and on beha].f: c:l it-s assigns, agenLs, licensees, contractors and employees
agrees to waive any clai.ms fo.r .Losses,-a*p"ni"", damages or lost revenues incurred by it or
its agents, conlraitors, .l.i.ccnsces, employees or customers in connection with Grantee's, its
assignsr , agentg' , contracLo].ri, , ticen-sees' , or employees' consLruction, installation,
maintenance, operation, usc o[ occupancy of the riaht of way or in the exercise of this
permit againsE-the City of t(enL, iL; aglnts or employees excepL the reasonable costs of
repair to property resulbing from the iegligent iirjuiy or damage lo Grantee's property by the
City of Kent, its agents, corltractors or employees.
TrTLE 51 TNDUSTRIAL TNSUITIN-CiI ACT
Solely for purposes of en'fi;i:cfng the indemnificabj-on obligabions of a Party under this
Secti]n e, each parLy exp.r:ossly waives its immunity under Tilte 51" of the Revised Code of
w""iri"gt"", the industriir Irrsur:.rnce AcL/ and agrees Lhat the obligation Lo indemnify, defend
and hold harmless provide<1 for i.n this Section 6 exLends to any such claim brought' against
the indemnified eait.y by or: on bchaLf of any employee of the indemnifying Party' The
foregoing waiver shait not :in .lny hray preclude ihe-indemnifying Party from raising such
immunity as a defense ag;rinsL u"V "fuii' brought against Lhe- indemnifying party by any of its
employees.
PERMIT CANCELITATTON OR RnVOC:\T'{!2N
T]-L-"Jtbedeemedorhe1dtobeanexclusiveoneandsha1lnoh
profriLit the Cit.y f.rom gl:arrLi.nq other permits or franchise rights of like or ot'her naLure to
other public or private cornp:rn,i.cs or individuafs, nor sha1l it prevenL t.he City from using
any ot'ics roadsl sLreeL$, or: public places, or affecL its right Lo full supervision and
control over all or any parrt- oi. them, none of which is hereby surrendered'
AND
The City may revoke, amentl, or cancel this permit or any of Ehe provisions thereof at any
time by giving writt.en noLj.cc t-o the GranteL. The GranLee shalt immediately remove all
facilities from the right- oi wdy. Any facilit.ies remaining upon the right of way 30 days
after writLen notice of c;rnccl.laLion snaff be removed by the City at Ehe expense of Lhe
Grantee.
TRAFFTC CONTROI,
During the progress
necessary or as may
shall be properly 1i
che MUTCD. A11 traf
AND/OR
ExcepL as herein auLhorizcd,
of Lhe CitY street in suclr n
WORK SUSPENSION
The Engineer and/or his or Lrc.r
posting the work site susPertd o
AND
The Engineer and/or hi-s or: hcr
permib issued hereunder wlt<:rtcvc
information supplied or .i.rt v:i.ol
PERMIT ACKNOWI,EDGEMENT
of thc wo::k, such barriers sha11 be erecEed and maintained as may be
be d.i.ricctcci f:or bhe protecLion of the Lraveling publie; the barriers
ghtecl aL ni.51hl. A11 Lraffic control plans and insLallaLions sha11 be per
iic conL:ro l. ctcvices shal1 be clearly visinte and maintained at all times '
r.r.i cxcavation sha11 be made or obstacle pl-aced within the limits
rnarrrrer as Lo interfere wiLh the travel over said road'
aubhorized. representatives may withouL advance noLice and by
r revoke a permit issued hereunder'
authorized represencatives may in writing suspend or revoke a
:i: bhe permiL was issued in error or on the basis of incorrect
aLion 6f .tty other ordinance or regulation of the CiLy
Page 2 of 4
PERMIT Check permit status "online" at
www. c i. ke nt.w a. u s/p e rm itce nte r
KENT
Permit #r CwSr-22:-4S92STV IVR # t 232598
ProJ ect:
Permib Name: VTS ALT,I4Y WAV reWce/GATE - STREET USE APN: R]GHTOFWAY
Site Addiese:
IrocaEion:
RIGI'IT' OII WNY
215 It,r't.ifus STREET (SOUTH GATE) & 233 CENTRAL AVE S (NORTH GATE)
Conditions (Continued)
I hereby acknowledge that .I have read this permit and state thaL the above j-s correct and f
agree t6 comply wiih a:"t City ordinances, State laws and lawful orders of the inspector. I
further agree to reimburse the Cit.y for any charges incurred from outside agencies (State,
County, etc, )
C]TY CODES
Appfi.cant sha11 be requir:r:<1 t:o comply wilh all City codes, ordj-nances and resolutions in
effect as of lhe date of t-ltc.i-ssuance of bhis permit'
Ap.lAcENT PROPERTY ACCES s_,.Ilo,1,lllll-s_
@.-'it[adjacentpropertyownerstoensuretheiraccesspointsarekLbc open and maintained at all tj.mcs
MONUMENT RESTORATION
No survey monument shall be rernoved or desLroyed before a permit is obtained as required by
WAC 332-tZO from t.he DNR (t)r-.perr'Lrnerrt- of Natural Resources). A copy of the authorized DNR
permil with permit number sha1fl be submitted prior to the issuance of a City of Kenb permit.
A survey monument includes ;.1..1 sEreet monumenEs, property corners, GLO corners and agency
conLrol disks, washers or t-.igs as defined in WAC 332-L2O-020 lnclusive of City of Kenb,
WSDOT, King County and NGS control disks, washers or Lags
PAVEMENT RESTORATION
PAVUqNNT RESTORATION SI{ALI, (IOIVITORM']'O KENT DESIGN AND CONSTRUCTION STANDARDS SECTION
6.:.7.8(2.D.2) ?\ND STANDAT?I) ill,nNrs 6-54 THROUGH 6-59 FOR NON-ARTERTAL ROADS.
A FUI,T, W]DTH OVERIJAY 2II I.IMN CT.'NSS %' IS REQU]RED FOR A NON-ARTERIAL ROAD, 75 < OCI <= 55.
A FUI,L WTDTH oVERLAY WTTT.I 1II iIMA CI.,ASS 3/BII IS REQUIRED FOR A NON-ARTERIAIJ ROAD, 691 >= 75.
PAVEMENT RESTORATTON SHAI,T, CONI1ORM TO KENT DESIGN AND CONSTRUCTION STANDARDS SECTTON
6.1_7.B(2.D.1") rOn eiV ARTElilnl, r{OAD, AND STANDARD PLANS 6-64 THROUGH 6-69'
STREET USE INSPECTION
to scireAuf" Vour i.n-sp"cLj.on Lhrough the CiLy of Kent permit IVR system, please call 253-856-
5427 before 4:30 p.m-. you will need your permit IVR number, an inspeceion code and your
phone number.
Please use Lhe foll-owinq inspcction codes,'
- 290I-job start,
- 2902-job final.
If .you have any questions or nclecl tc,r talk to your Public Works inspector,
856-5545 between the hours ol. '^/ :00 a.m - B:00 a.m. or call 253-856-5500
please call 253-
after 8:00 a.m.
TRAFFTC CONTROL Ar SrGNAL,l4ltl2_ I_NIX
@-j.'_"r'.ra"LyuniformedKentpo1iceofficerwithpolicevehic1eLoprovide traffic control aL;r.1..1. signalized intersections or when required by Public Works
inspector. It wilI be the r:csponsibility of the contractor to coordinate scheduling with the
police deparLmenL by contacL.i.ng Sgf. MaLL Stansfield at mstansfield@kentwa.gov or calling
253-856-5800. Two weeksr ttc;t-.ice is required.
HOT MIX PATCH REQUIREMIIIN'fS
Contractor to install hot rn.i x asphalL for bemporary pabches on projecLs bhat will be unworked
for more than one day frorn Novcmber 1st to March 31st
CONS'I'RUCTION CONTRACTOR
Namel SECOMA FENCE
Address: '7720 PACIFfC HWY 1;l
MILTON, WA 98354
License:
Phone:
SECOMFI l T 6B.J
253 -250 -7 904
Paqe J or 4
PETMiT NAME: VTS AI,LI]IY WAY FIINCE/GATE . STREET USE
IOCAbION: 2L5 I''.|j,'IUS ST'RI'T]T (SOUTH GATE) & 233 CENTRAL AVE S (NORTH GATE)
PERMIT
IVR # z 232598
APN: RIGHTOFWAY
KE T
ProJ ect:
Check permit status "online" at
www. c i. ke nt.w a. u s/ pe r m itce nte r
Slte Address: RIGH']' oli' WnY
Permit #: cxst- 221,4592sru
Sfut^yj {,,).uL,oo
Issued By:Building Scrvi cos Mc1r Date: 17-DEC-21 Expiration Date 15-,JUN-22
Page 4 of 4
G PERMIT Gheck permit status "online" at
www. c i. ke nt.w a. u s / Pe rm itc e nte r
Permlt #r CWSI-Z2t46LO IVR # z 232599
Project:
PeTmit NaME: VTS ALLEY WAY ' GATE APN: RIGHTOFWAY
Site Address:
Locatlon:
RIGHT OF WAY
2r5 E TITUS STREET (SOUTH GATE) & 233 CENTRAL AVE S (NORTH GATE)
OVINER ON APPIJICATION
Narne: NEWMAN HELEN
Address:215 EAST TITUS STREET
KENT, WA 98032
Phone: 253 -52O-0'771
E-mail: HNEWMAN@VTSONLINE . COM
TYPE OF CONSTRUCTION
4245
199'l
Scope of Work
FENCE / GATE
CONSTRUCT FENCE/GATE
SCOPE OF WORK: ALLEY CIJOSURE BETWEEN EAST T]TUS & E GOWE STREETS
PT,AN TO INSTALI, (2) 16' CHAIN IJINK GATES ACROSS AI'LEY' TO ENCLOSE THE SPACE BEHIND AUTOTEK
AND BESIDE VTS TO PREVENT THE ONGOING VANDALISM, GRAFFITT, ACCUMULATION OF UNHEALTHY TRASH'
AND IMPROVE SAFETY IN THAT SPACE.
rL appears that there are not a 2nd means of egress on Lhe back of Lhe buildings where Lhe
vehicular gates block access to public way for occupanLs. fnspector please verify' If a 2nd
exit is blocked than a man-gaEe wiLl need to be installed.
KNOX PADITOCK'S TO BE SUPPLIED BY APPLICANT
RELATED PERMIT;
RESU-221,4592
UnitsBedroomsStories
ValuationSquare Feet 1
Zone District
Code Edition
Conditions
STREET CLEANING @
ffiontinuous1ykeepthestreetsandst'ormdrainsystem'freefroma1ldebrisaLtributed to Lhe work performed under the respective buildi-ng, civil construction, street:
use, utiliEy or grading and/or fill permit. Tracking mud, dirt or any other subsLance onLo
the streets is specifically prohibiLed'
fq##fH#r of pubric works or designaLe may wibhout advance notice and bv posting the
work site suspend or revoke a permiL issued hereunder '
2. NO NEW PERMIT WTI,L BE ISSUtrD OR TFIE SUSPENSION LIFTED UNTTL THE ABOVE "STREET CLEANING
REQUTREMENT'' (EOO1) IS MET,
3. Where the Director of public Works or designaLe determines that no immediate action has
been taken to comply with street cleaning r"qrrire*"tt condition No. E0O1 above, and in his
sole judgement Oe'termines that in the besu interest of the City chab immediate acLion should
be taken, the city *t ut-t- order the work done and cost thereof snatt be charged Lo the permit
Page 1 of 2
PERMIT Gheck permit status "online" at
www. c i. k e n t.w a. u s / pe rm itc e nte r
PermiE #: CrrrSt- 2214610 IVR # z 232599
ProJ ect:
Permit Name: VTS ALLEY WAY - GATE APN: RIGHTOFT{AY
Slte Address: RIGHT OF WAY
tocation: 2tS E TITUS STREET (SOUTH cArE) &. 233 CENTRAL AVE S (NORTH GATE)
Conditions (Continued)
holder.
The Director of Public Works or designaue may in writing suspend or revoke a permie i-ssued
hereunder whenever the permit was issued in error or on the basis of incorrect information
supplled or in violaLion of any other ordinance or regulation of the City'
CLEANUP
fiff cfeanup and performance shal1 be verified by and Eo the saLisfaction of CiLy of Kent
Tnspectors .
CONSTRUCTION CONTRACTOR
Namel SECOMA FENCE
Address: 7720 PACIFIC HWY E
MrI,TON, WA 98354
Licensc:
Phone:
SECOMFI l.76BJ
253 -250 -7 90t
<J- ,,r) - \ ,/i
JU/rerL 6 lD.cAtm,
Issued By:Building Services Mqr P6gs;17-DEC-2I Expiration DaLe 15-,lUN-22
Page 2 of 2
Rolcik-Wilcox,Chervl
From:
Sent:
To:
Subject:
From: Helen Newman <HNewman@vtsonline.com>
Sent: Friday, December 3I,2021,9:08 AM
To: Rolci k-Wi lcox, Cheryl <CRolci k-Wilcox@ kentwa.gov>
Cc: Martindale, Delores <DMartindale@kentwa.gov>; Duran, Lizeth <LDuran@kentwa.gov>; Long, Adam
<ALong@ kentwa.gov>
Subject: Re: City of Kent-VTS Alley Closure between E Titus and E Gowe Final Licensing Documents and THANK YOU !!
Hello Cheryl,
Sure,thatwouldbeOKwithme. Thereisalsoaproblemwiththepagenumbersattheend....'PgLl-of8'etc. youare
welcome to fix those as well if desired.
Thanks,
Helen
Sent from my iPhone
From: Rolcik-Wilcox, Cheryl <CRolcik-Wilcox@kentwa.eov>
Sent: Thursday, December 3O,20212:50:52 PM
To: Helen Newman <HNewman@vtsonline.com>
Cc: Martindale, Delores <DMartindale@kentwa.gov>; Duran, Lizeth <LDuran@kentwa.gov>; Long, Adam
<ALong@ kentwa.gov>
Subject: RE: City of Kent-VTS Alley Closure between E Titus and E Gowe Final Licensing Documents and THANK YOU!!
Hi Helen - I've forwarded the agreement over to our Law Department so our eagle-eyed
attorney can sign off on it for the Mayor to sign. As he perused through, he noticed that Section
15 was mislabeled as Section 13. Are you ok with the City crossing off the mislabeled Section
13 and handwriting in the correct Section 15? Thanks for your patience with us in correcting this
error!
- Cheryl
From: Helen Newman <HNewman@vtsonline.com>
Sent: Wed nesday, December 29, 2021' 4:1O PM
To: Rolcik-Wilcox, CherylcCRolcik-Wilcox@kentwa.eov>; mattsilbert@kentwa.gov
Cc: Martindale, Delores <DMartindale@kentwa.gov>; Duran, Lizeth <LDuran@kentwa.gov>; Corey Barr
<CBarr@andoverco.com>; autotektiresvc@gmail.com; Priscilla Prior <PPrior@vtsonline.com>; Jesse Morgan
<J Morgan @vtsonline.com>; Chad Ca mpbell <cca mpbell@vtson line.com>
Subject: RE: City of Kent-VTS Alley Closure between E Titus and E Gowe Final Licensing Documents and THANK YOU !l
1
Rolcik-Wilcox, Cheryl
Tuesday, January 4,2022 3:58 PM
Rolcik-Wilcox, Cheryl
FW: City of Kent-VTS Alley Closure between E Titus and E Gowe Final Licensing Documents and
THANK YOU!!
EXTERNAL EMAIL