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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