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HomeMy WebLinkAboutCAG2022-092 - Original - Ellis Estates Homeowners Association - License for Neighborhood Sign on City Property - 03/15/2022Agreement Routing Form KENT For Approvals, Signatures and Records Management Thlrform comblnc3& replaces the Request for Mayo/r Slgnlture and Contrtct Cov€r Sheetlotnr. (Prlnt on pink or cherry colored paper) ? oLcc( Originator:Cheryl Rolcik-Wilcox Department:Public Works Date Sent:3/3/2022 Date Required:3/10/2022 Authorized to Sign: Director or Designee Mayor Date of Council Approval: N/A Budget Account Number: Grant? Type: Yes No N/A Eo iy IE EL0rF E IH Eo EooLgl Vendor Name: Ellis Estates Homeowners Association Category:License E Vendor Number: Sub-Category Project Nome: License Agreement for Neighborhood Sign on City Property Project Details: 10 year term w/automatic renewals for 10 years Agreement Amount: N/A Basis for Selection of contractor: Start Date:3/L0/2022 Termination Date:N/A Notice required prior to disclosure? Yes r'No Contract Number: gt c IHJoE l,to L J+,r!tul r^ =o o4 Date Received by CitY AttorneY: 319122 (__-- 1 u comments: Slts/6g-wh,t"r','ad' 6n \ecordd- wY6[bzt' MM Date Routed to the Mayor's Office:3 I 5 Date Routed to the City Clerk's Office: 5 Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccw22373-6-19 __________ ______________ LIMITED LICENSE BETWEEN THE CITY OF KENT AND ELLIS ESTATES HOMEOWNERS ASSOCIATION PARTIES THIS LIMITED LICENSE ("License") is between the CITY OF KENT, a Washington Municipal Corporation ("City"), and ELLIS ESTATES HOMEOWNERS ASSOCIATION, a non-profit corporation ("Licensee"). RECITALS 1. Licensee seeks to install a sign at the corner of SE 256th St. and 192th Ave, SE in the City of Kent. 2. Licensee has requested that the City grant a license to install a neighborhood sign on property owned by the City that is used as a stormwater pond in accordance with permit plans on file with the City. 3. The City has agreed to issue this license NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: LICENSE 1. License Granted. The City grants this License ("License") for a period of ten (10) years from the Effective Date (the "Term") for Licensee to install a small wooden sign that reads "Ellis Estates" at the corner of SE 256th St. and 192nd Ave. SE, on King County Tax Parcel 231660-0300, owned by the City ("Premises") across, along, in, upon, and under the City's property described in Exhibit A ("Property"). City and Licensee agree that this License shall automatically renew at the end of the Term, and a new ten (10) yearTerm shall commence, unless terminated as provided in Section 3 of this License. A general description of the plans and specifications for the sign 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 any damage to the Property caused by the installation, construction, operation, maintenance, removal, repair, reconstruction, replacement, use, and inspection of the Improvements on the Property. Upon revocation, termination, or expiration of this 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--Page 1 of 10 (between City of Kent and Ellis Estates Homeowners Association) 3. Revocation and Termination. The intent of this License is to authorize Licensee to install a neighborhood sign on the designated City property, which 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, Upon receipt of such notice from the City, Licensee is required to remove all Improvements restore the Property pursuant to Section 3. If Licensee fails to remove the Improvements within the allotted time, the City may remove all or part of the Improvements, restore the Property, and recover the costs of such removal and restoration from Licensee. Licensee waives any right it may have to any claim for damages of any kind incurred as a result of the City's removal of all or part of the Improvements, 4. Permits Required. The City's grant of this License does not release Licensee from any of its obligations to obtain applicable local, state, and federal permits necessary to install, construct, operate, maintain, remove, repair, reconstruct, replace, use, and inspect the Improvements. Licensee's failure to comply with this Section 4 shall constitute grounds for immediate revocation by the City. 5. Maintenance. Licensee shall maintain the Improvements and Property in a clean, well-kept, orderly and safe condition to the satisfaction of the City. Licensee shall promptly make repairs at Licensee's cost, as necessary, to ensure the Improvements and Property are kept in good condition to the satisfaction of the City' 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 this License' However, this emergency work shall not relieve Licensee from its obligation to obtain all permits necessary for this purpose, and Licensee shall apply for those permits within the next two (2) succeeding business days. 7. Indemnification. Licensee shall comply with the following indem n ification req uirements : 7.1 Licensee shall defend, indemnify, and hold the City, its officers, officials, employees, agents, assigns, and volunteers harmless from any and all 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 LIMITED LICENSE--Page 2 of 10 (between City of Kent and Ellis Estates Homeowners Association) 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 indem nification. 1.3 These indemnification obligations shall extend to any claim, action or suit that may be settled by compromise, provided that Licensee shall not be liable to indemnify the City for any settlement agreed upon without the consent of Licensee; however, if Licensee consents to the agreed upon settlement, the Licensee shall indemnify and hold the City harmless as provided for in this Section 7 by reason of that settlement. Moreover, if Licensee refuses to defend the City against claims by third parties, Licensee shall indemnify the City regardless of whether the settlement of such claims is made with or without Licensee's consent' 7.4 In the event that Licensee refuses to accept tender of defense in any claim, action, or suit by a third pafty pursuant to this Section 7 and if Licensee's refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) to have been a wrongful refusal, then Licensee shall pay all the City's costs for defense of the action, including all reasonable legal costs, witness fees, and attorney fees and also including the City's costs, including all legal costs, witness fees and reasonable attorney fees, for recovery under this Section 7 indemnification clause. 7.5 The provisions of this Section 7 shall survive the expiration or termination of this License. B. 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 ihe 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 maintained. 8.1 - Before beginning work on the project described in this License, Licensee shall provide a Certificate of Insurance evidencing: 8.1.1 Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property LIMITED LICENSE--Page 3 of 10 (between City of Kent and Ellis Estates Homeowners Association) 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. 8.1.2 Excess Liability insurance with limits not less than $2,000,000 per occurrence and aggregate. 8.2 Any payment of deductible or self-insured retention shall be the sole responsibility of Licensee. 8.3 The City, its officers, officials, employees, agents, assigns and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Licensee and shall make its endorsement available for inspection by the Licensor. Licensor waives no rights and Licensee is not excused from performance if Licensee fails to provide Licensor with a paper copy of the endorsement naming the City as an additional insured. 8.4 Licensee's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 8.5 Licensee's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice electronically and by United States mail of any cancellation, suspension or material change in coverage. g. 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 Licensee remains fully liable to the City for compliance with all terms and conditions of this license until such time as the City shall consent to such assignment as provided above. 11. Comptiance with Laws. Licensee shall comply with all federal, state, LIMITED LICENSE--Page 4 of 10 (between City of Kent and Ellis Estates Homeowners Association) 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 resolution of disputes shall be in the Superior Court for King County, Washington. In the event of claim or litigation regarding the enforcement of the terms of this License, each pafty shall be responsible for its own legal costs and attorney fees except as noted in Section 7. 13. Notices. All notices, requests, demands, or other communications provided for in this License, unless otherwise noted, shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other party in writing: CITY:LICENSEE: City of Kent Attn: City Clerk 220 Fourth Avenue South Kent, WA 98032 Ellis Estates HOA 17404 Meridian East Ste F-PMB 171 Puyallup, WA 98375 L4. No Waiver of Rights. Nothing in this License shall constitute a waiver of either party's right to challenge any portion of the License that is not in accordance with applicable federal, state and local laws, 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 Signatures are on following page LIMITED LICENSE--Page 5 of 10 (between City of Kent and Ellis Estates Homeowners Association) CITY OF KENT By: Print Name:Dana Raloh LICENSEE _ ELLIS ESTATES By: Print Name: Rvan Krebs Its: Date Notary acknowledgment are on the following pages LIMITED LICENSE--Page 6 of 10 (between City of Kent and Ettis Estates Homeowners Association) Its: President Date: 9- ( ' Ze z?- STATE OF WASHINGTON ): ss. 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 iuch party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my han and official seal the day and ar first above n\\\tl lt, A a +o t20t37 ARY PUB in and foraWashington, residing at My appointment exPires ,ttttt WA | \\\ LIMITED LICENSE--Pa1e 7 of 10 (between City of Kent and Etlis Estates Homeowners Association) STATE OF WASHINGTON ): ss. couNTY oF KING ) I hereby certify that I know or have satisfactory evidence that Ryan Krebs is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the initrument on behalf of Ellis Estates HOA as its President, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This gox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and yea r first above written. lr.ll H, Lt)c., A-.rru- NOT Y PUBLIC,in and for the of Washington, residing My appointment exPires atl)rt t {.2A1,3 t\b.t82534 lltCofir Epf.. Orc;$cr 15,2023 LIMITED LICENSE--Page I of 10 (between City of Kent and Ellis Estates Homeowners Association) EXHIBIT A Ellis Estates Storm Drainage Tract, Tract C. STR SE-21-22-5. sE 2 sth Pr 23.16600170 .#r8rt LIMITED LICENSE - Page 9 of 10 I IIIII I O ?.{ +o O "-.1 qJ c'loo- I LIJ (.r)z I,IJ(J) otu t-- J co F co IXul D IX l"ffloo5ttT5cI - I 4' YgO{}F ACcEl./TBE'X6" WCOD POSTAg|R€cl PR$'T 9N ALU$IHUH COi,IPOSTE PAfiTL 5t(,,N 5F'LC lt-tf AT l0N5 .s'tGFl- PltCIS,I sreve luxmonel I ttr.rs-sr.rro. I I rt r>t.*r-otrr Il'"","*-*"*l DATE: Et 4tZA27 wo# DISK* CPF CU€NT: ELLIS ESTATES PROJECT; MONUMENT MONUMENTOPTIONs FRAME PG: 80F9 3t POTICY NUMBER 46 x43136-01 AUIHORIZEO R6PRESENTATIVE AGrNT A63-362 JENNIFER FERRELT 20928 SR 410 E BONNEY LAKE AF 0S 00 08 18 AMERICAN FAMILY MUTUAL I}ISURANCE COMPAIIY, S.I. MAolsON, wlscoNslN 53783-0001 CoMM0l{ 0ECLARATl0ltlS c0tsPAllY c0CIE OO21_BLBK-WA 45 X43136-O1 oor cFR cusToMER BILUilG ACC0UI{T a2t-587-631 77 Ooo o oo6sOO Oooooa NAMEO El,LiS ESTATES HOMEOI4NSRS A"SSOCIATION IIISURED C/O ,J & M MANAGEMENT MAtLlllG :?404 MERTDTAN E STE F pMB 171 ADoREss PUvALr,uP wA 9g375-6234 POTICY PERIOO FRAM 07/r7/2A2t To 07/17/2A22 12:01 A.M. Standard Time at your mailing atldress shown above. F0RM 0f EUSlllESS: CORP0RATION BUSIi'IESS 0ESCRlPTl0l{: HOXEOHNERS ASS0CIATION ln return for lhe payment of the premium, and subiect to all the terms 0f this policy, we agree with you to provide tha insurance as stated in this policy. This policy c6nsists ol the following coverage parts for which a premium is indicated, this premium may be subiect to adlustment' PRElilUftt COMI,IERCIAL GENERAL LIABILITY COVERAGE PAR? $3OO.OO UINIMUH ToTAL PREilIUM $300.00 you may be charged a lee when: (al you pay less than the full amount aue; (b) your paymenl is late; andlor (c) when your bank doas not honor your check or eleclronic patmsnt. Refer to your Billing Nstice for les amounls' l,l/li*6,ffi ']*€-**-COUNTERSIGNED TICENSEO RESIDEilT AGINI ffi PAGE 01 BRANCH CFR ENTRY DATE A4I2A/2A21 l{A 98391-63A2 I NSURED Stock No. 05975 02-t2 37 POLICY IIUMBER 46 X43136-01 AMERICAN FAMILY MUTUAT IiISURANCE CBfIIPANY, S.I, MADTSON, WISCONSIN s3/83'0001 COMMERCIAL GENERAL LIABILITY COUERAGE PART OTCTARATIONS iIAMED ELLTS Es;?ATES I{OMECWNERS ASSOCiATION INSURID CIC J & M MANAGEMEN? MAILINC i1404 MILRIDIAN E STE ? PT4B L1i. AD0RESS pUyA1LUp wA 98313-5234 LIMITS OF INSURANCE GENERAL AGGREGATE LIMII {OIHER THAN PRODUCIS.COMPLETED OPERATIONSi PRODUCTS.COMPLETED OPIRATIONS AGGREGATE LIMIT PERSONAL & ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT DAMAGE IO PREMISES RENTED TO YOU LIMIT . ANY ONE PRIMISES MEDICAL EXPENSg LIMIT - ANY ONE PERSON TOCATION OF ALL PREMISES YOU OWN, RE}IT OR OCCUPY LocATroN 0001 PREMTSES 001 25426 128TH AVE SE KENT KING COUNTY HA 98030_5045 46 X43136-Ol oo1 cFR COMPANY CODE 002 1-BLSK-WA $2 , 000,000 $2, 000, 000 $1,000,000 $1,000,000 $ 100, 000 $5,000 ooooOo o0ooo oo Oaa RATE A0vAilcE PRFMIIIM CLASS|F|CATT0N PREMTUM C00E gESCRtpTtglt 8ASl8 AGENT affi-362 JBNNiFER FERRELL 2A928 SR 410 E BONNEY LAKE cG AF 01 08 18 ALL PR1OTHER CO HOMEOWNERS ASSOCIATION PRODUCTS_COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LII'1IT 27 5.827(oo7) (e) ALL OIHTR PAGE BRANCH ENTRY DATE $92.00 $300.00 MrNrl'tult PH/ c0 ffi 09030 $157.00 A*EACH ONE 007=UNITS EALANCE TO MIiIIMUM TOTAT AOVANCE PREMIUM torms anrj endprsemenls applying t0 lhis coverage part and made part of lhis policy at time of issue: cG 2L 75 01 15 rL 01 98 07 0Z CC 00 al L2 a7 cc 0l 8r a7 98 tL 75 40 03 16 tL 0l 46 A9 A7 tL 75 AZ 06 99 CG 2L 60 09 98 cc 26 77 L2 A4 CG 77 14 0l 06 rL A9 85 0l 15 CC 21 05 05 14 rL 01 23 ll 13 cc 01 97 L2 A7 cc 21 96 03 05 cG 77 04 07 10 01 CFR a4/20l2A2t 02"12 ltA 98391-6302 I NSURED $tock llo. 05S8't 37 POLIGY }IUilI8ER 46 x43136-01 AUTHORIZ€D REPRESENTATIVE AGEIIT 063-362 JENNIFER FERRETL 20928 SR 410 E BONNEY LAKE c0 AF 01 08't8 AilERlcAll FAilILY tilUrUAL |llsunAllcE c0tllPAllv, s.l. MADISoN, WSCoNSIN 53783-0001 COMMERCIAT GEIIERAL LIABITITY COUERAGE PART DECTARATIO!IS 46 X43,l36-0l ool cFR COMPANY CODE OO2I-BLBK-WA htrl&Lt,uffi -l=€*^h-COUNTERSIGNED LICENSED RESIDENT AGEflT PAGE BRANCH ENTRY OATE 02 CFR 04/20/2021 02-t2 r.rA 98391-6302 INSURED $tock llo. 0[981 Ers*=s TEL, 4a5-AAE3?O4 FAX. 4a5-961-Oe48 60' Elris Esadtes Monumentsign PROJECTLOCATION SIGN TYPE Monunqt sigd OUANTIIY sE 255h sf / 129rh Ate 5E SICN SFEEIFICATIONS ^+) Alhlnun .onpotile podel ho@ted to Rough sdwn c.datwood hdhe MAIEHIAL -) @ oi@tpnilo,tuh G) silvetvi"yl @o @ @ slq I. d dosbb ti&d PdnL Elek il rtv.B. o @o @6 ,o 2214852 APPROVEO 1212912021 l of 4 E{€*=S STEVE LUXMOFE TEL 4e5-6Br<aO4 Fd.4a6€61€a4B CLIEM Ellis Estates _T _t Monument slgn 50" PROJEfiECANON OATE LOCATION - sE 25tu Sf / 12ilh Ne Se SIGN SPECIHCATIONS -) Ato'lnud @npoth. pon l n.untd t. tuugl &m c.tu*ood hdft MATEFIAL_, @ ote.tpdnrontun ilunbm c64ottu tua.l o 5'fi' tuqh srya cAdaf vo6d tud O t" x 1" Rough sM Cetutwd eent @ t" s t" tugh sam cetuttud slab ooo FILL C€MENTABOVE GMDEAND SLOPEAWAY FROMPOSTs COMPACT GMVEL C6LOHPAffiE o- oo @ @ o FRONTVIEWLJ- APPROVED 1229p021 2 of4 I TIIII I a' 1 a J ! a' trLLISE.rtate.f v@ @ E4s!l*Fos\ STEVE LUXMORE TEL. 4e5-AA532C4 FAX a2s-861-Oa48 PFOJECT LOCATI6N Ellis Estdtes Monumentsign SIGN IYPE u.numedt stqn sE 255k sf I 129th At. sE srGN spEctFlca-noNs -l Alun inun.onpotil. Cdnel nount d b Aotgh sown cEddr wood tudne o0o @ @oo oo @o EOLOR PALffE_,(, MATERIAL+.) @ tu.t pnft onAluninuil tongotlt Pd.I 6"x6" Rough sdM c.ddilood tutl r" x 4" aough sorn cetut a..enr r" x t" Rough s.rd aetut vood shts Existin Conditions I - 2214852 APPROVED 1229t2021 3 of 4 e{qal:]s TtEVE LUXMOHE FAX.42E-861{e4B CLIEN1 Elrrs Estotes PFOJECT@CATION oate Monumentsign LOCATION sE 256h sf / t29th tue sE CO6RPALffE SIGN BFECIFICAfIONA AtuDinun @n@ttr ponel nourt d 6 atugh sdan cedortune TIdNTYFE+,Honment gg OUANTITY I MATECIAL - ooo ooooo o @ooo o MOA - Fii 2214A52 APPROVED 1229n021 4of4 PERMIT Check permit status "online" at www. c i. ke nt.w a. u s/p e rm itc e n te r KENT Permit #r CwSr-22t4952 rvR # z 2331-02 Proj ect: Permit Narne: ELLIS ESTATES - MONUMENT SIGN APN: RIGHTOFWAY SiTe AddrCSS: RIGHT OF WAY Location: ROW NWC SE 256TH ST / L29TH AVE SE OWNER ON APPLICATION Name: CITY F KENT Address: 400 W GOWE ST KENT, WA Phone: E-mail: TYPE OF CONSTRUCTION a99'7 Stories Square Feet District Edition I@I@@ Scope of Work FREESTANDING SIGN LESS THAN 6 FEET TALL INSTALL NEW MONUMENT SIGN 60r' x 55[ Permit Items MECHANICAL ITEM QUANTITIES 1 MECHANICAL PERM]T ISSUANCE FEE PLUMBING ITEM OUANTITIES 1 PLUMB]NG PERMTT ISSUANCE FEE CONSTRUCTION CONTRACTOR Name: SIGN PROS, INC. Address: 17425 NE 70 ST. REDMOND, WA 98052 License: Phone: SIGNPI*017N7 206-'773-3190 \ \L_ vt/ . \ '/4kuac 'O |t-,.dzt't- Issued By: Building Services Mgr Date: 12-,JAN-22 Expiration Date : LL-JUL-22 Page 1 of 1