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)
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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
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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:
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Date Received by CitY AttorneY:
319122
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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
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CU€NT: ELLIS ESTATES
PROJECT; MONUMENT
MONUMENTOPTIONs
FRAME
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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
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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
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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
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RATE A0vAilcE PRFMIIIM
CLASS|F|CATT0N PREMTUM
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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
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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:
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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
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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
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LICENSED RESIDENT AGEflT
PAGE
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ENTRY OATE
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04/20/2021
02-t2
r.rA 98391-6302
INSURED $tock llo. 0[981
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TEL, 4a5-AAE3?O4
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60'
Elris Esadtes
Monumentsign
PROJECTLOCATION
SIGN TYPE
Monunqt sigd
OUANTIIY
sE 255h sf / 129rh Ate 5E
SICN SFEEIFICATIONS ^+)
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to Rough sdwn c.datwood hdhe
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STEVE LUXMOFE
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CLIEM
Ellis Estates
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PROJEfiECANON
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-
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SIGN SPECIHCATIONS
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LOCATION
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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