HomeMy WebLinkAboutCAG2022-292 - Original - Meridian South Storage LLC - Limited License Agreement for Civil Construction - 07/14/2022KENT
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)WaSHTNGToN
f
oL
CL
CL
Originator:
Amy Waters
Department:
ECD
Date Sent:
07t13t2022
Date Required:
'0711412022
Authorized to Slgn:
CI Director or Designee E Mayor
Date of Council Approval
Budget Account Number:
Budget? EYes E No
Grant? EYes ENo
Type:
co
'..,o
ELora-s
tPco
EooLul
Vendor Name:
Meridian South Storage LLC
Category:
License
Vendor Number:Sub-Category
-OtfET-oriqiv\a\
Project Name: Meridian South Storage
project Deraits:Limited License Agreement for civil construction
Agreement Amount:
srart Dare: 0711312022
Basis for Selection of Contractor:
Termination Date: NOtiCe ReqUifed
Local Business? EYes E No*
*lf meets requirements per KCC 3.70.100, please complete "Vendor Purchase-Local Exceptions" form on Cityspace.
Notice required prior to disclosure?
trYes ENo
Contract Number:
cAain,Dd-a.9a
ctlc
P)\.o
=cT;
o=Ei
IEc
.9UI
Date Received by City Attorney
07t13t2022
Comments:
PLEASE HAVE MAYOR SIGN AND
RETURN TO ME VIA EMAIL.
-AMY WATERS
Dare Routed to the Mayor's Office: *l n-
Date Routed to the City Clerk's Office:1lt+lz L
,d(,\t223ll r,20 Visit Documents.KentwA.gov to obtain copies of all agreements
LIMITED TICENSE BETWEEN
THE CITY OF KENT AND
Meridian South Storage LLC
PARTIES
THIS LIMITED LICENSE ("License") is between the CITY OF KENT, a
Washington Municipal Corporation ("City"), and Meridian South Storage LLC, a
Washington Limited Liability corporation ("Licensee").
RECITALS
1. Licensee seeks to install signage and striping at the southeast
driveway at 15610 Southeast 272nd Street in the City of Kent.
2. Licensee has requested that the City grant a permit to use City right-
of-way to install pavement markings and signage allowing right-in right-out only
traffic at the southeast driveway and in the ROW within the City.
3. The City has agreed to issue this license.
NOW, THEREFORE, THE CITY AND LICENSEE AGREE A5 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
ROW Improvements at 15610 SE 272nd St Kent, WA 98042 ("Premises") across,
along, in, upon, and under the City's right-of-way described in Exhibit A
("Propefty"). City and Licensee agree that this License shall automatically renew at
the end of the Term, and a new ten (10) year Term shall comrnence, unless
terminated as provided in Section 3 of this License. A general description of the
plans and specifications for Easterly ROW Improvements 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, reconstruqtion, replacement, use, and inspection of
the Improvements on the Property. Upon revocation, termination, or expiration of
this License, Licensee shall restore the Propefty to its original condition prior to the
issuance of the License. Such restoration obligation shall survive the expiration of
this License.
LIMITED LICENSE--Page I of B
(between City of Kent and Meridian South Storage LLC)
3, Revocation and Termination. The intent of this License is to
authorize Licensee to install a stamped concrete traffic control pork chop island with
right-in/right-out drive lanes on the designated City right-of-way, which right-oF
way constr-tutes 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 5 shall constitute grounds for immediate revocation by the
City. The consideration in Section 2 is in addition to any fees required for
applicable local, state, and federal permits.
5. Maintenance. Licensee shall maintain the Improvements and
Property in a clean, well-kept, orderly condition to the satisfaction of the City.
Licensee shall promptly make repairs at Licensee's cost, as necessary, to ensure
the Improvements and ProperLy 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 nifi cation req u irements :
7.L Licensee shall defend, indemnify, and hold the City, its officers,
LIMITED LICENSE--Page 2 of B
(between City of Kent and Meridian Sauth Storage LLC)
costs, witness fees, and attorney fees, arising out of or in connection with the
performance of any of Licensee's rights or obligations granted by this License,
except to the extent caused by the sole negligence of the City, its employees,
agents, contractors, or invitees,
7,2 The City's inspection or acceptance of any of Licensee's work
when comple0ted shall not be grounds to avoid any of these covenants of
indemnification.
7.3 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 9
by reason of that settlement. Moreover, if Licensee refuses to defend the City
against claims by third parties, Licensee shall indemnifo the City regardless of
whether the settlement of such clairns 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 party pursuant to this Section I 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 9 indemnification clause.
7.5 The provisions of this Section 9 shall survive the expiration or
termination of this License.
8. lnsurance. Licensee shall procure and maintain for the duration of
this License, insurance of the types and in the amounts described below against
claims for injuries to persons or damage to property that may arise from or in
connection with the performance of the work by Licensee. Licensee also agrees to
require the same coverage of its agents, representatives, employees, contractors,
subcontractors, consultants, subconsultants, or assigns performing work under the
scope of this License and to assure that such coverage is rnaintained
8.1 Before beginning work on the project described in this License,
Licensee shall provide a Certificate of Insurance evidencing:
8.I.1 Automobile Liability insurance with limits no less than
$1,000,000 combined single limit per accident for bodily injury and property
damage; and
LIMITED LICENSE--Page 3 of B
(between City of Kent and Meridian South Storage LLC)
8.1.2 Commercial G.eneral Liability insurance wrilten 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
damage. Coverage shall include but not be limited to: blanket contractual;
products/completed operationslbroad form property damage; explosion, collapse
and underground (XCU); and employer's liability.
8.1.3 Excess Liabilitv insurance with limits not less than
$2,000,000 per occurrence and aggregate.
A.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 lnspection 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,
9. Modification. This License may not be rnodified, altered, or amended
unless first approved in writing by the City.
tO, 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 terrns and conditions of the License and
promise of compliance. Notwithstanding the foregoing, Licensee shall have the
right, wlthout such notice or such written acceptance, to mortgage its rights,
benefits, and privileges in and under this License to the trustee for its bondholders
and assign to any subsidiary, parent, affiliate or company having common control
with Licensee so long as notice of same is provided to the City and provided
LIMITED LICENSE--Page 4 of B
(between City of Kent and Meridian South Storage LLC)
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. Compliance with Laws. Licensee shall comply with all federal, state,
and municipal laws, rules, and regulations that are applicable to this License,
12. Venue and Jurisdiction, This License shall be construed in accordance
with the laws of the State of Washington. Venue and jurisdiction for the 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 party shall be responsible for its own legal costs and attorney fees except as
noted in Section 9.
13, Notices. Ail 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 ceftified mail. ieturn receipt
requested, to the addresses listed below for each pat'ry, orto 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
Meridian South Storage LLC
Attn: Mike Chaffeur
27304 L52d Ave SE Ste 100
Kent, WA 98042
t4. No Waiver of Rights. Nothing in this License shall constitute a
waiver of either pafty'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 donot 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 helshe has the requisite authority to bind the party For whom
that person is executing.
This License is executed and shall become effective as of the last date signed
below.
LIMITED LICENSE--Page 5 of B
(between City of Kent and Meridian Sauth Storage LLC)
CITY OF KENT
By;
Print Nam€rDana Ra
MERIDIAN SOUTH STOMGE LLC
By:
Print Name
Its:
Date 1
Plciyil\FM.\D.sk E6m@r3,Qujrfl sihD€e41-!e6u jmitsl I jcfl s Agemfil.dex
LIMITED LICENSE--Page 6 of B
(between CiW ot Kent and Meridian Soutlt Storage LLC)
Its:Manaqino Memberp^v* 6:78'w zz
STATE OF WASHINGTON )
ss
couNTY oF KrNG )Dffi&l€hI hereby certify that I know or have satisfactory evidence that St
is the person who appeared before rne, and said person acknowledged that she
signed this instrurnent, on oath stated that she is authorized to execute the
instrument on behalf of the City of Kent as its Mayor, and such execution to be the
free and voluntary act of such 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 hand and official
seal the day and year first above written.
0
c
NOTARY PUBLIC, in and for lhe State
of Washington, residing at Bonrw* LeV-
My appointment expires Oq IZVZOZZ
qF
LIMITED LICENSE--Pa9e 7 of B
(between City of Kent and Meridian South Storage LLC)
srATE OF WASHTNGTON )
COUNTY OF KING
s5.
)
cenify that I know or have satisfactory evidence that n'ri Kg
C,nct the person who appeared before me, and said person acknowledged
that he/she signed this instrument, on oath stated that helshe is authorized to
execute the instrument on behalf sf fY\(vrdranS0urn its b({
e..-, and such execution to be the free and voluntary act of such pa for th
uses and purposes mentioned in the foregoing instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above written.
(afu; g H,.ur-*-
KAtne!:,tAL &. 6rcenI
a v I NOTARY PUBLIC, in and
of Washington, residing
My appointment expires
for the Stateat HCnr
II
=I
Pueil c a
a O?-osro)tra
fl2 1
LIMITED LICENSE--Page 8 of B
(between City of Kent and Meridian South Storage LLC)
h;*tSffif$Jz&fi$fu
Exhibit "A"
LEGAL DESCRIPTION
ACCFSS EASEMENI
That portion of Southeast 272nd Street ($tate Route 516) in the City of Kent, Washington, described as
follows:
BEGINNING at the Southeast corner of Lot 1, City of Kent Boundary Line Adjustment Number LL-2A2a-6,
recorded under recording nurnber 202005'19900008, in King County, Washington;
Thence Norlh 00"13'52" East along the Easterly line of said Lot, a distane,e of 5.00 feet to the
North line of a S-foot Right of Way dedication, as recorded under recording number 20200519900008,
records of King County, Washington;
Thence Norh 89"56'06" West departing said Easterly line and along said Northerly tine of
Dedication, a distance of 94.00 feet:
Thence South 00'13'52 West, departing said Northerly line, a distance of 25.00 feet:
Thence South 89"56'06 East, parallel to and 25.00 feet south of said Northerly line, a dlstance of
94.00 feet:
Thence North 00'13'52' East a distance of 20.00 feet to the POINT OF BEGINNING.
Easement area contains 2,350 square feet, more or less.
Western Washington Division
165 NE Juniper St,, Ste 201, Issaquah, WA 98027
Phone: (425) 392-025A
www,EncornpassES.net
f,astern Washington Division
407 Swiftwatsr Blvd, Cle Blunr, WA 98922
Phcne: (509) 674-7433
t-t&oz
5.00'
TYPE
P|/'N M-24.40-42
zSR PER W9',AT
HEHT /P'AFNC
051020h#-{
SCALE 1" : 2A'
4. DOIJBLE
,IELLOW
CFi'IERUi'E
(rYP)
RI$IT TRAFNC ARROI/ TWE
zffi PER I1SDOI SIANDARO
PLAN M-24.1A-02
TAP{ft AND
END CURB AT
staEtl/ALK (TYP)
OF BECINNING
L7.?a -n. '4 20.0a' z
cuRB (TfP)
MUTCD R3-2,
NA LEFT WRN
RIGHT IN, flEHT OUT
'STAND.RED CANCRETE FLUffi YrtfH DRIWWAY,
STAMPED CONCREIE VrtTH 12, GRID
EXHIBIT B
EncomDass A,-ffirNffirNo E agffirc q
ws*bFturie rlw k,rErc2Dr'@,w 9oirtk.(.rr) lr: {r$' Bdibbwfiffi
.nt sc tu. todrnM9&r, Ad.R9 @l-r{r}