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HomeMy WebLinkAboutCAG2022-307 - Original - Acorn Uniforms, LLC - Limited License to Install a Security Fence - 07/25/2022Agreement Routing Form KENT For Approvals, Signatures and Records Management Thls form <omblnes & replaces the Request fol Mayo/s Slgnatul€ and Contract Cover Sheet forms. {Print on pink ov cherry colored paper) G oLco Originator:Cheryl Rolcik-Wilcox Department:Public Works E Date Sent:7/L9/22 Date Required:7/26/22 Authorized tosign: Director or Designee Mayorm Date of Council Approval: N/A Budget Account Number: Grant? Type: Yes M*o N/A E .9IP IE ELorh E flco EooLgl Vendor Name:Acorn Uniforms, LLC, et al.Category:License Vendor Number:N/A Sub-Category Project Nome:License for Alley between East Saar St and East Willis Street Project Details:License to install a security fence in City Right-of-Way Agreement Amount: $2,500 Basis for Selection of Contractor: Start Date:7/20/22 Termination Date:5 yrs + auto renewal Notice required Prior to disclosure? Yes No Contract Number:cnTzoLz-ffi Comments: Mayor Ralph - This agreement was excuted in counter-parts. Please sign on page 8 and have your signature notarized on page 9. Thank you! - Cheryl R-W Date Received by City AttorneY: 7lt9l22 r' L_ Dote Routed to the Mayor's Office: Date Routed to the City Clerk's Office:L7 gl tr +, oE t^oL flG Cgl vt =o oE Date Sent to Orig i nator:1 Visit Documents.KentWA.qov to obtain copies of all agreements adccw22373 6 19 LIMITED LICENSE AGREEMENT BETWEEN THE CITY OF KENT AND ACORN UNTFORMS, LLC PARTIES THIS LIMITED LICENSE AGREEMENT ("License") is between the CITY OF KENT, a Washington Municipal Corporation ("City"), and ACORN UNIFORMS, LLC, a Washington limited liability company; KARL EMIG, an individual; SUNCOM' INC. a Washington corporation; SAMY ZEWDU, an individual for SUNSTAR FOOD MART; ISHTAR GREEK CUISINE LLC, a Washington limited liability company; and THE CITY SMOKE SHOP 2 LLC, a Washington limited liability company (collectively "Licensee" or t'Licensees"), RECITALS 1. Licensee seeks to install a security fence within and upon the City's Right-of-Way between East Saar Street and East Willis Street in the City of Kent ("Property"), 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 CITY 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 Date (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 Saar Street and East Willis Street in the City of Kent. A general description of the plans and specifications for the security fence, along with any necessary appurtenances, and a graphical depiction olthe general location of the fence and related improvements ("Fence") is attached hereto as Exhibit A ("Licensed Area")' 2. Fee and Renewal. Licensee agrees to pay the City a fee of two thousand five hundred dollars ($2,500.00) in consideration for the City's grant of this License which must be paid within 30 days of the execution of this Agreement' Any applicable taxes due as a result of this agreement shall be the responsibility of Licensee. Unless otherwise terminated, the City and Licensee agree that this License LIMITED LICENSE-Security Fence (between City of Kent and Acorn Uniforms, LLC) Page 1 of 11 shall automatically renew at the end of the Term and a new five-year Term shall commence under the same terms and conditions and requiring the same fee. 3. No Storage Permitted on City Property. Licensee shall not store, park, or dump anything within the Licensed Area. The License is only intended to permit the Licensee to install, operate, and maintain the Fence. Discovery of Licensee's cars, materials, supplies, or garbage 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 Property caused by the installation, construction, operation, maintenance, removal, repair, reconstruction, replacement, use, or inspection of the Fence within the Licensed Area. Upon revocation, termination, or expiration of this License, Licensee shall restore the Licensed Area to its original condition prior to the issuance of the License, except as authorized in advance by the City' Any portion of the Fence, including any appurtenances thereto, that the City allows to remain shall, upon expiration of the License, become the sole property of the City without any reimbursement for the remaining value thereof to Licensee. This restoration obligation shall survive the expiration of this License. 5. Revocation and Termination. The intent of this License is to authorize Licensee to install, operate, and maintain a security fence ("Fence"), along with any necessary appurtenances, within and upon the City's Property, which right- of-way constitutes a valuable property interest owned by the City. This License does not grant an estate in the land described as the Licensed Area; 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 Licensed Area, 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, except where immediate revocation is expressly authorized elsewhere in this License. Upon receipt of such notice from the City' Licensee may be required to remove all portions of the Fence and related appurtenances and restore the Licensed Area to its previous condition. If Licensee faiis to remove the Fence within the allotted time, the City may remove all or paft of the Fence, restore the Licensed Area, 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 Fence. A violation of the terms by any one of the Licensees subjects the License to potential revocation. 6. permits Required. Licensee has applied for and has been granted a permit for installation of the Fence. The conditions set forth in the permit are incorporated into the License and it is attached hereto as Exhibit B ("Permit")' Failure to abide by such conditions shall be grounds for termination of the License. LI MITED LICENSE-SecuritY Fence (between City of Kent and Acorn Uniforms, LLC) Page2 of 11 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 Fence. Licensee's failure to comply with this Section 6 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' 7. Maintenance. Licensee shall maintain the Fence and any necessary appurtenances, along with the rest of the Licensed Area, in a clean, well-kept, orderly and safe condition to ttre satisfaction of the City, Licensee shall be responsible for maintaining, at its sole expense, all improvements related to the Fence, and shall keep the iime in good and safe repair, order, and condition, Such duties shall include, but not be limited to: Maintenance of the Fence on the City's Property, prompt repair of any damages or defects along or immediately adjacent to the Fence, and removal or repair of obstacles within the Licensed Area or any immediately adjacent portions of the City's Property. B. Access. The City shall have free access to the Licensed Area at any and all times without any prior notice to Licensee whatsoever. In the event of an emergency in which the Fire Department, Police, or any other emergency or law enforlement personnel require immediate access to the Property, but normal, key entry access is unavailable for whatever reason, neither the City nor any emergency personnel shall be liable for any damages to the Fence as a result of the need to gain immediate access (e.g,, cutting, breaking, tearing down, etc.). The cost of repair resulting from such an emergency situation shall be borne solely by Licensee. 8,1 Fence as a Hazard. In the event of any emergency in which any portion of the Fence becomes unexpectedly damaged, or in any other way constitutes an immediate danger to the property, life, health, or safety of the public, 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 fhose permits within the next two (2) succeeding business days' a.2 Trespass by Licensee. The city makes absolutely no representation as to the iegality of Licensee's physical presence on or any erection of fence over any private property adjacent to City Property or the License Area' Licensee's defense and indemnification, as required pursuant to Section 9 below, shall also include any claim of trespass that may arise form Licensee's erection of the Fence. 9. Indemnification. indem nification req ui rements : Licensee shall comply with the following LIM ITED LICENSE-Secu ritY Fence (between City of Kent and Acorn l'lniforms, LLC) Page 3 of 11 9.1 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 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. 9.2 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. 9.3 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 indemnify the City regardless of whether the settlement of such claims is made with or without Licensee's consent. 9.4 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 9 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 for recovery under this Section 9 indemnification clause. 9.5 The provisions of this Section 9 shall survive the expiration or termination of this License. 10, Insurance. Licensee shall procure and maintain forthe 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 made pursuant to this License' 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. 10.1 Before beginning work on the project described in this License, Licensee shall provide a Certificate of Insurance evidencing: 10.1.1 Automobile Liabilitv insurance with limits no less LIM ITED LICENSE-Security Fence (between City of Kent and Acorn Uniforms, LLC) Page 4 of 11 than g1,000,000 combined single limit per accident for bodily injury and property damage; and 10.1.2 Commercial General Liability 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 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. 10.1.3 Excess Liability insurance with limits not less than $2,000,000 per occurrence and aggregate. 1.O.2 Any payment of deductible or self-insured retention shall be the sole responsibility of Licensee. 10.3 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. LO.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. 1O.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. 11. Modification. This License may not be modified, altered, or amended unless first approved in writing by the City' L2. 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; provided, however, that Licensee may only assign all or a portion of its rights, benefits, and privileges in and under this License to a subsidiary, parent, affiliate or company having common control with Licensee; and then only so long as notice of the same is provided to the City, and provided further that 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 the assignment as provided above. LIMITED LICENSE-SecuritY Fence (between City of Kent and Acorn Uniforms, LLC) Page 5 of 11 13. Compliance with Laws. Licensee shall comply with all federal, state, and municipal laws, rules, 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 Court for King County, Washington. In the event of clalm 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. 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: City of Kent Attn: City Clerk 220 Fourth Avenue South Kent, WA 98032 Emai I : cityclerk@kentwa. qov LICENSEES: Karl Emig 402 Railroad Ave. s. Kent, WA 98032 Email: karlemi@msn,com Acorn Uniforms LLC Attn: Rick Waedekin 414 Railroad Ave. S. Kent, WA 98032 Email : rick@acornuniforms.com SunCom Inc Attn: David Lam 115 E Willis St. Kent, WA 98032 Email : Davidlam000@yahoo.com Ishtar Greek Cuisine LLC 42t Central Ave. S. Kent, WA 98032 Email: Ishtar wa@yahoo.com Samy Zewdu Sunstar Food Mart 405 Central Ave. S. Kent, WA 98032 Email : Starfifel @qmail.com The City Smoke Shop 2 LLC 415 Central Ave. S. Kent, WA 98032 Email : thesmokeh@gmail.com 16. No Waiver of Rights. Nothing in this License shall constitute a waiver LIMITED LICENSE-Security Fence Page 6 of 11 (between City of Kent and Acorn Uniforms, LLC) of either party's right to challenge any portion 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 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"). 18. 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. CITY OF KENT: By : Dana Ral nh Title: Date:1 SEES: ACORN LLC KARL EMIGH Date: By: Title SUNCOM INC. By: David Lam By: Karl Emiqh Date: SAMY SUNSTAR MART By: Titler Date Title Date: LIMITED LICENSE-SecuritY Fence (between City of Kent and Acorn Uniforms, LLC) PageT of 11 By: K CUISINE LLC THE CITY SMOKE SHOP 2 LLC By: Title Title: DateDate: STATE OF WASHINGTON ): ss. couNTY oF KING ) I hereby certify that I know or have satisfactory evidence that Dana Ralph is the person wlro 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 such party for the uses and purposes mentioned in the foregoing instrument. ttt LIMITED LICENSE-Secu rity Fence (between City of Kent and Acorn Uniforms, LLC) IN WITNESS WHEREOF, I have hereunto set my hand and official seal o at Ithe da -Notary Seal Must Appear Within This Box- for the State rst above written NOTARY PUBLIC, in and of Washington, residing My appointment expires Page 8 of 11 oF WASHINGTON ) co OF KING ss reby certify that I know or have satisfactory evidence that - is the pe rson who appeared before me, and said person acknowledged that he/she gned this instrument,on oath stated that he/she is authorized to execute I ) ) the instrume execution to on behalf of Acorn Uniforms, LLC as its , and such e free and voluntary act of such party for the uses and purposes mentioned in the regoing instrument. STATE OF WASHINGTON ) ss COUNW OF KING I certify that I know or have satisfactory evid who appeared before me, and said person ackno ce that Karl Emigh is the Person ged that (he/she) signed this instrument and acknowledged it to be (his/her) free an purposes mentioned in the instrument. luntary act for the uses and LIMITED LICENSE-Security Fence (between City of Kent and Acorn Uniforms, LLC) -Notary Seal Must Appear Within This Box- EREOF, I have hereunto set my hand and official seal ve written. PUBLIC, in and for the State exprres ington, residing at the day and year first IN WITNESS My ap of N d official sealIN WITNESS WHEREOF, I have hereunto set my hand the day and year first above written. -Notary Seal Must Appear Within This Box- My appointment exPires NOTARY PUBLIC, in and for the State of Washington, residing at Page 9 of 11 ATE OF WASHINGTON ) :SS )OF KING I by certify that I know or have satisfactory evidence that David Lam is the perso o appeared before me, and said person acknowledged that he/she signed this instrum t, on oath stated that he/she is authorized to execute the instrument on behalf of Sun voluntary act instrument. m Inc. as its , and such execution to be the free and uch party for the uses and purposes mentioned in the foregoing STATE OF WASHINGTON ] couNrY oF KrNG t ss nce that Samy Zewdu is theI certify that I know or have satisfactory person who appeared before me, and said person this instrument and acknowledged it to be (his/her) free and purposes mentioned in the instrument. edged that (he/she) signed d voluntary act for the uses LIMITED LICENSE-Security Fence (between City of Kent and Acorn Uniforms, LLC) -Notary Seal Must Appear Within This Box- REOF, I have hereunto set my hand and official seal PUBLIC, in and for the State ent expires gton, residing at written.the day and year first a N IN WITNESS My appo ofW official sealIN WITNESS WHEREOF, I have hereunto set my hand an the day and year first above written. -Notary Seal Must Appear Within This Box- My appointment expires NOTARY PUBLIC, in and for the State of Washington, residing at Page 10 of 11 STATE OF WASHINGTON ) ss the instru mentioned in NTY OF KING hereby certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/s sig ned this instrument, on oath stated that he/she is authorized to execute on behalf of Ishtar Greek Cuisine, LLC as its -, and such executi to be the free and voluntary act of such party for the uses and purposes foregoing instrument. STATE OF WASHINGTON ) ss COUNW OF KING I hereby certify that I know or have evidence that is the person who appeared before and said person acknowledged he/she is authorized to executethat he/she signed this instrument, on oath stated t ) ) the instrument on behalf of The City Smoke Shop 2' such execution to be the free and voluntary act of such mentioned in the foregoing instrument. LIMITED LICENSE-Security Fence (between City of Kent and Acorn Uniforms, LLC) as its and forthe uses and purposes -Notary Seal Must Appear Within This Box- HEREOF, I have hereunto set my hand and official seal RY PUBLIC, in and for the State ntment expires shington, residing at bove writtenthe day and year fi IN WITNE Mya of N official sealIN WITNESS WHEREOF, I have hereunto set my hand a the day and year first above written. -Notary Seal Must Appear Within This Box- My appointment expires NOTARY PUBLIC, in and for the State of Washington, residing at Page 11 of 11 i I bY- H:' P 16. No Waiver of Rights. Nothing in this License shall constitute a waiver of either party's right Lo challenge any poftion of the License that is not in accordance with applicable federal, state and local laws. LZ. 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"). 18, 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. CITY OF KENT: By;Dana Ral nh Title: Mavor Date: LICENSEES: ACORN UN LLC Title Date: SUNCOM INC. By: David Lam Title: Date: SAMY ZEWDU SUNSTAR MART ,l-. KARL EMIGH By Karl Emi rl h Date By mt Title; Date LIMITED LICENSE-SecuritY Fence (between City of Kent and Acorn Uniforms, LLC) PageT of 11 of either party's right to challenge any portion of the License that is not in accordance with applicable federal, state and local laws' t7. Entire Agreement and Effective Date, This License contains the entire agreement U"tw-een tne 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 thli License. tiris ticense shail be effective upon the last day executed below ("Effedive Date"), 18. Warranty of Authority to Execute. Each person executing this License warants 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. CITY OF KENT: By : Dana Ralnh Title;Mevnr UCENSEES: ACORN UNIFORMS LLC Date: KARL EMIGH By Date: SAMYZEWDU SUNSTARFOODMART SUNCOM INC. David l:rn Tltle:Title Date Date LIM fTED LIC E NSE-SecuritY Fence (between City of Kent and Acorn Uniforms, LLC) By Sami Zewdu Page 7 of 11 16. No Waiver of Rights. Nothing in this License shall constitute a waiver of either party's right to challenge any portlon of the License that Is not In accordance with applicable federal, state and local laws. 17. 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 fast day executed below ("Effective Date"). 1s. 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. CITY OF KENT: By: Dana ai h Title: Mayor Date: LICENSEES: ACORN UNIFORMS LLC By: rr wjl Title: Date: ,@ "gUILI-1 By: AYE Lam zW" Title: 71 S12 v 2-2- KARLEMIGH By: KUA Date: SAMY ZEWDU SUNSTAR FOOD MART By : gym!. Title: a3e❑ aye a ISHTAR GREEK CUISINE LLC Titlei Date THE CITY SMOKESHOP2 LLC Title: Date By STATE OFWASHINGTON ) couNrYoF KrNG t 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 Mayor, and such execution to be the free and voluntary act of such patty for the uses and purposes mentioned in the foregoing instrument. - No ta ry S eal Mu* Aprear With in Th is Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written' NOTARY PUBUC, in and for the State of Washington, residing at- My appointment expires - UM tTED UCENSE-Security Fence (between City of Kent and Acorn Uniforms, LLC) Page 8 of 11 ISHTAR GREEK CUISINE LLC THE CITY SMOKESHOP2 LLC By:By Title: Date Title: Date wN) STATE OF WASHINGTON ) ss COUNTYOF 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 such party for lhe uses and purposes mentioned in the foregoing instrument. -Notary Seal MUQ ApFar within This Box' IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year firsl above written. NOTARY PUBUC, in and for the State of Washington, residing at_ My appointment expires llM tTED LICENSE-Security Fence (between City of Kent and Acorn Uniforms, LLC) Page 8 of 11 STATE OF WASHINGTON ) ss COUNTY OF KING I hereby certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged NO hn that he/she signed this instrument, on oath stated that he/she is apfhori4pd to execute the instrument on behalf of Acorn Uniforms, LLC as its /t:-nd/of 4, 9nd such execution to be lhe free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. (t t ttttt llll OF tl\ KINGCOUNry ) ) ss I ceftify that I know or have satisfactory evidence that Karl Emigh is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument' -Notary Seal Must Appear Within This Box- ' IN WITNESS WHEREOF, I have hereunlo set my hand and officialseal the day and year first above written' NOTARY PUBLIC, in and for the State of Washington, residing at My appointment exPires LIMITED LICENSE-Security Fence (between City of Kent and Acorn Uniforms, LLC) iN WITNESS WHEREOF, I have hereunto set my hand and officialseal -Notary Seal Must Appear Wilhin This gox- PUBLIC,in and for the State L. davtllll rdtheyea ,It F EXP. \ NOTARY PUBLIC of Washington, residing at My appointment expires -ao-L first above written. Page 9 of 11 i Ir STATE OF WASHINGTON ):ss couNTY oF KING ) ' I hereby certify that I know or have satisfactory evidence that David Lam is the person who aPP eared before me, and said Perso n acknowledged that he/she signed this instrument,on oath stated that he/she is authorized to execute the instrument on behalf of SunCom Inc. as its and such execution to be the free and voluntary act of such party for t the foregoing instrument. he uses and purPoses mentioned in STATE OF WASHINGTON ) : couNTY oF KING ) ss, I certify that I know or have satisfactory evidence that Samy Zewdu is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument' lttlllldll -Notary Seal Must APPear Within This Box- OF, I have hereunto set my hand and official \, sea bove written. t RY PUBLI t in and for the State ashington, residing at -lv Vv' OFW ppointment expires,rftilt LIMITED LICENSE-SecuritY Fence (between City of Kent and Acorn lJniforms, LLC) -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. NOTARY PUBLIC, in and for the state of Washington, residing at My appointment exPires Page 10 of 11 STATE OF WASHTNGTON ) ss, COUNTYOF KING ) I hereby ceftify that I know or have satisfactory evidence that - is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that hdshe is authorized the instrumenton behalf of Acorn Uniforms, LLC as its to execute and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. - Nota ry S€j,l Mu* ApFat Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and officialseal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires _ STATE OF WASHINGTON COUNTYOF KING I certify that I know or have satisfactory evidencethat Karl Emigh is the person who appeared before me, and said person acknowledged that (helshe) signed this instru ment and acknowledged it to be (his/her) free and voluntary act forthe uses and purposes mentioned in the instrument. curity Fence Page 9 of 11 ss. ..\\ IN WITNESS WHEREOF, I have hereunto set my hand and official seal State LtI N t - Nota ry s al Mud Apwar Wlth ln Th is Box- the day and year first above PUBUC, in and for of Washington, residing at My appointment expires and Acorn Uniforms, LLC) 7 E 0F WASHINGToN ) ss NTY OF KING ) t hereby certify that I know or have satisfactory evidence that David Lam is person who appeared before me, and said person acknowl edged that he/she red this instrument, on oath stated helshe is authorized to execule the and such execution to I trument on behalf of SunCom Inc. as its the free and voluntary act of such party e foregoing instrument, the uses and purposes mentioned in STATE OF WASHINGTON ) COUNTY OF K1NG i I certifY that I know person ss. or have satisfactory evidence that SamY Zewdu is the who appeared me, and said Person acknowledged that (he/she) signed before free and vol untary act for the this instrument and acknowledged it to be (his/her) uses and Purposes mentioned in the instrument' LIMITED LICENSE-SecuritY Fence (between City of Kent and Acorn lJniforms, LLC) reu HYUNG LEE PUBLIC $ATEOT set mY hand and official -Notary Seal Must Appear Within This Box- in and for the residing at appointment exPires IN WITNESS WHEREOF, 1 seal the day and year first above -Notary Seat Musf Appear Within This &ox- lN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year flrst above written' of Washington, residing at -- NOTARY PUBLIC, in and for the State My appointment exPires Page 10 of 11 STATE OF WASHTNGTON ) COUNTYOF KING s5. ) a t I hereby certify that I kno AtA$lNbL is the person who- that he/she signed this instrume w or have satisfactory evidence that Amwvn appeared before me,and said person acknowledged nt, on oath stated that he/she is authorized to execute the instrumenton behalf of Ishtar Greek Cuisine, LLC as its such execution to be the free and volunta mentioned in the foregoing instrument. ry act ofsuch PaftY for the uses and PurPoses and f1 WA ) ) ss CO I hereby certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she sig ned this instrument, on oath stated that he/she is authorized to execute the instrumenton behalf of The City Smoke Shop 2, LLC as its -., and such execution to be the free and voluntary act ofsuch party forthe uses and purposes mentioned in the foregoing instrument. - Nota ry Seal Mu* Aprear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLiC, in and for the State of Washington, residing at-- My appointment expires LIM ITED LICENSE-Security Fence (between City of Kent and Acorn Uniforms, LLC) IN WITNESS WHEREOF, I have hereunto set my hand and official seal 1- PU C, in and -Notary Seal Must Appear Within This Box- the day and year first above for the State at S<q-*ll-r -oq.3o-24of Wash in gton, resid in g My appointment expires Page 11 of 11 STATE OF WASHINGTON COUNTYOF KING I hereby certi fy that I know or have satisfactory evidence that - is the person who appeared before me, an d said person acknowledged is authorized to execute and rthe uses and PurPoses STATE OF WASHINGTON ) : couNTYoF KING ) I hereby certify that I know or have satisfactory evidence tnatYes lF 5h4n"tr y is the person who appeared before me, and said person acknowledged that helshe signed this instrument, on oath stated that he/she is authorized to execute the instrumenton behalf of The City Smoke Shop 2, LLC as i15 Our rrJ(rr , and such execution to be the free and voluntary act ofsuch pafty forthe uses and purposes mentioned in the foregoing instrumenf' FW nf Page 11 of 11LIMENSE-Security Fen ce ss. that he/she sig ned this instrument, on oath stated that he/she the instrumenton behalf of IshtarGreek Cuisine, LLC as its such execution to be the free and voluntary act ofsuch party fo mentioned in the foregoing instrument. ss. - Nota ry Seal Must ApF ar Within This Bax- IN WITNESS WHEREOF, I have hereunto set my hand and officialseal the day and year first above written. NOTARY PUBUC, in and for the State of Washington, residing at -_ My appointment expires -- WHEREOF, I have hereunto set my hand and official seal D n at -Notary Seal Mu* ApFar Within This Box- r first above for the State lrllllN EX'. NOTARY PUBLIO NOTARY PUBLIC, in and of Washington, residing My appointment expires (between City of Kent and Acorn Uniforms, LLC) EXHIBIT A LICENSED AREA and Gates Plan lncludes the Temporary Traific Control A 04t1 VICINITY MAP t/ xi-.r.1.. EXISTING SITE PLAN 42 RAILROAD AVE S KENT, WA 98032 AREA:7,60m$fr (0.l6acres) 414 MILROADAVE S KENT, WA 98032 PARCEL ':9 I 7$0.@20 AFEA.l0,60@sqfi (024 acres) 1'5 E WLLIS ST KENT, WA 98032 PARCEL'.9I7$GM5 AREA 10.970msqfr (025 ac@s) 405 CENTML AVE S KENT, WA98032 PARCELt 917@ @45 ARA IA.@.m$ft (0{1 acres) 4i5 CENTMLAVE S KENT. WA98032 PARCELT:9179m m65 AREA 5 4mm sqfr (0 l3 acres) 421 CENTMLAVE S KENT. WA98032 PARCEI t:917w'@70 AREA]17.a2O @ sqft 10 {1 acresi l I Sr EI 1 ,lfy"n'w f1*rom ,,-" ESAARST , ffi €.,.; l I o uJ o otJ e. ofli2AA( o 1 1i I E WILLIS ST VICINITY MAP PROPOSED SITE PLAN 42 RAILROADAVE S KENI WA98032 PARC€L t:917s.@35 AREA 7.@0.@$ft {O 16dcr€s) 414 RAILROADAVE S KENT. WA98032 PARcEL*:917Sm20 ARs:10,60@ sqfr (024 acrcs) 115 E WLLIS ST KENT, WA 98032 PARCEL*:917S-@5 ARS:10,970.@ qi (O25.cBs) 405 CENTMLAVE S KENT. WA98032 PARCEL t:91 79m-m45 AReA:18,@ m sqfi (0.41 acBs) 415 CENTMLAVE S KENT, WA98032 PARCELI:917S@5 AREAr5,4m@ sqi (O.13 acGs) 421 CENTMLAVE S KENT, WA98032 PARcEL t:917s-m70 AREA:17,820 m sqfi (0.41 acres) ,, fy,E!,@ 2 2 lw** E SAAR ST a IU JaE o(nznfr Pa '1.- _.i ft1(, 't, ji: ::l'+1 -=.= - ai' . i +-Fq*i+-.# E WILLIS ST EXHIBIT B PERMIT PE,RMIT Gheck permit status "online" at www. c i. kent.w a. u s/ pe r m itc e nter KENT Permit #: cwst-2220997 IvR # z 234808 Proj ect: PeTmiT Name: 414 RAILRD AVE ALLEY CLOSURE _FENCE/GATE APN: RIGHTOFWAY Site Address: RIGHT OF WAY Location: 115 E WILLIS & SAAR ST OIIINER ON APPLICATION Name: JANIEBUG LLC Address: B3B LOOKOUT RD CASTLE ROCK, WA 98611 TYPE OF CONSTRUCTION Phone:425-59I-L486 E-mail: RJWAEDEKIN@COMCAST . NET a997 0 Stories ationSquare Feet District Edition I@I@ Scope of Work FENCE GATE CONSTRUCT FENCE/GATE SCOPE OF WORK: ALLEY CLOSURE BEH]ND 414, 402 RAILROAD AVE, & 405, 4T5, 421' CENTRAL AVE, AND 115 E WILLIS. PLAN To INSTAI,I, (1) CHAIN LTNK GATE AT WILLIS ST ALLEYWAY ENTRANEC AND (1) CHA]N LINK GATE AT SAAR ST ALLEYWAY ENTRANCE FOR EMERGENCY SERVICES ACCESS. ALL OTHER ACCESS TO THE SHARED ALLEY WILL BE FENCED OFF TO PREVENT THE ONGOING VANDALISM, GRAFFITI, ACCUMULAT]ON OF UNHEALTHY TRASH, AND IMPROVE SAFETY IN THAT SPACE. FIRE DEPARTMENT KNOX PADLOCKS TO BE PROVIDED BY APPLICANT RELATED PERMIT APPLICATION: RESU-2220886 Conditions c TREET CLEANING REOUIREMENT (EOO1) Applicant shalt continuously keep the stree at.tributed to the work performed under the use, utllity or grading and/ot fill permit. the streets is specifically prohibited. WORK SUSPENSION 1. The Director of Public Works or des ].gna ts and storm drain system free from all debris respective building, civil construction, street Tracking mud, dirt or any other substance onto te may without advance notice and by posting the hereunder.work site suspend or revoke a permit issued 2. NO NEW PERMIT WILL BE ISSUED OR THE SUSPENS]ON LIFTED UNTIL THE ABOVE ''STREET CLEANTNG REQUTREMENT'' (EOO1) IS MET. 3. Where the Direct.or of Public Works or designate determines that been taken to comply with street cleani-ng requirement condition No. sole judgement determi-nes that in the best interest of the City that be taken, tlte City shal1 order the work done and cost thereof shalf holder. no immediate action has E001 above, and in his immediate action should be charged to the Permit The Director of public Works or designaLe may in writing suspend or revoke a permit issued Page 1- of 2 PERMIT Gheck permit status "online" at www. c i. ke nt.w a. u s/perm itc e nte r KENT Permit #: cusr-2220887 M #: 234808 Proj ect: PeTmiI NaMe: 41.4 RAILRD AVE ALI,EY CLOSURE -FENCE/GATE APN: RIGHTOFWAY Site Address: RIGHT OF WAY Location: 115 E WILLIS & SAAR ST Conditions (Continued) hereunder whenever the permit was issued j-n error or on the basis of incorrect informati-on supplied or in violation of any other ordinance or regulation of the City. CLEANUP eff cfeanup and performance shalf be verified by and to t.he satisfaction of City of Kent Inspectors. CONSTRUCTION CONTRACTOR Name: ALKI FENCE CO Address: l-037 CENTRAL AVE S KENT, WA 98032 License: ALKIFFC826,JP Phone: <J- ,,.4.\.r)fu.P"c ,5 D&tta- Issued By Building Services Mgr Date: 15-APR-22 Expiration Date 12-ocT -22 Page 2 of 2 Proj ect , _ PCTMiI NAME: 414 RA]LRO ALLEY FENCE/GATE - STREET USE APN: RIGHTOFWAY PERMIT KENT IvR # | 234755 Check permit status "online" at www. c i. ke nt.wa. u s/pe r m itc e nte r Location: 115 E WILLIS ST & E SAAR ST Permit #t CtqSr- 222Ogg6STV Site Address: RTGHT OF WAY OWNER ON APPI,ICATION Name: JANIEBUG LLC Address: B3B LOOKOUT RD CASTLE ROCK, WA 98611 TYPE OF CONSTRUCTION Phone: 425-59L-I486 E-mail: RJWAEDEKIN@COMCAST . NET ]-997 Stories aluationSquare Feet District Edition I@I@ I Scope of Work STREET USE SCOPE OF WORK: ALLEY CLOSURE 115 E WILLIS. PLAN TO INSTALL GATE TN ALLEY ENTRANCE. REST OF AIJLEY TO BE BEHTND 414, 402 RAILROAD AVE, & 405, 4L5, 421 CENTRAL AVE' AND .]UST NORTH OF WILLIS ST ALLEYWAY ENTRANCE AND SAAR ST ALLEYWAY FENCED OFF TO PREVENT THE ONGOING VANDAL]SM' GRAFFITI, ACCUMULATION OF UNHEALTHY TRASH, AND IMPROVE SAFETY IN THAT SPACE SEE APPROVED CONSTRUCTION SITE PLAN FOR DETALS. STREET CUT REQUIRED: NO TRAFFIC IMPACT: ALLEY WAY CLOSURE KNOX PADLOCK'S TO BE SUPPLIED BY APPLICANT/BUSINESS OWNERS. RELATED PERMIT APPLICATION: RA11- 2220887 Conditions STREET CLEANING REOUIREMENT (EOO1) Appllcant sha11 continuously keep the streets and attrlbuted to the work performed under the respec use, utility or grading and/or fill permit. Trac storm drain system free from afl debris tlve bu1lding, civil construction, street king mud, dirt or any other substance onto the streets is specifically prohibited. INDEMNIFICATION AND HOLD HARMLESS rsigns,agreeStoprotecttheC1tyofKent,it'sofficersand employees and to save them harmfess from afl claims, acLions or damages of every kind and deicription which may accrue to or be suffered by any person' persons, or property by reason of the acts or omissions of the GranLee, its assigns, agents, contractors, licensees, employees or any person whomsoever, j-n connection wlth Grantee's, its assigns', agents', contractors', 1ic-ensees', or employees' construction, installation, maintenance, operation, use or occupancy of the right oi rly or in the exercise of this permit. In case any suit or action is biought against ifr. Ci-ty of fent, iLs officers and employees, arising out of or by reason of any of the above caus"s, the Grantee, its successors or assigns wilt, upon notice Page 1 of 4 PERMIT Check permit status "online" at www. c i. ke nt.w a. u s/pe rm itc e nte r KE T Permit #r CWSI- 222Ogg6STU IvR # z 234755 Proj ect: Permit Name: Site Address: Location: 4].4 RAILRO ALLEY FENCE/GATE _ STREET USE APN: RIGHTOFWAY RIGHT OF WAY 115 E WILLIS ST & E SAAR ST Conditions (Continued) of such action, defend the same at its sofe cost and expense and satlsfy any judgment against the City of KenL, its officers, or employees: PROVIDED, that if the claims or damages are caused by or result from the concurrent negligence of (a) the City of Kent's agents or employees and (b) the Grantee or Grantee's agents or employees, this indemnlty provision sfrltf be valid and enforceabl-e only to the extent of the negligence of the Grantee or the Grantee's agents or emPloYees. AND The Grantee, and on behalf of its assi-gns, agents, licensees, contractors and employees agrees to waive any claims for losses, expenses, damages or lost revenues incurred by it or it.s agents, contractors, licensees, employees or customers in connection with Grantee's, iLs assigns, , agents' , contractors' , ficensees' , or employees' construction, installation, maintenance, operation, use of occupancy of the right of way or i-n the exercise of this permit against Lhe City of Kent, its agents or employees except the reasonable costs of iepair t- property resulting from the negligenL injury or damage to Grantee's property by the City of Kent, its agents, cont.ractors or employees. TITLE 51 INDUSTRIAL INSURANCE ACT heindemnificat'1onob1igationsofaPartyunderthis Section g, each party expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industriaf Jnsurance AcL, and agrees that the obligation to indemnlfy, defend and hold harm]ess provided for in this Sect.ion B extends to any such cfaim brought against t.he indemnified earty by or on behalf of any employee of the indemnifying Party. The foregolng walver shatl not 1n any way preclude the indemnifying Party from raising such immunity-as a defense against any claim brought agalnst the indemnifying Party by any of its employees. PERMIT CANCELLATION OR REVOCATION This permit or prlvilege shall not be deeme prohibit t.he City from granting other permi other public or private compani-es or i-ndivi any of its roads, streets, or public places conLrol over af1 or any part of them, none AND The City may revoke, amend, or cancel this time by giving writ.ten notice to the Grante facilities from the rlght of way. Any faci after written notice of canceflation shall Grantee. TRAFFIC CONTROL During the progress of necessary or as may be shafl be properly light the MUTCD. A11 traffic d or held to be an excfusive one and shafl not ts or franchise right.s of like or other naLure to dual-s, nor shall it prevent the City from using , or affect its right to fu1} supervlsion and of which is hereby surrendered. permit or any of the provisions thereof aL any e. The Grantee sha11 immediately remowe all lities remaining upon the right of way 30 days be removed by the City at the expense of the the work, such barriers sha11 be erected and maintained as may be directed for the protectlon of the traveling public; the barriers ed at night. A11 traffic controf plans and instaflations shal1 be per control devices shal1 be clearly visible and maintained at all times. AND/OR Except as herein of the City stre WORK SUSPENS]ON fire gnglneer and/or inis or her authorized representatives may without advance notice and by postlng the work site suspend or revoke a permj-t issued hereunder. AND authorized, no excavation shall be made or obstacle placed within the limits et in such a manner as to interfere with the travef over said road. Page 2 of 4 G PERMIT Gheck permit status "online" at www. c i. kent.w a. u s/p e rm itc e nte r Permit #: CnSt-Z22O88GSTu rvn # z 234755 Proj ect: PETMiT NAME: 414 RAILRO ALLEY FENCE/GATE _ STREET USE APN: RIGHTOFWAY Site Address: RIGHT OF WAY Location: t-15 E WILLIS ST & E SAAR ST Conditions (Continued) The Engineer and/or his or her authori-zed representatives may in writing suspend or revoke a permit issued hereunder whenever the permit was issued in error or on the basis of incorrecL information supplied or in violation of any other ordinance or regulation of the City PERMIT ACKNOWLEDGEMENT I hereby acknowledge that agree to comply with all further agree to reimburs County, etc. ) C]TY CODES Applicant shall be requir effect as of the date of ADJACENT PROPERTY ACCESS I have read t.his permit. and state that the above is correct and I City ordinances, State laws and fawfuf orders of the inspector. I e the city for any charges incurred from outside agencies (state, ed to comply with all City codes, ordinances and resolutions j-n the issuance of this Permit. POINTS call 253 -856- and your Applicant shall coordinate with adjacent property owners to ensure their access points are kept open and maintained at aff times MONUMENT RESTORATION No survey monument sha11 be removed or destroyed before a permit is obtained as required by WAC 332-120 from the DNR (Department of Natural Resources) . A copy of the authorized DNR permit wlth permit number siratt be submitted prior to the issuance of a City of Kent permit A survey monument includes atl street monuments, property corners, GLO corners and agency control disks, washers or tags as defined in WAC 332-1-20-020 inclusive of City of Kent' WSDOT, King County and NGS control disks, washers or tags PAVEMENT RESTORATION PAVEMENT RESTORATTON SHALL CONFORM TO KENT DESIGN AND CONS TRUCTION STANDARDS SECTION 6.L7.B(2.D.2) AND STANDARD PLANS 6-64 THROUGH 6-59 FOR NON-ARTERIAL ROADS. A FULL WTDTH OVERLAY 2" HMA CLASS %, lS REQUIRED FOR A NON-ARTERIAL ROAD, '75 < OCI <= 55. A FULI, WIDTH OVERLAY WITH 1'I HMA CLASS 3/B'' TS REQUTRED FOR A NON-ARTERIAL ROAD, OCI >= 75 PAVEMENT RESTORAT]ON SHALL CONFORM TO KENT DESIGN AND CONSTRUCTION STANDARDS SECTION 6.77.B(2.D.1) FOR AN ARTERIAL ROAD, AND STANDARD PLANS 6-64 THROUGH 6-69. STREET USE INSPECT]ON To schedule your 542'l before 4:30 phone number. inspection through the City of Kent permit IVR system, p lease p.m. You wifl need your permit IVR number, an inspection code Pl-ease use the following lnspection codes; - 290L-job start, - 2902-job fina1. If you have any questions or need to talk to your Public Works inspector' 856-5545 between the hours of 7;00 a.m. - B:O0 a.m. or caf1 253-856-5500 please call 253- after B:00 a.m. TRAFFIC CONTROL AT S]GNAL]ZED INTX TtyuniformedKentpo1iceofficerwithpo1iceveh1c1eto provide traffic conCrol at all signalized intersections or when required by Public Works Inspector. It w111 be the responiiOitity of the contractor to coordinate schedufing with the police department by contacting Sgt. Matt Stansfield at mstansfield@kentwa.gov or calling 253-856-5800. Two weeks' notice is required. HOT MIX PATCH REQUIREMENTS cixaspha1tfortemporarypatchesonprojectsthatwi11beunworked for more than one day from November 1st to March 31st- Page 3 of 4 PE,RMIT Check permit status "online" at www. c i. ke nt.w a. u slpe rm itc e nte r KENT Permit #r CUSI- 222Ogg6STV IvR # z 234755 Proj ect: PETMiI NAME: 414 RAILRO ALLEY FENCE/GATE . STREET USE APN: R]GHTOFWAY Site Address: RIGHT OF WAY Location: 115 E WILLTS ST & E SAAR ST CONSTRUCTION CONTRACTOR Name: ALKI FENCE CO Address:1037 CENTRAL AVE S KENT, WA 98032 License: ALKIFFCB26,JP Phone: <-J- ,t) \,n)fut"1 6 /aUowc Issued By Building Services Mgr Date: l.3-APR-22 Expiration Date t-0-ocT-22 Page 4 of 4