HomeMy WebLinkAboutCAG2022-428 - Original - Shafran Estated MHP LLC - Russell Road Sidewalk Improvements - 11/08/2022Agreement Routing Form
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Visit Documents.KentWA.gov to obtain copies of all agreements
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Contract Number:
adccW22373_6_19
Original
11/09/2022
11/10/2022
CAG2022-428
STORMWATE R IN FRASTRUCTU RE
INSTALLATION AND MAINTENANCE AGREEMENT
This Stormwater Infrastructure Installation and Maintenance Agreement
("Agreement") is between the CITY OF KENT, a Washington municipal corporation
("the City") and SHAFRAN ESTATES MHP LLC, a Delaware limited liability company
("Owner").
RECITALS
A. Owner owns real property located at 24420 Russell Rd. S., Kent WA 98032,
King County Tax Parcel Number: 232204-9062 (the "Property")
B. This Propefty is located at 24420 Russell Rd. S., along which the City is
constructing its Russell Road Sidewalk and Driveway Project (the "Project"). The
Project will fill the existing drainage ditch on the Property and replace it with a
newly constructed sidewal k.
C. In order to allow stormwater drainage on the Property after completion of the
Project, a stormwater pipe and 2 catch basins ("stormwater Infrastructure") must
be installed at the approximate location identified in Exhibit A.
D. After the Stormwater Infrastructure is installed on the Property, the Owner
will assume responsibility for all maintenance, operations, and repair of the
Storm water I nfra structu re,
The parties therefore agree as follows:
AGREEMENT
1. CityResponsibilities.
The City will purchase and install Stormwater Infrastructure on the Property in
approximately the locations shown in Exhibit A.
2. Owner Responsibilities.
2.I Following installation, Owner shall inspect the Stormwater Infrastructure and
either approve the installation or suggest changes within 7 days.
2.2 After Owner approves the Stormwater Infrastructure, Owner shall assume
ownership and be responsible for all operations, repairs, and maintenance. The
City will bear no responsibility for drainage that occurs on the Property or the
residences within the Property, This Agreement shall not be construed as an
assumption by City of any authority, responsibility, or liability regarding the
reconstruction, repair, maintenance, or operation of the Stormwater Infrastructure.
City of Kent-Stormwater lnfrastructure Agreement - L
3. Severability. If any one or more sections, sub-sections, or sentences of this
Agreement are held to be unconstitutional or invalid, that decision shall not affect
the validity of the remaining portion of this Agreement and the remainder shall
remain in full force and effect.
4. Entire Agreement. The written provisions and terms of this Agreement,
together with the attached Exhibit, supersede all prior written and oral statements
by any representative of the City, and those statements shall not be construed as
forming a part of or altering in any manner this Agreement. This Agreement and
the attached Exhibit contain the entire Agreement between the parties. Should
language in any Exhibit to this Agreement conflict with the language contained
within the body of this Agreement, the terms within the body of the Agreement
shall prevail.
5. Modification. No waiver, alteration, or modification of any of the provisions
of this Agreement shall be binding unless in writing and signed by a duly authorized
representative of each of the affected parties.
This Agreement will take effect on the last date entered below.
CITY OF KENT SHAFRAN ESTATES MHP LLC
Olgitally signed by Chad Aieren
DN C=US. E=cbieren@ft enMa.Sov,
G had ts lefen o=c,ty orienr ou=p;drcwdk;
Dat€: 2022.11.08 1 1 :16:13-08'00'W
By: Chad Bieren
Title: Public Works Director
Date:
By
Title: General Manager
Date: 11t8t2022
Approved as to form:
By
City Attorney's Office
Exhibit List
Exhibit A Map showing approximate location of Stormwater Infrastructure
City of Kent-Stormwater lnfrastructure Agreement - 2
11/8/2022
EXHIBIT A
Two catch basins
232204.N62
SHAFW TOBIG FTATES
SHAFMN ESTATES THP LLC
LNU AIKL DA$!D
LANE LINE I 1i
STA:3a+65.4s,0tr:6,8 1 i ,
23220+9mA
f*'tNc
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2322M.9083Pl& GREEN
CEMER
RUSSELL RD S
INSTALL RI-I7 EIKE UNE
AND RF17OP AHEAO SIdS
2320&62
SHFMil rcgILE ESIA?ES
SIAFMN ES'AES THP UC
&o R!$EU ROAO S
50 LF, 12"
Dia. Ductile
lron pipe
2t2M462
SffAFMI ffOBITE E$ATES
SUFN ESTAIES XHP LfC
420 RUS$[ ROM S
CdST Q36+@35+00
RUSSELL RD S
rNS
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I
232204S6
CENTER