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HomeMy WebLinkAboutCAG2022-428 - Original - Shafran Estated MHP LLC - Russell Road Sidewalk Improvements - 11/08/2022Agreement Routing Form For Approvals, Signatures and Records Management Ap p r o v a l Originator: Department: Date Sent: Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Budget Account Number: Grant? Type: Yes No Ag r e e m e n t I n f o r m a t i o n Vendor Name: Category: Vendor Number: Sub-Category Project Name: Project Details: Agreement Amount: Basis for Selection of Contractor: Start Date:Termination Date: Notice required prior to disclosure? Yes No Re v i e w / S i g n a t u r e s / R o u t i n g Date Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office: Date Sent to Originator: 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$!D LANE LINE I 1i STA:3a+65.4s,0tr:6,8 1 i , 23220+9mA f*'tNc l 2322M.9083Pl& GREEN CEMER RUSSELL RD S INSTALL RI-I7 EIKE UNE AND RF17OP AHEAO SIdS 2320&62 SHFMil rcgILE ESIA?ES SIAFMN ES'AES THP UC &o R!$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 ii l I 232204S6 CENTER