HomeMy WebLinkAboutCAG2022-435 - Original - Lee H Winifred LLC & Ven T Wen LLC - Russell Road Sidewalk Improvements - 11/14/2022Agreement Routing Form
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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
11/18/2022
11/21/2022
CAG2022-435
STORMWATER IN FRASTRUCTURE
INSTALLATIoNANDMAINTENANCEAGREEMENT.
This Stormwater Infrastructure Installation and Maintenance Agreement
(,.Agreement") iS u.t*..n the city of Kent, a washington municipal corporation
(..the City,,) and Legft. Winifred, L.L,C,, a Washington limited liability companV and
Ven T. Wen, L,L.C. a Washington iirnit.O liaOitity company dba Red Larpet
Apartments ("Owner").
RECITALS
The parties therefore agree as follows:
AGREEMENT
1. CltyResponslbllitles'
A. Owner owns real property locate d at 24440 Russell Rd' s., Kent wA 98032'
fiing cJrniv ri-'pii.ei Nr.ueri 2322a4-9063 (the "Propertv")
B. This Property is located at 2444A Russell Rd. s., along which the city is
constructing its nuirsett Roao sidewark and Driveway project (the "Project"). The
project will filt tne-eiisting drainai" Oii.n on the eroperty and replace it with a
newly constructed sidewalk.
C. In order to allow stormwater drainage on the Property after completion of the
project, a stormwltli pip* and three caich basins ("stormwatcr Infra';trrtil'r't"'
must be installed at the approximate locations identified in Exhibit A'
D.AftertheStormwaterlnfrastructureisinstalledontheProperty,theowner
will assume ,.rionririiritv roi .fi maintenance, operations' and repair of the
Stormwate r Infrastructu re'
The City will Purchase and
approximatelY the locations
install Stormwater Infrastructure on the 'Property
shown in Exhibit A.
in
2, Owner ResPonsibilities'
2,t 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 ro1 all operations, repairs' and marnterlan( e Ti't'
City will bear no resionsiUility for druinug" that occurs on the Property or tne
residences within the Property. fnis ngieement .shall not be construed as an
assumption by City of any urtnotitv,'"iffiniiuility' -or liability.regarding the
reconstruction, repair, maintenun."l'oi Itpliilion of the Stormwater Infrastructure'
City of Kent-Stormwater lnfrastructure Agreement - 1
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 WINIFRED H. LEE, L.L.C
NT E, L.L.C.
: Chad Bieren By
ItsIts: Pub
Date:I
Approved as to form:
By
City Attorney's Office
Exhibit List
Exhibit A Map showing approximate location of Stormwater lnfrastructure
lic,Works Director
t/t,4/ee Date
City of Kent-Stormwater lnfrastructure Agreement - 2
EXHIBIT A