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HomeMy WebLinkAboutCAG2022-435 - Original - Lee H Winifred LLC & Ven T Wen LLC - Russell Road Sidewalk Improvements - 11/14/2022Agreement 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 11/18/2022 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