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HomeMy WebLinkAboutCAG2023-297 - Original - Dillon & Darby Stearns - License Agreement for Frager Road Gate - 05/09/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Cheryl Rolcik-Wilcox Public Works Date Sent: Date Required: c 05/04/2023 5/11/23 QAuthorized to Sign: Date of Council Approval: Q �✓ Mayor or Designee N/A Budget Account Number: Grant? Yes No�✓ Budget? Yes Type: N/A Ad& Vendor Name: Category: Dillon and Darby Stearns License Vendor Number: — Sub-Category: Original 0 Project Name: License Agreement-Fraqer Road Gate OProject Details: The Stearns, in coordination with ECD, PW and Parks, obtained permits to install a gate C across Frager Road in order to prevent nefarious activity on the dead end road. This license will allow them to install the gate in the area described in the agreement. 40 C Agreement Amount: Q Basis for Selection of Contractor: E *Memo to Mayor must be attached i Start Date: Termination Date: a Local Business? Yes F—]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) FlAuthorized Signer Verified Notice required prior to disclosure? Contract Number: Yes ✓❑No CAG2023-297 Comments: Mayor Ralph - Please sign the attached license agreement on page 7 of this packet and have your signature notarized on page 8. Other property c owners and interested parties will have a code to access the road through IM the gate. Please call with any questions! Thx! Cheryl R-W 3 0 N a Date Received:City Attorney: 5/4/23 Date Routed:Mayor's Office 5/5/23 6ity Clerk's Office 5/9/23 adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 LIMITED LICENSE AGREEMENT BETWEEN THE CITY OF KENT AND DILLON S. AND DARBY S. STEARNS PARTIES THIS LIMITED LICENSE AGREEMENT ("License") is between the CITY OF KENT, a Washington Municipal Corporation ("City"), and DILLON S. and DARBY B. STEARNS, a married couple (collectively "Licensee" or "Licensees"). RECITALS 1. Licensee seeks to install a security gate within and upon the City's Right- of-Way on Frager Road S. to the north of West Meeker Street in the City of Kent ("Property"), and to maintain the same. 2. Licensee has requested that the City grant a license to install and maintain a security gate 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 gate, along with any necessary appurtenances, within and upon a portion of the City's Property, located on Frager Road S. to the north of West Meeker Street in the City of Kent. A general description of the plans and specifications for the security gate, along with any necessary appurtenances, and a graphical depiction of the general location of the gate and related improvements ("Gate") is attached hereto as Exhibit A ("Licensed Area"). The Gate is intended to prevent unauthorized vehicle traffic from entering the road beyond the gate but shall allow pedestrian and bicycle traffic to access the roadway beyond the Gate at all times. 2. Fee and Renewal. The City is waiving the License Fee under 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 shall automatically renew at the end of the Term and a new five- year Term shall commence under the same terms and conditions. 3. No Storage Permitted on City Property. Licensee shall not store, LIMITED LICENSE-Security Gate (between City of Kent and Dillon and Darby Stearns) park, or dump anything within the Licensed Area. The License is only intended to permit the Licensee to install, operate, and maintain the Gate. 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 Gate 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 Gate, 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. S. Revocation and Termination. The intent of this License is to authorize Licensee to install, operate, and maintain a security gate ("Gate"), 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 Gate and related appurtenances and restore the Licensed Area to its previous condition. If Licensee fails to remove the Gate within the allotted time, the City may remove all or part of the Gate, 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 Gate. 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 Gate. 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. 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 Gate. Licensee's failure to comply with this Section 6 shall constitute grounds for immediate revocation by the City. LIMITED LICENSE-Security Gate (between City of Kent and Dillon and Darby Stearns) 7. Maintenance. Licensee shall maintain the Gate and any necessary appurtenances, along with the rest of the Licensed Area, in a clean, well-kept, orderly and safe condition to the satisfaction of the City. Licensee shall be responsible for maintaining, at its sole expense, all improvements related to the Gate, and shall keep the same in good and safe repair, order, and condition. Such duties shall include, but not be limited to: Maintenance of the Gate on the City's Property, prompt pa ir of any damages or defects along or immediately adjacent to the Gate, and removal or repair of obstacles within the Licensed Area or any immediately adjacent portions of the City's Property. S. 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 enforcement 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 Gate 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 Gate as a Hazard. In the event of any emergency in which any portion of the Gate 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 those permits within the next two (2) succeeding business days. 8.2 Trespass by Licensee. The City makes absolutely no representation as to the legality of Licensee's physical presence on or any erection of the gate 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 Gate. 9. Indemnification. Licensee shall comply with the following indemnification requirements: 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. LIMITED LICENSE-Security Gate (between City of Kent and Dillon and Darby Stearns) 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 indemnification. 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 for the 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 ensure that such coverage is maintained for the duration of this License. 10.1 Before beginning work on the project described in this License, Licensee shall provide a Certificate of Insurance evidencing: 10.1.1 Automobile Liability insurance with limits no less than $1,000,000 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; LIMITED LICENSE-Security Gate (between City of Kent and Dillon and Darby Stearns) products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 10.2 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. 10.4 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. 10.5 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. 12. 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 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. 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 claim 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 LIMITED LICENSE-Security Gate (between City of Kent and Dillon and Darby Stearns) 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: LICENSEES: City of Kent Dillon and Darby Stearns Attn: City Clerk 24519 Frager Rd. S. 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 Email: dstearns87@gmail.com Email:cityclerk@kentwa.gov 16. No Waiver of Rights. Nothing in this License shall constitute a waiver of either party's right to challenge any portion 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 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 Rath Title: Mayor Date: 05/09/20 1 LICENSEES: y: DillonS. Stearns By: rb Stearns B o Date: Date: (Notary acknowledgments on the following pages) LIMITED LICENSE-Security Gate (between City of Kent and Dillon and Darby Stearns) STATE OF WASHINGTON ) ss. COUNTY OF 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 the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN W'kT�j &jV,.,HEREOF, I have hereunto set my hand and official seal y �aA [( �, ,ove written. the day INN.\1111111 0�// �17,u 41 .�. Z.Aro v 0007 s �� s z NOTARY PUBLIC, in and for the Stte i c�► �'/i, �o�' ��0-f Washington, residing i 1'Ner06� �o.: My appointment expires — oil l OF W O�'����+ STATE OF WASHINGTON ) : ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that illon S.thatSeearns is the this person who appeared before me, and said personacknowledged instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. -Notary Seal Must Appear Within This Box- IN WIT,�l��SS WHEREOF, I have hereunto set my hand and official seal the days �@ (.4%,above written. otAIty �v,�i cyx�w U {� Iu 55 10 1s597b Z NOTARY PUBLIC, in and for the State /, �0; of Washington, residing at W PAIL b Z — Z ��/i q�l''I�t � 0- My appointment expires i ~`I III TF OF`wNg��?`~ LIMITED LICENSE-Security Gate (between City of Kent and Dillon and Darby Stearns i i STATE OF WASHINGTON ) : ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Darby B. Stearns is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be 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 hereunto set my hand and official seal the day a���(�� first above written. 4 NOTAR PUBLIC, in and for the State y" �Qs9�s M of Washington, residing at yN 'yrr �b �02.: My appointment expires i i'q -2 tS w� III�N11tN«�� LIMITED LICENSE-Security Gate (between City of Kent and Dillon and Darby Stearns) EXHIBIT A LICENSED AREA IOU �r y Qg� f100`�%'%t�r 00"-�1 200---.- W Meeker St MOTE-rMERE VIALL 9E A LOOPY WAND V INSTALLE13 FOR rw�deMcssan +Hi•••TRLCTn]N FREE Elt[P(T6 BE M ltat RW:¢•l4r DETERMNMED] [LACK ifP MD®w6)D _ i pT�[CR.4x6tM NFetQ wKiQ'I+TL'rG tAt/i Y8�0.E �r�� UFX f410R66A [NCR Ia�rt T9E P-D¢! KCE¢¢G]ML nrwl C.IMtOl ml lYlC x[6f+YLL¢6 uMaze-]uM�rxens ce]eluxRot rc¢wren ar cAen n.w amT rxre�ae�¢w soNrn[cnaanu �]nsq srwm // �t .W¢14"x 16�Vnt ntRRTnw� �.ns.Y l f�F i i PI I Rfr.vt L+¢c aswc 1 +6J1]¢!Rpm1A:all tr lLL. wli•x Ytt f�]E-rnE Rtp - 1 A'V ]11GaIDC16 MSI�UMLS -I nennex rme 1 oY,ArnMp rt�._ I BI1RNErt YMx6 calf. t n1TK W+EMRO¢rt:C+A Mgtt Tlt xCi ara- 1 NN1[M'1]LWFM AtKA2 ar g7 1 RnrttS¢M!S i41 i TIl1l'�iI.MTN 1 I i I catt 7 sran LM[ YMxroLoIN LYiI% mn•�cwi 1 1 G.s E GRASS 9PKR�S!&x I Oh]CC wpST•¢Tn � iSM]K WR 1 xlYnMA1N][J4RG RCM]¢R F, ra-ennn oorsr Aso•e ccrewxuxml � 47 EXHIBIT B PERMIT CNST-2222920 CNST-2222921STU Check permit status "online" at PERMIT www.ci.kent.wa.us/permitcenter KENT Permit #: CNST-2222920 IVR #: 241790 Project: Permit Name: FRAGER ROAD- GATE APN: RIGHTOFWAY Site Address: RIGHT OF WAY KENT, WA Location: FRAGER RD S, JUST NORTH OF MEEKER ST OWNER ON APPLICATION Name: CITY OF KENT Phone: Address: 400 W GOWE ST E-mail: KENT, WA TYPE OF CONSTRUCTION Stories Bedrooms Units Square Feet 1 Valuation 25000 Zone District Code Edition 1997 Scope of Work FENCE / GATE INSTALL AN AUTOMATED VEHICLE GATE JUST BEFORE THE GOLF CART CROSSING ON FRAGER RD S, JUST NORTH OF MEEKER ST. INSTALLATION OF A 12' POST WITH A SOLAR PANEL. INSTALLATION OF A SMALL ELECTRICAL ENCLOSURE FOR THE CONTROLS RELATED STREET USE/CUT PERMIT: 2222921 CONSTRUCTION CONTRACTOR Name: DAVIS DOOR SERVICE INC License: DAVISDS181C8 Address: 2021 S GRAND ST Phone: 253-872-5305 SEATTLE, WA 981444526 Issued By: Building Services Mgr Date: 25-APR-23 Expiration Date: 22-OCT-23 Page 1 of 1 Check permit status "online" at PERMIT www.ci.kent.wa.us/permitcenter `� KENT Permit #: CNST-2222921STU IVR #: 241793 Project: Permit Name: FRAGER ROAD- STREET USE APN: Site Address: Location: FRAGER RD S, JUST NORTH OF MEEKER ST OWNER ON APPLICATION Name:CITY OF KENT Phone: Address: 400 W GOWE ST E-mail: KENT, WA TYPE OF CONSTRUCTION Stories Bedrooms Units Square Feet Valuation Zone District Code Edition 1997 Scope of Work STREET USE SCOPE OF WORK: INSTALL AN AUTOMATED VEHICLE GATE JUST BEFORE THE GOLF CART CROSSING ON FRAGER RD S, JUST NORTH OF MEEKER ST. INSTALLATION OF A 12' POST WITH A SOLAR PANEL. INSTALLATION OF A SMALL ELECTRICAL ENCLOSURE FOR THE CONTROLS STREET CUT REQUIRED: YES; 181, X 18" CUT TRAFFIC IMPACT: TEMPORARY TRAFFIC CONTROL (FLAGGER CONTROL) WORK ZONE HOURS APPROVED BETWEEN 8AM AND 4PM CIYT BUSINESS DAYS ONLY. CONSTRUCTION OF GATE SHALL BE COORDINATED WITH KENT PARKS SOCPE OF WORK (BALLARD PLACEMENT AND ECOLOGY BLOCKS. APPLICANT SHALL PROVIDE GATE ACCESS WITH KEYS AND OR CODES ETC. TO THE FOLLOWING: FIRE POLICE PUBLIC WORKS OPERATIONS KENT PARKS/KENT GOLF KING CO. LOCAL BUSINESSES AND LOCAL RESIDENTS APPLICANT AND OR CONTACTOR SHALL CONTACT CIITY OF KENT CONSTUCTION INSPECTOR SUPERVISOR (DAVE DEVINE) TO DISCUSS THE SOCPE OF WORK, COORDINATE A PRE-CONSTRUCTION MEETING TO INCLUDE KENT PARKS AND DEVELOPMENT ENGINEEIRNG AND PUBLIC WORKS OPERATIONS. A JOB START IS NOT AGREED WITH CONSTRUCTION MANAGMENET UNTIL A FULL EXECUTED LIMITED LICENSE AGREEMENT IS CONFIRMED BETWEEN THE RESIENTS AND BUSINESSES AND THE CITY OF KENT. Conditions STREET CLEANING REQUIREMENT (E001) Applicant shall continuously keep the streets and storm drain system free from all debris attributed to the work performed under the respective building, civil construction, street Page 1 of 4 Check permit status "online" at PERMIT www.ci.kent.wa.us/permitcentoter `� KENT Permit #: CNST-2222921STU IVR #: 241793 Project: Permit Name: FRAGER ROAD- STREET USE APN: Site Address: Location: FRAGER RD S, JUST NORTH OF MEEKER ST Conditions (Continued) use, utility or grading and/or fill permit. Tracking mud, dirt or any other substance onto the streets is specifically prohibited. INDEMNIFICATION AND HOLD HARMLESS The Grantee, its successors and assigns, agrees to protect the City of Kent, its officers and employees and to save them harmless from all claims, actions or damages of every kind and description which may accrue to or be suffered by any person, persons, or property by reason of the acts or omissions of the Grantee, its assigns, agents, contractors, licensees, employees or any person whomsoever, in connection with Grantee's, its assigns' , agents' , contractors' , licensees' , or employees' construction, installation, maintenance, operation, use or occupancy of the right of way or in the exercise of this permit. In case any suit or action is brought against the City of Kent, its officers and employees, arising out of or by reason of any of the above causes, the Grantee, its successors or assigns will, upon notice of such action, defend the same at its sole cost and expense and satisfy any judgment against the City of Kent, 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 indemnity provision shall be valid and enforceable 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 assigns, agents, licensees, contractors and employees agrees to waive any claims for losses, expenses, damages or lost revenues incurred by it or its agents, contractors, licensees, employees or customers in connection with Grantee's, its assigns' , agents' , contractors' , licensees' , or employees' construction, installation, maintenance, operation, use of occupancy of the right of way or in the exercise of this permit against the City of Kent, its agents or employees except the reasonable costs of repair to property resulting from the negligent injury or damage to Grantee's property by the City of Kent, its agents, contractors or employees. TITLE 51 INDUSTRIAL INSURANCE ACT Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8, each party expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Section 8 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. PERMIT CANCELLATION OR REVOCATION This permit or privilege shall not be deemed or held to be an exclusive one and shall not prohibit the City from granting other permits or franchise rights of like or other nature to other public or private companies or individuals, nor shall it prevent the City from using any of its roads, streets, or public places, or affect its right to full supervision and control over all or any part of them, none of which is hereby surrendered. AND The City may revoke, amend, or cancel this permit or any of the provisions thereof at any time by giving written notice to the Grantee. The Grantee shall immediately remove all facilities from the right of way. Any facilities remaining upon the right of way 30 days after written notice of cancellation shall be removed by the City at the expense of the Grantee. TRAFFIC CONTROL Page 2 of 4 Check permit status "online" at PERMIT www.ci.kent.wa.us/permitcenter KENT Permit #: CNST-2222921STU IVR #: 241793 Project: — - Permit Name: FRAGER ROAD- STREET USE APN: Site Address: Location: FRAGER RD S, JUST NORTH OF MEEKER ST Conditions (Continued) During the progress of the work, such barriers shall be erected and maintained as may be necessary or as may be directed for the protection of the traveling public; the barriers shall be properly lighted at night. All traffic control plans and installations shall be per the MUTCD. All traffic control devices shall be clearly visible and maintained at all times. AND/OR Except as herein authorized, no excavation shall be made or obstacle placed within the limits of the City street in such a manner as to interfere with the travel over said road. WORK SUSPENSION The Engineer and/or his or her authorized representatives may without advance notice and by posting the work site suspend or revoke a permit issued hereunder. AND The Engineer and/or his or her authorized representatives may in writing suspend or revoke a permit issued hereunder whenever the permit was issued in error or on the basis of incorrect information supplied or in violation of any other ordinance or regulation of the City PERMIT ACKNOWLEDGEMENT I hereby acknowledge that I have read this permit and state that the above is correct and I agree to comply with all City ordinances, State laws and lawful orders of the inspector. I further agree to reimburse the City for any charges incurred from outside agencies (State, County, etc.) CITY CODES Applicant shall be required to comply with all City codes, ordinances and resolutions in effect as of the date of the issuance of this permit. ADJACENT PROPERTY ACCESS POINTS Applicant shall coordinate with adjacent property owners to ensure their access points are kept open and maintained at all times MONUMENT RESTORATION No survey monument shall be removed or destroyed before a permit is obtained as required y WAC 332-120 from the DNR (Department of Natural Resources) . A copy of the authorized DNR permit with permit number shall be submitted prior to the issuance GLOacornersCity fandnagencyit. A survey monument includes all street monuments, property corners, control disks, washers or tags as defined in WAC 332-120-020 inclusive of City of Kent, WSDOT, King County and NGS control disks, washers or tags PAVEMENT RESTORATION PAVEMENT RESTORATION SHALL CONFORM TO KENT DESIGN AND CONSTRUCTION STANDARDS SECTION 6.17.B(2 .D.2) AND STANDARD PLANS 6-64 THROUGH 6-69 FOR NON-ARTERIAL ROADS. A FULL WIDTH OVERLAY 2" HMA CLASS lW IS REQUIRED FOR A NON-ARTERIAL ROAD, 75 < OCI <= 55. A FULL WIDTH OVERLAY WITH 1" HMA CLASS 3/8" IS REQUIRED FOR A NON-ARTERIAL ROAD, OCI >= 75. AND 6A17MBI(2.DE1)OFORION SHALL AN ARTERIALLNFORM ROAD,TANDENT STANDARDNPLANSC6-64RUCTION THROUGHSTAN 6 69. SECTION STREET USE INSPECTION g y p y lease call 253-856- To schedule our inspection through the City of Kent ermit IVR s stem, p 5427 before 4:30 p.m. You will need your permit IVR number, an inspection code and your phone number. Please use the following inspection codes; - 2901-job start, - 2902-job final. If you have any questions or need to talk to your Public Works inspector, please call 253- 856-5545 between the hours of 7:00 a.m. - 8:00 a.m. or call 253-856-5500 after 8:00 a.m. Page 3 of 4 Check permit status "online" at PERMIT www.ci.kent.wa.us/permitcenter KENT Permit #: CNST-2222921STU IVR #: 241793 Project: APN: Permit Name: FRAGER ROAD- STREET USE Site Address: Location: FRAGER RD S, JUST NORTH OF MEEKER ST Conditions (Continued) TRAFFIC CONTROL AT SIGNALIZED INTX The City of Kent requires an off-duty uniformed Kent police officer with police vehicle to provide traffic control at all signalized intersections or when required by Public Works Inspector. It will be the responsibility of the contractor to coordinate scheduling 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 Contractor to install hot mix asphalt for temporary patches on projects that will be unworke for more than one day from November 1st to March 31st. CONSTRUCTION CONTRACTOR License: DAVISDS181C8 Name: DAVIS DOOR SERVICE INC 253-872-5305 Address: 2021 S GRAND ST Phone: SEATTLE, WA 981444526 Issued By: Building Services Mgr Date: 25-APR-23 Expiration Date: 22-OCT-23 Page 4 of 4 G _ / / & x / / j Ln $ / ( / u / r $ $ a CL a - _ QJ C o / $ Ln ) 7 k) ƒ / / ƒ k \ . 41 / CL \ _ \ cu« m ( a « e ƒ / ( J u / m 0 % / ' % 1 e 3 2 . 0 ƒ [ \ 0 .. \ \ n u ` . 3 he °R / § / � / Ln CL C � - / ® -Cu ° - 3 ci _ @ + 2 2 \ E < �\ / E ° .. ) \ / 3 E . . / 4 / / 0 .4 C: a) \u o \ E \ u / / ) \ Co \ k b > x R / \ / \ E b aj Ln / � �cu \ / / \ � / E x e % -a' R 2 e 2 m x \ / _% 2 E a \® R % CO n u c \ § ± \ j � \ \ e e R u = a m 4 � / e 0 ( / M k 2 o / $ / % 0 E $ k % $ � 3 k \ / m / / 2 t e f � M s� f+ F • lu Gi x •Mo a 1k t i7i 4- F + ' LLI • • ' . •, 0 fa 0- LLJ , • ,�