The URL can be used to link to this page

Home My WebLink About19-102 - Tukwila Village Development Associates - Temporary Use Agreement (Laydown Yard Parcel)19-102 Council Approval N/A Contract No. TEMPORARY USAGE AGREEMENT (Laydown Yard) This Temporary Usage Agreement (the "Agreement") is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as the "City," and Tukwila Village Development Associates, LLC, hereinafter referred to as the "Developer", whose principal office is located at 14400 Tukwila International Boulevard, Tukwila, Washington 98168. WHEREAS, on October 30, 2012, the City and Developer executed a Disposition and Development Agreement (the "DDA") which set forth the terms and conditions for the Developer to purchase approximately 5.76 acres of real property from the City for the purpose of developing a mixed -use project known as Tukwila Village (the "Project"); and WHEREAS, the DDA provides for the Developer to acquire and develop the Project in phases pursuant to a Phased Development Plan, which has been submitted to the City by the Developer and which has been approved by the City; WHEREAS, the Developer completed construction of Phase 1 and commenced work on Phase 2 in 2018; WHEREAS, the City and Developer have executed a Real Estate Purchase and Sale Agreement for the purchase and sale of the land for Phase 2 (as shown on Exhibit A, the "Phase 2 Property"); WHEREAS, in order to gain certain efficiencies and to expedite the development of the Project, the Developer desires to use a parcel of City -owned land that is adjacent to Tukwila Village as a temporary construction staging and equipment Laydown yard (as legally described and depicted on Exhibit B, the "Laydown Yard") during construction of Phase 2; WHEREAS, the City desires to have no liability or costs in connection with Developer's use of the Laydown Yard; NOW, THEREFORE, in consideration of the mutual promises, benefits, terms and conditions hereinafter contained, the parties hereto agree as follows: 1. Allowed Use of Laydown Yard. The Developer may use the Laydown Yard to store equipment and materials for the construction of the Project and as parking for construction employees working on the Project. In using the Laydown Yard, the Developer and any contractors, subcontractors or delegates shall at all times comply with all Federal, State, and local statutes, rules and ordinances. The Developer may not use the Laydown Yard for any other use or purpose without the prior written consent of the City, which may be granted or withheld in the City's sole discretion. 2. Property Representation. The City represents and warrants that it is the legal and beneficial owner of the Laydown Yard which consists of a parcel of real property as described in Exhibit B attached hereto. 3. Site Control. The Developer shall have the right to use and control the Laydown Yard during the term of this Agreement. The City shall have right to enter the Laydown Yard at any time for purposes of ensuring that the provisions of this Agreement are being met and for any other purposes that are not inconsistent with the rights granted to the Developer herein. 4. Debris and Environmental. While using the Laydown Yard, the Developer shall manage the site to maintain compliance with stormwater permit requirements from the Washington State Department of Ecology and the City of Tukwila. Upon termination of this Agreement or completion of the Project, the Developer must promptly remove all equipment and debris and restore the Laydown Yard to its condition as of the date of this Agreement. Page 1 of 5 5. No Compensation. Neither Developer nor the City shall be entitled to receive any compensation or reimbursement from the other party in connection with this Agreement. 6. Contractors. The Developer may hire other firms, contractors, subcontractors or delegates (each, a "Contractor" and collectively, the "Contractors") who may use the Laydown Yard in accordance with the terms and conditions of Agreement. 7. Indemnification. The Developer and each Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including reasonable attorneys fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Developer and/or Contractor, or their officers, agents and employees, arising out of this Agreement or the use of the Laydown Yard by Developer, Contractor, or their respective officers, agents or employees. With respect to the performance of this Agreement and as to claims against the City, its officers, agents or employees, the Developer and/or each Contractor expressly waives their immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to their employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Paragraph extends to any claim brought by or on behalf of any employee of the Developer and/or Contractor. This waiver is mutually negotiated by the parties. This Paragraph shall not apply to any injuries or damages resulting from the sole negligence of the City, its officers, employees or agents. To the extent any injuries or damages referenced in this Paragraph were caused by or resulted from the concurrent negligence of the City, its officers, employees or agents, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Developer and/or Contractor, or their officers, employees or agents. 8. Insurance. A. The Developer shall procure and maintain in full force throughout the duration of this Agreement comprehensive general liability insurance with a minimum coverage of a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and an aggregate limit of not less than Two Million Dollars ($2,000,000), for both personal injury and property damage. All Contractors shall procure and maintain in full force throughout the duration of their use of the Laydown Yard comprehensive general liability insurance with a minimum coverage of a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and an aggregate limit of not less than Two Million Dollars ($2,000,000), for both personal injury and property damage. Each policy of insurance shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Premature cancellation of the required insurance shall automatically result in termination of this Agreement unless such insurance is promptly re -instated. B. Certificates of insurance for the Developer as required by Subparagraph A above shall be delivered to the City within fifteen (15) days of execution of this Agreement. Certificates of insurance for the Contractors as required by Subparagraph A above shall be delivered to the City prior to use of the Laydown Yard by said Contractors. 9. Liens. The Developer shall indemnify, defend, and hold harmless the City for any liens placed by Contractors on the Property. 10. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing upon the date of execution by the parties and ending on the earlier of (a) January 31, 2021 or (b) the completion or discontinuance of construction on the Phase 2 Property, unless sooner terminated under the provisions hereinafter specified. 11. Termination. If the Developer or any Contractors violate the terms of this Agreement, the City may teiiiiinate this Agreement by giving thirty (30) days written notice of termination to Developer. The Developer may terminate this Agreement at any time by giving the City thirty (30) days written notice of termination. The City may terminate this Agreement for any reason by giving Developer ninety (90) days written notice of termination. Page 2 of 5 12. E greett, r rt, This Agreement contains the entire agreement between the parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party riay request and propose changes to this Agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 13, Ni,fiees. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila, 6200 Southcenter Blvd., Tukwila, Washington 98188. Developer shall send Certificates of Insurance as required by Paragraph 8 of this Agreement, and Indemnification Agreements, as required by Paragraph 7 of this Agreement, to the following address: Office of the Mayor, City of Tukwila, 6200 Southcenter Blvd, Tukwila, Washington 98188. Notices to the Developer shall be sent to the following address: Tukwila Village Development Associates, LLC, Attn: Bryan M. Park, 14400 Tukwila International Boulevard, Suite 100, Tukwila, WA 98168. 14. Applicable Law; Venue; 4, ttor ey's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action or proceeding shall be entitled to its reasonable attorney's fees and costs as determined by a court of competent jurisdiction. DATED this D.5-L'ay of June, 2019. CITY 11F T KWILA: By:( Name at Trt e: Allan Ekberg, yor ATTEST/AUT --IENTICATE Christy 0' 1aherty,iV1C, Civ Clerk APPROVE By: AS TO F 0 RJVI: Jeffre j M. F awkinson City Attorney Date approved by City Council: Not Applicable Bryan M. Park, Manager Page 3 of 5 EXHIBIT A Phase 2 Property The Phase 2 Property comprises Parcels A and B of City of Tukwila Lot Consolidation No. L13-021, recorded under King County Recording No. 20150428900001, and as shown below. Clly W Tukwila .10, 000.10.0r001 0001.1,T.. WA MN rwW$+f 7L11.Mi0 FAX (NM 4114441 C.m011.: vwwnlu+ti*1awa.ae. LOT CONSOLIDATION NO. L13-021 NEW LOT CONFIGURATION & EASEMENTS 1 PTN OF THE BE1/4, OF THE 8W1/4 OF 8EC. 15, TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M. CRY OF TUKWILA, KING COUNTY. WASFSNGTON SNFFT 3 Page 4 of 5 EXHIBIT B Laydown Yard The Laydown Yard is commonly known as King County Tax Parcel No. 0040000175, and is legally described as: THAT PORTION OF LOTS 12 AND 13, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON, LYING EAST OF STATE ROAD NO . 1, NORTH OF A LINE 25 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOTS AND SOUTH OF A LINE 125 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF LOT 13, AND THE SOUTH 125 FEET OF THE WEST 60 FEET OF LOT 14, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON. Page 5 of 5