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Home My WebLink About19-202 - Segale Properties, LLC - Temporary Construction Access Agreement19-202 Council Approval N/A Return Address City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Attn: Brandon Miles Document Title(s) (or transactions contained therein): Temporary Construction Access Agreement Reference Number(s) of Related Documents: (on page of document) Grantor(s) (Last name first, then first name and initials): Segale Properties LLC Grantee(s) (Last name first, then first name and initials): City of Tukwila Legal description (abbreviated: i.e. lot, block, plat or section, township, range): See Exhibit "A" Assessor's Property Tax Parcel/Account Number: 8700400210 Page 1 of 6 24267-003 0/ 146382243.2 TEMPORARY CONSTRUCTION ACCESS AGREEMENT PARTIES 1.1 Grantor. Segale Properties LLC, a Washington limited liability company 1.2 Grantee City of Tukwila, a Washington municipal corporation AGREEMENT 2.1 Grant of Temporary Construction Access. For and in consideration of mutual benefits, the receipt of which are expressly acknowledged, Grantor hereby conveys to Grantee and to Grantee's officers, officials, employees, agents, and contractors, a limited and temporary construction access and right of ingress and egress over, across and through the Grantor's Property, King County Parcel #8700400210 ("Subject Property") for the purposes described herein as further described in Exhibit A. Grantee reserves the right to use the Subject Property and further grant easements, licenses, and/or use rights with respect to the Subject Property. 2.2 Purpose. The purpose of the access rights granted under this agreement is to allow Grantee to discharge construction stormwater into Grantor's stormwater pond on the Subject Property pursuant to the terms herein. Grantee agrees to only discharge water to the stormwater pond during times of major rainfall, where the Grantee's temporary construction stormwater infrastructure on King County Parcels 352304-9008 and 352304-9040 is unable to accommodate the increase water volume, as reasonably determined by Grantor. Grantee shall abide by all applicable laws, permits, ordinances, regulations, and recorded agreements. 2.3 Restoration. Grantee and its contractors will accomplish the activities permitted by this Agreement in a manner that will not disturb or destroy existing improvements on the Subject Property and shall promptly restore any damage to the Subject Property and any and all improvements thereon caused by Grantee's activities. This section shall survive the expiration or earlier termination of this Agreement. 2.4 Term. This Agreement shall be effective starting on November 15, 2019 and shall automatically terminate on September 30, 2020, unless either party terminates the agreement earlier as outlined in paragraph 2.6 of this Agreement. 2.5 Indemnification. To the fullest extent allowed by law, Grantee shall indemnify, release, defend, and hold Grantor, its employees, customers, tenants, invitees and agents harmless from and against any and all claims, demands, suits, damages, loss or Page 2 of 6 24267-0030/146382243.2 liability (including reasonable attorneys' fees) arising from or related to Grantee's exercise of the rights granted herein and any and all acts or omissions of Grantee, except to the extent caused by Grantor's sole negligence or willful misconduct. The foregoing indemnity shall specifically cover liability for actions brought by employees of Grantee and of its contractors and agents and, to the extent necessary to give effect to the foregoing indemnities only, Grantee hereby waives any immunity it might otherwise enjoy under industrial insurance Title 51 of the Revised Code of Washington and under any substitute or replacement statute. This waiver and agreement were specifically negotiated by Grantee and Grantor and is solely for the benefit of Grantor and its successors and assigns and is not intended as a waiver of Grantee's or its contractor's rights of immunity under said industrial insurance for any other purpose. This section shall survive the expiration or earlier termination of this Agreement. 2.6 Termination. Either party may terminate its obligations under this Agreement by providing 30-days written notice to the other party. The restoration obligations and indemnification obligations set forth herein shall survive termination of this Agreement. This Agreement shall be binding on the parties hereto and their respective successors and assigns. 2.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Jurisdiction over and venue of any suit arising out of or related to this Agreement shall be exclusively within the Superior Court of Washington for King County. 2.8 Entire Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the Grantor and Grantee and supersedes all prior negotiations, representations, or agreements written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both the Grantor and the Grantee. 2.9 Notice. Any required notice or demand will be made by hand delivery, certified mail, or national express delivery service (e.g. UPS, Federal Express) and will be deemed received on actual receipt, or 48 hours after being deposited in the U.S. mail or with a permitted national express delivery service, whichever first occurs. Notices to Grantee shall be sent to: Notices to Grantor shall be sent to: Tukwila City Hall ATTN: City Clerk 6200 Southcenter Blvd. 24267-0030/146382243.2 Segale Properties, LLC 5811 Segale Park Drive "C" Tukwila, WA 98188 Page 3 of 6 Tukwila, WA 98188 Attn: Mike Pruett Notice addresses may be updated time to time by each party, with each party providing written notice to the other party of the new notice address. 2.10 General Provisions. Any provision of this Agreement which is declared invalid or illegal shall in no way effect or invalidate any other provision. If any action at law or in equity or any arbitration proceeding is commenced to enforce or interpret this Agreement, or any fees are incurred in any appeal of an action or arbitration under this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which said party may be entitled. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. This Agreement may be executed in a number of identical counterparts with the same effect as if the signatures to each counterpart were upon a single instrument, and all such counterparts together will be deemed an original of this Agreement. [Signatures and acknowledgements are on the following pages. J Page 4 of 6 24267-0030/146382243.2 IN WITNESS WHEREOF, this Agreement has been duly executed by Grantor as of the date first set forth above. STATE OF WASHINGTON ) ss COUNTY OF KING SEGALE PROPERTIES LLC, a Washington limited liability company By: Metro Land Developpent, Inc., a Washington corporation, Its: Ma ger By: Mark A. Sega 're 'dent This record was acknowledged before me on !ko\i-tv-Abt../Y-21 , 2019, by Mark A. Segale as President of Metro Land Development, Inc., a Washington corporation, the Manager of SEGALE PROPERTIES LLC. • AIL Al Jr, .11111, AI All TYNAEA PHAM Notary Public State of Washington Commission # 202871 My Comm. Expires Oct 5, 2022 (Use this space for notarial stamp/seal) 24267-0030/146382243.2 (Signatu e of notary public) ( (Title of office My commission expires: 10 Page 5 of 6 IN WITNESS WHEREOF, this Agreement has been duly executed by Grantee as of the date first set forth above. STATE OF WASHINGTON ) ss. COUNTY OF This record was acknow erehe/ i%+44144 as (Use this space for notarial stamp/seal) 24267-0030/146382243.2 CITY OF TUKWILA, a Washington municipal corporation By: Name: Title: efore me on of t4.S' ciSignatur (T. tr-nbev 24., 2019, by 'Th-turibi • of notary public) s- /i1 -Pi civ-r 47.L__. My commission expires: /0 -26/ -Z/ Page 6 of 6 EXHIBIT A LEGAL DESCRIPTION A 15.00 FOOT WIDE STORM DRAINAGE EASEMENT, OVER, UNDER AND ACROSS A PORTION OF TRACT RD-1 AS PER THE PLAT OF TUKWILA SOUTH - PHASE 1 AS RECORDED UNDER KING COUNTY RECORDING NO. 20180823000390, THE CENTERLINE OF SAID 15.00 FOOT WIDE EASEMENT BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE AFOREMENTIONED TRACT RD-1; THENCE ALONG THE NORTHERLY LINE OF SAID TRACT, NORTH 83' 47'24-WEST 152.77 FEET; THENCE NORTH 78° 59'13"WEST 97.25 FEET; THENCE NORTH 59° 51'33"WEST 21.79 FEET TO THE POINT OF BEGINNING OF THIS CENTERLINE; THENCE LEAVING SAID NORTH LINE, SOUTH 64° 29'08-V. EST 63.75 FEET TO THE TERMINUS POINT OF THIS CENTERLINE. THE SIDELINES OF THIS 15.00 FOOT WIDE EASEMENT SHALL BE EXTENDED OR SHORTENED TO INTERSECT THE NORTH LINE OF SAID TRACT RD -1. ALL LYING WITHIN A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W.H.. CITY OF TUKWILA, KING COUNTY, WASHINGTON. ET EXHIBIT B DEPICTION OF TEMPORARY DRAINAGE AREA