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Home My WebLink About12-038 - Kim Jae / Jumbo Deli - Right of Entry (Interurban Gravity Sewer)12-038 Council Approval N/A RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AGREEMENT "Agreement is entered into this 0 day of 2012, by and between Jae U. Kim, hereinafter referred to as "Grantor," and City of Tukwila, a noncharter optional municipal code city hereinafter referred to as 'Grantee WHEREAS Grantor owns property located at 14805 Interurban Avenue South in Tukwila, Washington, which is also known as King County Parcel Number 359700- 0440 -01 (the "Property''); and WHEREAS the Property received a new connection to the public sewer system; and WHEREAS during the installation of the sanitary sewer pea gravel backfill around the South underground fuel tank shifted causing ground water to enter into a manhole located on top of the South underground fuel tank; and WHEREAS Grantee has agreed to pay for and facilitate installation of chemical grout seal around the manhole on top of the South underground fuel tank (the "Work in exchange for Grantor's execution of this Right of Entry Agreement and a Release of All Claims. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed as follows: 1. Grantor shall grant to Grantee and its officers, officials, employees, agents, and ontractors, a non exclusive license to enter the Property for the purpose of installing chemical rout seal around the manhole on top of the South underground fuel tank. 2. Grantor represents and warrants that he is the owner of the Property. 3. Grantee, and Grantee's officers, officials, employees, agents, and contractors shall nave the right of ingress and egress, in a reasonable manner, to and from the Property, to conduct .he Work (the "Entry 4. The Work may cause some disruption to the Property. The Grantee shall seek to minimize disruption to the Property. 5. Grantor and Grantee acknowledge that this Agreement is in no way intended to place future maintenance responsibilities on Grantee. Grantor shall be responsible for maintaining the ,hemical grout seal after it is installed. 6(kI61AIA'" 6. Grantor shall protect, defend, indemnify and hold harmless Grantee, its officers, officials, employees, agents, and contractors from any and all claims, demands, suits, penalties, losses, damages, judgments or costs of any kind whatsoever, (hereinafter "claims relating to the Work or to the Entry. Grantor agrees that his obligations under this paragraph extend to any claims brought by or on behalf of any employees or agents of Grantor. The foregoing duty is specifically and expressly intended to constitute a waiver of Grantor's immunity Colder Washington's Industrial Insurance act, RCW Title 51, to the extent necessary to provide Grantee with a full and complete indemnity and defense of claims made by Grantor's employees or agents. The parties acknowledge that these provisions were mutually negotiated and agreed upon by them. In the event Grantee incurs any judgment, award and /or costs arising therefrom including attorney's fees to enforce the provisions of this paragraph, all such fees, expenses and costs shall be recoverable from Grantor. 7. Grantee shall complete all Work at its sole cost and expense. 8. This Agreement shall terminate upon completion of the Work. Grantor's obligations to hold harmless and indemnify the City, detailed in Paragraph 6 above, shall survive the termination of this Agreement. 9. This Agreement is the entire agreement of the parties and supersedes any prior agreement with respect to the subject matter hereof. This Agreement may not be modified or assigned without the written consent of the parties. If a court of competent jurisdiction deems any provision of this Agreement invalid or unenforceable, the remaining provisions shall remain in full force and effect. 10. This Agreement may be executed in identical counterparts. IN WITNESS WHEREOF, the parties have set their hands the date and year first above written. GRANTOR GRANTEE —CITY OF TUKWILA By: Jae U. Kim r By: ggerton APPROVED AS TO FORM: By:q ao- t-4 City Attorney 2 RELEASE AGREEMENT THIS IS A COMPLETE RELEASE OF ALL CLAIMS, KNOWN OR UNKNOWN. READ IT BEFORE SIGNING. THIS RELEASE AGREEMENT "Agreement is made and entered into as of the date of the last party signing below, by and between the City of Tukwila (hereinafter "the City and Jae U. Kim (hereinafter "Kim The City and Kim are referred to collectively herein as "the Parties." I. RECITALS A. Kim owns certain real property located at 14805 Interurban Avenue South within the City of Tukwila, Washington "Property B. The Property received a new connection to the public sewer system in 2011. C. During the installation of the new public sewer line, pea gravel backfill around the South Fuel tank shifted, causing ground water to enter into a manhole located on the top South underground fuel tank. D. The City has agreed to pay for and facilitate the installation of chemical grout seal around the South manhole on the fuel tank on the Property in full satisfaction of any claim or potential claim made by Kim arising out of ground water leaking into the manhole. II. AGREEMENT In consideration of the mutual promises and agreements contained herein, the City and Kim agree as follows: 1. In exchange for this Release and other consideration described herein, the City agrees to pay for and facilitate the installation of a chemical grout seal around the manhole on the South underground fuel tank "Work 2. The Work shall be performed by R. L. Alia Construction Company. 3. Contemporaneous to the execution of this Agreement, the Parties will execute a Right of Entry Agreement in the form attached hereto as Exhibit A. 6 -I e 4. I, Jae U. Kim, do hereby, for myself and for my heirs, executors, administrators, successors and assigns, release, acquit and forever discharge and covenant not to sue with respect to any and all claims, rights, demands, and causes of action, whether known or unknown, liquidated or unliquidated (including attorney fees and costs), which I, Jae U. Kim, have, had, or could have asserted against the City, its agents, officers, representatives or employees, which relate to installation of the new public sewer line connection to the Property, the entrance of ground water into the manhole located on the top of the South underground fuel tank, or the Work to be performed in exchange for this Release. This Release includes but is not limited to, economic loss Df any kind including loss or diminution of fair market value of the Property, any claim arising out Df, or based on contract, statute, tort, regulatory taking, inverse condemnation, or any other theory of law or damages whatsoever. Jae U. Kim acknowledges that this Release is made without reliance upon any statement or representation of the party or parties hereby released or their representatives. 5. This Agreement is not an admission of liability or wrongdoing by any party. 6. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington. 7. This Agreement constitutes the final written expression of all the terms of this Agreement and is a complete and exclusive statement of the terms of the Agreement. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE OF ALL CLAIMS AND FULLY UNDERSTANDS IT. CAUTION: READ BEFORE SIGNING BELOW Jae U. Kim Date: 44t." CITY UKWIL�/ By: HaggertonMayor Date: 23, -2- WASHINGTON ss. County of On this day of AT I 2012, before me appeared Jae U. Kim to me known to be the individual herein, ana on oath stated that he signed this instrument and acknowledged it to be his free and voluntary act for the consideration, uses and purposes mentioned in the instrument. eGt/e�� Name: Notary Public in and for the S ate of Washington, residing in K01 j'-" My commission expires 0S V -3-