The URL can be used to link to this page

Home My WebLink About13-103 - Schneider & Schneider LLC - License to Construct Interurban Avenue South (143rd Street to Fort Dent Way)13-103 Council Approval N/A LICENSE TO CONSTRUCT AND INDEMNITY THIS AGREEMENT made this 2,fid day of 20 l 3 between, SCHNEIDER & SCHNEIDER L.L.C., a Washington limited liabil company, who acquired title as SCHNEIDER & SCHNEIDER, LLC, a Washington limited liability company, hereinafter called the Grantor(s), and the CITY OF TUKWILA, a municipal corporation of the State of Washington, hereinafter called Grantee: WHEREAS, Grantor owns the real property defined below and the Building and improvements located thereon (the "Property "). Real property in the County of King, State of Washington, described as follows: THAT PORTION OF TRACT 1, INTERURBAN ADDITION TO SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, LYING SOUTHERLY OF A LINE WHICH EXTENDS NORTHEASTERLY PERPENDICULAR WITH THE WESTERLY LINE OF SAID TRACT, FROM A POINT ON SAID WESTERLY LINE WHICH IS 685 FEET SOUTHEASTERLY FROM THE NORTHWEST CORNER OF SAID TRACT, AND LYING NORTHERLY OF A LINE WHICH EXTENDS NORTHEASTERLY, PERPENDICULAR WITH THE WESTERLY LINE OF SAID TRACT, FROM A POINT ON SAID WESTERLY LINE WHICH IS 1,565 FEET SOUTHEASTERLY FROM THE NORTHWEST CORNER OF SAID TRACT; ALSO THAT PORTION OF THE VACATED PUGET SOUND ELECTRIC RAILWAY RIGHT OF WAY LYING SOUTHEASTERLY OF SOUTH 149TH STREET AS CONVEYED BY PUGET SOUND POWER & LIGHT COMPANY TO THE CITY OF TUKWILA BY DEED DATED OCTOBER 25, 1965 AND RECORDED UNDER RECORDING NUMBER 6557639, AND LYING NORTHWESTERLY OF A LOT WHICH EXTENDS SOUTHWESTERLY, PERPENDICULAR WITH THE EASTERLY LINE OF SAID PUGET SOUND ELECTRIC RIGHT OF WAY, WHICH IS ALSO THE WESTERLY LOT OF TRACT 1, INTERURBAN ADDITION, FROM A POINT ON SAID WESTERLY LINE WHICH IS 1,565 FEET SOUTHEASTERLY FROM THE NORTHWEST. CORNER OF SAID TRACT; EXCEPT ANY PORTION THEREOF LYING WITHIN SR 181. Tax Parcel Number: 359700- 0006 -07 Situs Address: 14900 Interurban Ave S, Tukwila, WA 98168 TOGETHER WITH real property in the County of King State of Washington, described as follows: Vested Grantor: SCHNEIDER & SCHNEIDER, LLC, A WASHINGTON LIMITED LIABILITY COMPANY GILLIAM W H - D C # 40 100 FT R/W OVER PORTION DC LY WITHIN NE 1/4 SEC 23 -23 -04 LESS PORTION LY NWLY OF LINE WHICH EXTENDS SWLY PERPENDICULAR WITH ELY LINE SAID PSE R/W WHICH IS ALSO WLY LINE OF TRACK 1 INTERURBAN ADD TO SEATTLE FROM PT ON SAID WLY LINE WHICH IS 1555 FT SELY FROM NW CORNER OF SAID TRACK LESS ANY PORTION THEREOF LY WITHIN SR 181. Tax Parcel Number: 0003200009 Situs Address: 14900 Interurban Ave S, Tukwila, WA 98168 WHEREAS, the Grantee is about to perform certain improvement work on the Property as shown on the right -of -way plans for the Interurban Avenue South Improvement project, which are attached hereto as Exhibit A ( "Improvements "). WHEREAS, Grantor desires to grant Grantee a temporary license to enter the Property to perform the Improvements. NOW, THEREFORE, in consideration of MUTUAL BENEFITS and covenants contained herein, Grantor and Grantee agree as follows: 1. Licensed Area. The term "Licensed Area" means the Property. 2. License. Grantor hereby grants to the Grantee, its successors and assigns, by this Agreement, the non- exclusive privilege and right to use Licensed Area for the sole purpose of carrying on construction activities necessary to complete the Improvements on the Property, and for no other use or purpose without the prior written consent of Grantor, which consent shall be withheld or conditioned within the exercise of Grantor's reasonable discretion (the "License "). 3. Access. Grantee and Grantee's agents, employees and contractors shall have full access to the Licensed Area to perform the Improvements. Grantee shall not block Grantors, its agents, employees, tenants or other occupant's access to the Property during its use of the Licensed Area and will take reasonable steps not to disturb occupants of the Building. 4. Scope of Work — Improvements. (a) Grantee shall perform the Improvements identified on Exhibit A. The parties may modify the scope of the Improvements by mutual agreement only. (b) Relocation of Signage. As part of the Improvements, Grantee shall remove and relocate three signs located within the Licensed Area. Grantee shall be responsible for repairing any damage to the signage incurred in connection with such relocation. 5. Compliance with Law. Grantee shall at all times comply fully with all statutes, ordinances, rules, regulations and other governmental requirements applicable to Grantee's activities on the Licensed Area. 6. Acceptance of Licensed Area. Grantee accepts the Licensed Area in its present condition. Grantor has made no representations concerning the suitability of the Licensed Area for Grantee's use. Grantee takes the Licensed Area and all Buildings on it AS IS WHERE IS, without representation or warranty. 7. Term. This Agreement shall remain in existence until December 31, 2014, or until such time as Grantee, its successors and assigns, have fully carried out the original construction necessary to complete any and all purposes incidental to the construction of the Interurban Avenue South Improvement project, whichever is later. 8. Surrender and Restoration of Licensed Area. Upon the expiration or termination of this Agreement, Grantee shall remove all of its personal property and equipment from the Property. In addition, Grantee shall restore the Property Area to the condition it was in prior to accessing the Licensed Area. 9. Indemnification. (a) Grantee shall indemnify, defend and hold harmless Grantor, its affiliates and their officers, directors, employees, contractors and agents from and against any and all claims, obligations, losses, damages, liabilities, liens, and /or expenses, including attorneys fees, resulting from any personal injury or property damage (including damage to the Property and the Building) arising from the use of the Licensed Area by Grantee, including without limitation: (1) Any act, neglect or omission of Grantee or any of its agents, contractors, employees, guests, invitees, Grantees or visitors; and (2) Any breach or default in the performance of any obligation of the Grantee to be performed under this Agreement. (b) Grantee's obligations under this Section arising by reason of any occurrence during the term of this Agreement shall survive the termination of this Agreement. (c) Notwithstanding anything to the contrary contained herein, Grantor does not waive any of its rights to make a claim for damages to the Property or the Building (including the riverbank) resulting from any work performed by Grantee its agents, contractors, employees, and /or licensees in connection with the Interurban Avenue South Project. 10. Insurance. Grantee shall cause its contractors to carry insurance and to name Grantor as an additional insured on such policies. Grantee shall provide Grantor certificates evidencing such insurance coverage as a condition to Grantee's rights to enter onto the Licensed Area. 11. Notices. All notices required or permitted to be given under this License Agreement shall be in writing and shall be deemed to have been given on the either (i) the date of actual receipt or (ii) the first day following due deposit in the United States mail, with certification and return receipt requested and postal charges prepaid, addressed to the parties at the following addresses, or at such other addresses as either party may give to the other by notice in writing pursuant to the terms of this paragraph: Grantee: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Grantor: Schneider & Schneider, LLC C/O JSH Properties, Inc. 14900 Interurban Ave. S. Suite 210 Seattle, WA 98168 12. Attorneys' Fees. In the event that any suit or other proceeding is instituted by either party to this instrument arising out of or pertaining to this instrument or the relationship of the parties, including but not limited to the filing of a lawsuit, a request for an arbitration, mediation, or other alternative dispute resolution process (collectively, "Proceeding "), and any appeals and collateral actions relative to such a Proceeding, the substantially prevailing party as determined by the court or as determined in the Proceeding shall be entitled to recover its reasonable attorneys' fees and all costs and expenses incurred relative to such Proceeding from the non - prevailing party, in addition to such other relief as may be awarded. 13. Binding Effect. This instrument shall be binding upon and inure to the benefit of the parties and their successors, heirs, assigns, and personal representatives and all persons claiming by, through or under the parties hereto. 14. Applicable Law. This instrument 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 instrument shall be exclusively within the state or federal courts of King County, Washington. 15. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to this matter. It may not be modified except in a writing signed by both parties. 16. Waiver. Any waiver by a party of a breach of any provision of the agreement contained within this instrument by the other party shall not operate or be construed as a waiver of any subsequent breach by that party. No waiver shall be valid unless in writing and signed by the party against whom enforcement of the waiver is sought. 17. Severability. If for any reason any portion of this instrument or any agreement contained herein shall be held to be invalid or unenforceable, the holding of invalidity or unenforceability of that portion shall not affect any other portion of this instrument or agreement and the remaining portions of the instrument shall remain in full force and effect. [Signatures to appear on the following page] IN WITNESS WHEREOF, the Grantor(s) have hereunto signed the day and year first above written. GRANTOR: SCHNEIDER & SCHNEIDER, L.L.C. Kurt Schneider Its: �i?Z>' i -`f 1;Z'��!'!` -� GRANTEE: CITY OF TUKWILA Mayor: if aggerto / Attest /Authenticated by: Approved As To Form by City Attorney State of (a- r►�,nc:- ) : SS County of Mixrtec'pi- ) On this 2.- day of ML {vi , 20 , before me, the undersigned, a Notary Public in and for the State of Pty vz_o y, , duly commissioned and sworn, personally appeared to b _yehnevI e_K to me known to be the Mccx\Utier' /taernher , of Schneider & Schneider L.L.C., the limited liability company that executed the License to Construct and acknowledged the said instrument to be free and voluntary act and deed of said limited liability company, for the uses and purposes therein set forth, and on oath stated that he was authorized to sign said instrument on behalf of the limited liability company. WITNESS my hand and official seal hereto affixed the day and year first above written. a -- ° - - ° — °— 1 LEIGH ANN ROEPKE Notary Public - Arizona Maricopa County My Comm. Expires Oct 24, 2014 STATE OF WASHINGTON Signature ofNotary Public: C2 Q Q�Y' -F • Printed Name ofNotary Public: Leith Pair ?oep . . Residing At: ,52-DO E1 Cerrlral Ave .15k_ op Ph; fl•z . Appointment Expires: l o - 2i-1 -2U I`l : ss. County of King ) On this CI #)day of Milk) ilk) , 20 ! before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, known to me to be the Mayor of CITY OF TUKWILA, the municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. 14141/ "Sri 444.c Signature of Notary Public: r ri9 .0 Fes` `` . % Printed Name of Notary Public. s, s y (fl. o riot hQ1' 1 y Residing At: C g0 tTh � (,J3cJ • 0 Appointment Expires: Exhibit A Improvements PROPOSED CENTER MEDIAN EXIST CURB AND PLANTER • TO BE REMOVED 21 EXIST RIGHT-OF-WAY LINE PROPOSED EASEMENT LINE TREE AND TREE GRATE • . . NEW CATCH BASIN NEW PLANTER ° • JAW__ Apw,, 10100001,01110 - - " tl RECONSTRUCT CORNER OF PARKING AREA AC EXIST RIGHT-OF-WAY LINE . . PROPOSED GRADING LINE EXIST POWER VAULTS \NI \\ _ EXIST TREE TO BE REMOVED tl EXIST EXTRUDED CURB TO REMAIN AC PROPOSED BACK OF SIDEWALK AC RECONSTRUCT DRIVEWAY ASPHALT AND EXTRUDED CURB AC SLOPE AC EXIST CATCH BASIN SHT 1 OF 4 Parcel # 359700-0006 INTERURBAN AVENUE 0 5 10 20 30 SCALE l'=20' ICIPG A /01 10210mm AA SAtie.TA0IL0 inw.VAINC 12Y2;1E544,1 125116274721 Immr. PROPOSED CENTER MEDIAN • 23 I z EXIST TREE AND ]NIFC SHRUBS TO BE REMOVED • NEW POWER 24 .0. I 25 JUNCTION BOX I . NEW STREET LIGHT i PROPOSED EASEMENT LINE I PROPOSED PLLANTER 1 lOrm EXIST RIGHT -OF -WAY LINE ± F I NEW CATCH BASIN - RECONSTRUCT ASPHALT EXIST STORM % EXIST TREE TO BE REMOVED , ' EXIST TREE TO PROPOSED PLANTER BE REMOVED — PROPOSED BACK OF WALK EXIST EXTRUDED CURB TO REMAIN EXIST SEWER MANHOLE I. AC EXIST SIGN BE RELOCATED NEW CATCH BASIN AND STORM LINE DRIVEWAY AND EXTRUDED MANHOLE — -- 1 TO CURB - .-._._..__.. ' A': ", EXIST TREE TO BE REMOVED PROPOSED GRADING LIMITS EXISTING VEGETATION BEHIND GRADING LIMITS TO REMAIN SHT 2 OF 4 Parcel # 359700 -0006 INTERURBAN AVENUE 0 5 10 20 10 SrdI F. 1• -20 MPG S�,a,•.v 9S",7 -1 4 li�i it�15A 2H2 lemm. 123316174721 26 PROPOSED CENTER MEDIAN l \ [EXIST T RIGHT— OF—WAY T — 0E— FIRE HYDRANT T0 NEW CATCH PROPOSED PLANTER EXIST FACE OF BUILDING , \ PROPOSED WALL EXISTING SIGN TO BE RELOCATED ,;1.1 •Iir PROPOSED BACK OF WALK L-- PROPOSED GRADING LIMI TS EXIST VEGETATION WI THIN 3' OF SIDEWALK AND WALL TO BE REMOVED, TYPICAL � � sxT 3or* Parcel # 359700-000 INTERURBAN AVENUE 0 5 10 20 30 �� 1255)20.5041 251)0274721 rl ‘11PYr PROPOSED PLANTER 28 EXIST RIGHT—OF—WAY LINE ]NIF-IINI ■111 1 IINC A30 — PROPOSED EASEMENT LINE . . . . c 8 EXIST TREE TO BE REMOVED • .•.4111,. ,,,IITARK4111,4 7 I NEW STREET LIGHT row• ,N•Ar m,. luv• sr • •-•4• lia.•■••••••-•,•,,,e•ww SW! •'•,-4111,•••• • • • COMPACT COMPACT NEW POWER JUNCTION BOX I I I — RELOCATE EXTRUDED CURB EXIST PROPOSED CATCH BASIN WHEEL STOPS PROPOSED 18" — PROPOSED RESTRIPING — WIDE CURB ENTIRE WEST SIDE OF LOT TWO STALLS TO BE MARKED AS COMPACT - EXIST STORM MANHOLE 1 I I — 20' EXIST POWER VAULT PROPOSED GRADING LIMITS EX STING VEGETATION WITHIN 3' OF SIDEWALK AND WALL TO BE REMOVED Cr) NEW RIGHT OF WAY LINE AC EXIST RIGHT OF WAY LINE ; MIN 111111111111111 SHT 4 OF 4 Parcel # 359700-0006 INTERURBAN AVENUE 0 5 10 20 30 fl IF: +roe, le.rn Ar! 9M01 ,an,1 VA,Mei 12051M-., (25116274M