HomeMy WebLinkAboutReg 2005-04-18 COMPLETE AGENDA PACKET J kq i, Tukwila City Council Agenda
��.1 i i t, REGULAR. MEETING
9„.
t��f Steven M. Mullet, Mayor Councilmembers: Joe Duffie Joan Hernandez
L
P_ Rhonda Berry, City Administrator Pam Carter Jim Haggerton
�9�8 Pamela Linder, Council President Dennis Robertson Dave Fenton
Monday, April 18, 2005; 7 PM Ord #2086 Res #1575
1. CALL TO ORDER/ PLEDGE OF ALLEGIANCE/ ROLL CALL
2. APPOINTMENTS Human Services Advisory Board Appointments:
Sharon Kidd, Pos. #5 (citizen representative);
new term expires 4/30/08 (reappointment)
Mona Sullivan, Pos. #6 (business representative);
new term expires 4/30/08 (reappointment)
3. CITIZEN At this time, you are invited to comment on items not included on
COMMENT this agenda. To comment on an item listed on this agenda, please
save your comments until the issue is presented for discussion.
4. CONSENT a. Approval of Minutes: 4 -4 -05 (Regular).
AGENDA b. Approval of Vouchers.
c. Accept as complete the Tukwila International Boulevard
Phase I Street Trees Project; authorize release of retainage,
subject to the standard claim and lien release procedures
(final cost of project, including retainage: $97,690.44).
5. UNFINISHED a. Resolution rejecting all bids submitted for the Allentown/Foster
BUSINESS Point Water and Sewer Improvements Project.
b. An ordinance vacating Maule Avenue South from the southerly
margin of South 143rd Place to the northerly margin of South
144th Street.
6. NEW BUSINESS
7. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
8. MISCELLANEOUS
9. EXECUTIVE SESSION
10. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office 206 433- 1800/TDD 206 -248 -2933. This notice is available at www.ci.tukwila.wa.us
and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
L= CO UNCIL AGENDA SYNOPSIS
t Initials ITEM No.
0 �1 y �j -t Meeting Date Prepared by 1 Mayor's rrtiezv 1 Council reziezv
f 04/18/05 1 so 1 %J-- 1 1- L-- 1
4i, 1 1
ITEM INFORMATION
CAS NUMBER 05-067 ORIGINAL AGENDA DATE: APRIL 18, 2005
AGENDA ITEM TITLE Reappointments to Human Services Advisory Board
CATEGORY El Discussion Motion Fesdution Ordinance Bid A wind Public Hearing (X] Other
MtgDate MtgDate MtgDate MtgDate MtgDate MtgDate MtgDate
SPONSOR Council Mayrrr AdmSza DCD Finance Fire Legal P& R Pcdice PW
SPONSOR'S Reappointment of Sharon Kidd to Position #5, term to expire 4/30/2008.
SUIN. MARY Reappointment of Mona Sullivan to Position #6, term to expire 4/30/2008.
REVIEWED BY COW Mtg. CA&P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm Planning Comm
DATE:
RE COMMENDATIONS:
SPONSOR/ADMIN. Confirm reappointments
COMMr1"1EE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT B UDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
4/18/05
MTG. DATE ATTACHMENTS
4/18/05 Memo from Mayor to Council dated 3/30/2005.
City ofTukwila
6200 Southcenter Boulevard · Tukwila, Washington 98188
Steven M. Mullet, Mayor
To:
From:
Re:
Date:
City Council
~W"\.t'-
Mayor Mullet
Reappointments to Human Services Advisory Board
March 30, 2005
There are two positions on the Human Services Advisory Board with terms expiring on April 30,
2005. They are positions #5 and #6. Sharon Kidd has notified us of her desire to continue to
serve in Position #5. She is a citizen representative and her new term will expire 4/30/2008.
Mona Sullivan has notified us of her desire to continue to serve in Position #6. She is a business
representative, and her new term will expire 4/30/2008.
Unless I hear otherwise from members of the Council, I will be inviting Ms. Kidd and Ms.
Sullivan to the Regular City Counc"il Meeting on Monday, April 18, 2005 to have these
reappointments confirmed.
Thank you.
Iso
encl.
cf: Jane Cantu
Evie Boykan
Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · Www.ci.tukwila.wa.us
COUNCIL AGENDA Siwosis
k sy Initialr ITEM No.
is Ot t 9 Meeting Date 1 Prepared by Mayor's review 1 Council review
I 4/18/05 BG 1
2/ 0
ITEM INFORMATION
CAS NUMBER: 05-068 ORIGINAL AGENDA DATE: APRIL 18, 2005
AGENDA ITEM TITLE Accept as complete Tukwila International Blvd Phase I Street Trees Project and
release retainage.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date:4/ 98/05
SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PTV
SPONSOR'S The contract with Buckley Nursery Company, Inc. is complete for the Tukwila
SUMMARY International Blvd Phase I Street Trees Project. Construction began February 7, 2005
and was substantially completed on March 15, 2005. Change orders and additions
amounted to $6,857.01. The total contract amounted to $97,690.44.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'Z'E: 4/11/05
RECOMMENDATIONS:
SPONSOR /ADMIN. Accept contract as complete and authorize release of retainage.
COMMrrl'EE Accept contract and forward to Consent agenda for approval.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$97,690.44 $150,000.00
Fund Source: 104.02 Commercial Streets (page 43, 2005 CIP)
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
4/18/05
MTG. DATE ATTACHMENTS
4/ 18/05 1 Information Memo dated April 6, 2005
Notice of Completion of Public Works Contract 05 -021
1 Transportation Committee Meeting Minutes from April 11, 2005
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public Works Directo~
April 6, 2005
Tukwila International Boulevard Phase 1 - Street Trees
Project Completion and Acceptance
ISSUE
Accept construction contract as complete and authorize release of retainage in the amount of
$4,489.45..
BACKGROUND
The Notice to Proceed for Contract No. 05-021 with Buckley Nursery Company, Inc., of
Sumner, Washington, was issued on February 7, 2005. The project included 96 Norwegian
Sunset Maples, 50 Parkway Maples, and 28 Incense Cedars, and completion of the previously
installed drip irrigation system.
This contract was substantially completed on March IS, 2005. There was one change order
for adding modular block surrounds for 12 Incense Cedar tree pits near the existing N orthfield
Car Wash and related watering tubes for several cedar trees. outside the current drip irrigation
system zone and irrigation system modification. Closeout paperwork has been completed and
verified, and the project is now ready for [mal acceptance.
The contract cost is summarized as follows:
Contract Award Amount
Additions
Sales Tax @ 8.8%
Total Amount Paid (inc!. retainage)
$ 82,932.00
6,857.01
7,901.43
$ 97,690.44
RECOMMENDATION
It is recommended that this contract be forwarded to the Tukwila City Council on the consent
agenda for formal acceptance and authorize release of the retainage, subject to the standard
claim and lien release procedures.
BG:ad
attachment: Notice of Completion of Public Works Contract
(p:ProjecLs\A. RW '" RS ProjeclS\91RW03 TIBIISueet Trees\Info Memo Closeout - BNC)
~ State of Washington
". / Department of Revenue
//...... PO Box 47474
REVENUE Olympia WA 98504-7474
Contractor's Registration No. (UBI No.) 271 000516
Date 3/18/05
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
From:
. ~:~1i1ll~~~fi~~QMi~~;ff
Assigned To
City ofTukwila
6200 Southcenter Blvd.
Tukwila,W A 98188
Date Assigned
Notice is hereby given relative to the completion of contract or project described below
Description of Contract Contract Number
~ukwila Int'l. Blvd. ,Phase I - Street Trees (No. 91-RW03) 05-021
Contractor's Name Telephone Number
Buckley Nursery Company, Inc. 253-863-9563
Contractor's Address
16819 92nd Street East, Sumner, WA 98390-1545
. Date Work Commenced Date Wark Completed Date Work Accepted
2/27/05 3/15/05
Surety or Bonding Company
The Ohio Casualty Insurance Company
Agent's Address
Potter, Leonard & Cahan, 4211 Alderwood Mall Blvd, Suite 210, Lynnwood, W A 98036
Contract Amount $ 82,932.00
Additions $+ 6,857.01
Reductions $- 0.00
Sub-Total $ 89,789.01
Amount of Sales Tax Paid at 8.8% $ 7,901.43
(If various rates apply, please send a breakdown.)
TOTAL $ 97,690.44
Liquidated Damages
$
0.00
Amount Disbursed $ 93,200.99
Amount Retained $ 4,489.45
TOTAL $ 97,690.44
Comments:
Finance Approval \:--, -A'
'J
Signature
Type or Print Name Diane Jaber
Phone Number (206) 433-1871
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in
accordance with said certificate.
To inquire about the availability of this document in an alternate fonnat for the visually impaired, please call (360) 753-3217. Teletype
(ITY) users please call (800) 451-7985. You may also access tax information on our Internet home page at http://dor.wa.gov.
REV 31 0020e (6~27-01)
Transportation Committee
April 11, 2005
Present:
Jim Haggerton, Chair; Joe Duffie, Pam Carter
Jim Morrow, Frank Iriarte, Gail Labanara, Bob Giberson, Cyndy Knighton, Derek
Speck, Lucy Lauterbach; Sue Carlson-La Pianta
. 1. Traffic Modelin{! Combinin{! TUC and TVS One difficulty in accommodating traffic
growth fifteen years from 2005 is knowing what the development of the area \vill be in 2020.
Marai Associates has modeled the impacts of the proposed TUC plans and has added the traffic
that will be generated by the 80% b~~ld out of TVS plans for retail, office, manufacturing, and
households. The cumulative impact of traffic in the TUC and TVS were presented in a memo for
the committee.
Jim M said one option for estimating developer mitigation fees would be for the city to calculate
costs for the traffic improvements needed citywide. That would allow one fee for each unit of
traffic generated, so th~t any time a developer came in, hislher contribution could be more easily
figured. The concurrency standard could be set citywide, by corridor, or on an intersection basis.
Jim H asked about the 2020 traffic Level of Service (LOS) F at Strander and whether the
Strander extension would improve that. Jim M responded the results did include the extension.
Southcenter Parkway/ S. 180th is also LOS F and that does not include ~he impact of S. 178th
changes. The map showed the possibility of twelve peak hour LOS F intersections in 2020 even
after the improvements currently planned.
Pam C asked for a map of current levels of traffic conditions. Jim H asked if the traffic
signalization project would improve traffic, and staff replied it would to some extent. Jim M said
the project \vould connect all the intersections, so one computer could be used to control traffic
city-wide at various times of the day. Information.
~ Tukwila International Boulevard Street Trees Phase I of Tukwila International Boulevard
~ (TIB) street trees was completed last month. One hundred seventy four trees were installed, as
well as drip irrigation to water the trees. The contract was with Buckley Nursery Company, Inc.
and included Norwegian Sunset Maples, Parkway Maples and Incense Cedars. The project is
ready for final acceptance. Recommend acceptance of contract as complete on consent
a2enda of a Re2ular Meetin2.
3. SCATBd Meetin1! Report Pam asked for the committee's input on four issues. The first was
a High Capacity Transit line to Burien, which the committee accepted after some questions about
the viability of such a line. They also supported strengthening the definition of Bus Rapid Transit
i\1 the Long Range Plan. A third option, to allow payment outside of subarea equity boundaries if
bbth cities on each side of a boundary agree, was also approved. The final policy changed the
time a newly annexed area could credit their tax revenues to themselves from five years currently
to a proposed two-year period. Recommendations to Pam for SCA TBd.
COUNCIL AGENDA SY2voPsIs
As
o Initialc ITEM No.
-1 I Pj G Meeting Date 1 Prepared by 1 Mayor;t review Council review z 04/18/05 BG
6; a.
ITEM INFORMATION
CAS NUMBER: REF 05-061 I ORIGINAL AGENDA DATE: 04 -11 -05
AGENDA ITEM TrrLE Resolution rejecting bids for Allentown /Foster Point Water Sewer Improvement
Project
CATEGORY Discussion Motion ►l Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date 04 -18 -05 Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD n Finance Fire Legal P &R Police PW
SPONSOR'S Each of 3 bids submitted was over the amount budgeted for this project. The proposed
Su \4MARY resolution rejects all three bids. Public Works staff intends to apply for additional Public
Works Trust Fund monies in May, with results in October. The project will be delayed until
2006.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte 111 Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: Utilities Committee 04 -05 -05 COW Meeting 04 -11 -05
RECOMMENDATIONS:
SPONSOR /ADMIN. Accept resolution rejecting all bids submitted.
COMMITTEE Same as sponsor.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$6,401,536.00 $6,000,000.00
Fund Source: 403.01 WATER; 403.02 SEWER; 412 SURFACE WATER
Comments: Expenditure required is only the lowest bid amount and does not include contingency or
t-nncfri,, -tinn rnartarraormonf nncfc
MTG. DATE RECORD OF COUNCIL ACTION
04 -11 -05 COW discussion item resolution forwarded to 04 -18 -05 for consideration /action.
MTG. DATE ATTACHMENTS
04 -18 -05 Resolution Final format.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA WASHINGTON REJECTING
ALL BIDS SUBMITTED FOR THE ALLENTOWN / FOSTER WATER AND SEWER IMPROVEMENTS
PROJECT.
March 17, 2005
C3UNCIL AGENDLA SYNOPSIS
•sy Initials ITEM ND.
O
_di NI 0 Aleeting Date 1 Prepared by Iti ayor's review Council review 1 <1
4/11/05 MC 1��—
4/1R/t15 1 6. b.
1 1
ITEM INFORMATION
CAS NUMBER: REF 04-161 05-062 ORIGINAL AGENDA DALE: APRIL 11, 2005
AGENDA ITEM TITLE Approve Ordinance allowing the Street Vacation of a portion of Maule Ave,
From South 143 Place to South 144 Street.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date 10/4/04 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PT
SPONSOR'S The public hearing for this street vacation was held on December 6, 2004 (Resolution
SUMMARY 1564) and Council approved the motion. All provisions, easements and the quick claim
deed have been received and the final ordinance can now be approved.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. 111 Parks Comm. Planning Comm.
DA'Z'E:
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve Ordinance and authorize the Mayor to sign deed and easement
COMMru EE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
11/15/04 1 Resolution 1564, setting public hearing date
12/6/04 I Passed motion approving vacation of Maule Ave.
4/11/05 1Reviewed at COW; 3rd "whereas" clause amended; forwarded to 4/18 Rea. Mta.
for final action.
MTG. DATE ATTACHMENTS
4/11/65 1 Information Memo dated March 28, 2005
Ordinance (w/ exhibits)
Map of Maule Avenue Street Vacations
Minutes from 12/6/04 public hearing
4/18/05 Ordinance in final form with exhibits
o1
1908
City y 1
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING MAULE AVENUE SOUTH FROM THE
SOUTHERLY MARGIN OF SOUTH 143RD PLACE TO THE NORTHERLY
MARGIN OF SOUTH 144Th STREET, LOCATED IN THE CITY OF
TUKWILA; AMENDING THE OFFICIAL STREET MAP OF THE CITY;
PROVIDING FOR SEVERABILITY; AN D ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Tukwila conducted a public hearing on
December 6, 2004, for the purpose of considering the vacation of certain property
located in the City of Tukwila; and
WHEREAS, TMC Chapter 11.60 identifies street vacation procedures including a
public hearing by resolution, Department of Community Development and Public
Works review and comment, and forwarding all relevant information to City Council,
all of which have been completed; and
WHEREAS, no verbal or written comments were received during the Public
Hearing, the City Council concluded the property should be vacated subject to certain
conditions; and
WHEREAS, the City of Tukwila would receive 20.00 feet of frontage adjacent to
Interurban Avenue South from South 143rd Place to South 144th Street by quit claim
deed from John C. Radovich, LLC in accordance with TMC Chapter 11.60;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Vacation. The following property located in the City of Tukwila is
hereby vacated:
All portions of the right-of-way for Maule Avenue South lying between the
south margin of South 143rd Place to the north margin of South 144th Street as
shown on Exhibit "C."
Section 2. Easements. The easements for sewer and water shall be as shown on
Exhibit "A" for easement to the City of Tukwila for existing sanitary sewer line in
Maule Avenue and Exhibit "B" for the water line in Maule Avenue.
Section 3. Duties of City Clerk. The City Clerk is hereby directed to record a
certified copy of this ordinance with King County, upon determination by the City
Public Works Director that the conditions referenced above have been satisfied.
Section 4. Amendment of Official Street Map. Upon the recording of a certified
copy of the ordinance, the City Public Works Director shall amend the City's official
street map to be consistent with this ordinance.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Maule Avenue Vacation GL/kn 4/14/05 Page 1 of 2
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SEWER EASElYIENT
GRANTOR, John Radovich, LLC for and in consideration of One Dollar ($1.00) and other
valuable considerations, the receipt of which is hereby acknowledged, grants and conveys to
GRANTEE, CITY OF TUKWILA, King County, Washington, a municipal corporation, an
easement and right-of-way, over, across, along, through, and under the real property situated
in King County, Washington as described on Exhibit A, attached hereto.
For the purposes of constructing, installing, reconstructing, replacing, repairing, maintaining
and operating a sewer pipeline and lines and all necessary connections and appurtenances
thereto, together with the right of ingress and egress therefrom for the purpose of enjoying the
easement, and also granting to Grantees and to those acting under or for Grantees the use of
such additional area immediately adjacent to the above easement as shall be required for the
construction of the sewer pipeline or lines in the easement, such additional area to be held to a
minimum necessary for that purpose, and immediately after the completion of the construction
and installation, or any subsequent entry upon the easement, Grantees shall restore the
premises as near as may be to its condition immediately before such construction or entry.
IN WITNESS WijEREOF, Grantor has hereunder set its hand this /871-/- day of
Nqr<!.-V; ,2005. ~~d
~c
STATE OF WASHINGTON )
: S8.
County of
)
2005, before me personally
and
, to ~e known to be the individuals
described in and who executed the foregoing instrument, and" acknowledged that they signed
the same as their free and voluntary act and deed, for the uses and purposes therein mentioned.
GIV&Th<1HH~/m;z hand and official seal the day and year last above written.
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: -<0&- : == Not ,1 (print name) ,--)4<.) ilZ.E L ~tR {)J,.tr-?l&-'1
.. % ;'" Plll3\.\t /~ ] Notary Public in and for the State of Washihgton,
~ :";". .' ~ ~ l () 111
~ 'f'j~'(~~y 20, ~\)~~..,~", ~ residing at l7( (l(lLA t'U1L/(J.---t d If)rr
//;///; of'WA'S'(S~~~'\~ My Appointment expires 7--;}() --c&
II1I1I 11"{ iii It \ \\ \\\
(p:Laurie AdminfMike/Easement radovichsewer)
. .
Exhibit "A" (of EXHIBIT A)
Sanitary Sewer Easement
Legal Description
The 5 feet each side of the existing sanitary sewer located in Maule Avenue bounded on the
Northeast by South 143rd Place and Southwest by South 144th Street.
"
. .,
...
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B
AGREElYlliNT AJ'ID EASEI\rlE:N~ FOR
'tV A TER LINE
This agreement made this / 8 TH- day of /v1 ale..4 , 2005, between John C.
Radovich LLC, a Washington Limited Liability Company, ("Radovich" herein) and the City of
Tukwila, a Washington Municipality (" Grantee" herein);
WHEREAS, Radovich is the owner of:
1. Lots 38 and 39, Block 17, Hillman's Seattle Garden Tracts, according to the plat thereof
recorded in Volume 11 of Plats, page 24, in King County , Washington; .
EXCEPT the north 14 feet thereof, conveyed to the City of Tukwila, by deed recorded
under Recording Numbers 7708160920 and 7805051097.
2. The Va9ated Maule Avenue By ,Ordinance No.
WHEREAS, Grantee desires a water line and temporary construction easement on Radovich's
property at a location more specifically described as herein below;
An exclusive perpetual easement over, across, along, in, upon, and under that portion of
Radovich's property described in Exhibit" A" attached hereto and by this reference made a
part hereof for the purpose of installing, constructing, operating, maintaining, removing,
repairing, replac,ing, and using the water line and appurtenances thereto (herein the
"Improvements") .
The terms "easement" and "easement area" in this instrument refer to the easement he"rein
granted on Radovich's property and as described on the attached Exhibit "A" .
1. Cost of Construction and Maintenance. Grantee shall bear and promptly pay all costs and
expenses of construction and maintenance of the Improvements.
2. Compliance with Laws and Rules. The Grantee shall construct, maintain and use the
Improvements in accordance with the requirements any statute, order~ rule or regulation
of any public authority ht;ving jurisdiction. ..
3. Required Prior Notice and Approval of Plans and Specifications. Prior to any installation,
alteration, replace~ent or removal of the Improvements or any other major activity by
Grantee on Radovich's Property, Grantee shall give Radovich written notice thereof
together with preliminary plans and specifications for the same at least one (1) month
prior to the sched'.lled commencement of such activity.
.., Nothing herein shall be deemed to impose any duty or obligation on Radovich to
determine the adequacy or sufficiency of the Grantee's plans and specifications, or to
ascertain whether Grantee's construction is in confopnance with the plans and
specifications approved by Radovich.
4. .A.s-Built Survey. Upon Radovich's request, Grantee shall promptly provide Radovich
with as-built drawings and survey showing the location and elevations of the
Improvements on Radovich's property.
5. Access. The Grantee shall design, construct, maintain and use its'Improvements in such
fashion as to pennit reasonable access to Radovich's Property. Grantee shall at all times
keep Radovich's Property free and clear of all obstructions and equipment.
6. Termination for Cessation of Use. In the event Grantee ceases to use the Improvements
for the period of five (5) successive years, this Agreement and all Grantee's rights
hereunder shall tenninate and revert to Radovich,
7. Release and Indemnity. Grantee does hereby release, indemnify and promise to defend
and save harmless Radovich from and against any and all liability , loss, cost, damage,
expense, actions and claims, including costs and reasonable attorney's fees incurred by
Radovich in defense thereof, asserted or arising directly or indirectly on account of or out
of (1) acts or omissions of Grantee and Grantee's servants, agents, employees, and
contractors in the exercise of the rights granted herein, or (2) acts and omissions of
Radovich in its use of Radovich's Property which affect Grantee's employees, agents,
contractors, and other parties benefiting from said Improvements; provided, however, this
paragraph does not purport to indeninify Radovich against liability for damages arising out
of bodily injury to persons or damage to property caused by or resulting from the sole
negligence of Radovich or Radovich's agents or employees. .
8. Successors. The rights and obligations of the parties shall inure to the benefit Qf and be
binding upon their respective successors and assigns.
9. Liability. In the event of any assignment of the rights hereunder, the liability of Grantee
and its assignees shall be joint and several.
.
"'
EXECUTED as of the date hereinabove set forth.
ACCEPTED:
GRANTEE
By:
PROPERTY 0 ~E~ /J /J
@~
CITY OF TUKWILA
Its:
H~H~C r-
Title
By:
Its:
..,
AGREElVIENT AND EASEIVlENT
STATE OF WASHINGTON )
: 55.
County of
)
\ '
On ,th9a1fVL da}' of ~J1tM~
appeared 1L0 {]. HLf1-,MU.' i....-
J
_ , 2005, before me personally
and
, to me known to be the individuals
described in and who executed the foregoing instrument, and acknowledged that they signed
the same as their free and voluntary act and deed". for the uses and purposes therein mentioned.
GNEN under my hand and official seal the day and year last above written.
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Notary (print name) J IUJ(l~ L. <;::/R/:14~g,
Notary Public in and for the State of Washington,
residing at '-f1t1.ht2l1 C\fltI/--u~ fL}/I
My Appointment expires 7- ;YC)-?JC.
"
_ (J..ZLaurie AdminlMike/ Agreement & Easement for Water Line Radovich)
Exhibit HAil (of EXHIBIT B)
Legal Description
of Easement for the Water Line
The westerly 5.00 feet of Lots 38 and 39, Block 17, Hillman's Seattle Garden Tracts,
according to the plat thereof recorded in Volume 11 of Plats, page 24, in King County,
Washington;
EXCEPT the north 14 feet thereof, conveyed to the City of Tukwila, by deed recorded under
Recording Numbers 7708160920 an4,7805051097.
Along with easterly 10.00' of the Vacated 1'Iaule Avenue.
.
=
Street Vacationof Maule Avenue
Exhibit C
AFTER RECORDING, PLEASE RETURN" TO:
City of Tukwila
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
"
QUIT CL~M DEED
Grantor: City of Tukwila
Grantee: John C. Radovich, LLC
Short Legal Description: Maule Avenue South
Assessor's Property Tax N/A
Parcel/Account Number(s):
GRANTOR, City of Tukwila, hereby, conveys and quit claims to GRANTEE John C.
Radovich, LLC, the following-described real estate, situated in the County of King, State of
Washington, including any interest therein which the Grantor may hereafter acquire, legally
described as: '.
The right-of-way of Maule Avenue South bOlU1ded by the South margin of
South 143rd Place to North margin of South 144th Street.
..
Laurie Admin/Mike/Quit Claim Deed John Radovich 2
-1-
DATED:
, 2005.
Steven Mullet
Mayor of the City of Tukwila
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that they signed this
instrument, on oath stated, that -they were authorized to execute the instrument, and
acknowledged it to be their free and vohmtary act for the uses and purposes mentioned in the
instrument.
DATED:
NAME:
(print Name)
Not~y Public in and for the State of Washington,
residing at
My Commission Expires:
. .,
Laurie AdminlMike/Quit Claim Deed John Radovich 2
-2-