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HomeMy WebLinkAbout96-106 - Sanft Louie - South 143rd Street Fence AgreementSOUTH 143RD STREET FENCE AGREEMENT THIS, AGREEMENT, by and between the City of Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as "CITY", and Louie Sanft, the legal owner of King County Tax Parcel No's. 336590-1785-0 & 336590-1790-0, hereinafter referred to as "OWNER" , for the purposes of establishing joint payment for fencing along the South 143rd Street right-of-way and providing for the use and limitations of access to said right-of-way, is as follows: Section 1 - Description of Work. The CITY hereby agrees to install a six-foot high chain link fence (WSDOT Standard Specifications Type 3) along the south side of the South 143rd Street right-of-way, from the point where the right-of-way line intersects with the Green River Trail fence and wall to a point 175 feet west along the South 143rd Street right-of-way. Such fence shall include a twenty -foot (20 ft.) swing type gate installed in the easternmost portion of the fence line along South 143rd Street, and a thirty-foot (30 ft.) slide type gate immediately to the west of the swing gate along the same fence line. CITY also agrees to install a six and one-half foot (6.5 ft.) fence section to tie into the existing fenced access to OWNER's property which shall extend approximately south from the South 143rd Street right-of- way at a point approximately 175 feet from the Green River Trail fence line and wall. Section 2 - Cost Sharing. The CITY agrees to bear the costs equivalent to the installation and materials to construct a 175 foot section of Type 3 fence without gates or the additional six and one-half feet of fence to tie to the existing access from OWNER's property to South 143rd Street. The OWNER hereby agrees to bear the costs equivalent to the difference between the CITY's costs as stated in this Section and that, of completing the entire fence and gate as specified in Section 1 above. The CITY shall obtain written contractor estimates to perform the work and shall execute the work in accordance with established CITY policies and local, state and federal regulations. Section 3 - Payment & License to Construct. OWNER's share of the costs as described in Section 2 shall be paid directly to the contractor performing the installation of the fence as described in Section 1 following completion and acceptance of said work by the CITY. By signing this Agreement, OWNER shall be executing a License to Construct which shall allow the CITY to enter upon the OWNER's property for the purposes of completing the work described in Section 1 and shall further agree to hold the CITY harmless for claims and damages arising from the completion of such work. Section 4 - Project Closure and Responsibility for Future Maintenance. The CITY shall inspect the work described in Section 1 and shall determine if it is suitable for acceptance in accordance with CITY policies and all applicable regulations and specifications. Upon completion and acceptance of the work, the OWNER shall be solely responsible for maintaining, repairing, or replacing the gate structures and appurtenances. The CITY shall be responsible for maintaining, repairing, or replacing all remaining fence sections except the six and one-half foot "tie -over" portion of the fence which shall be the sole ownership and responsibility of the OWNER. All repairs, maintenance, or replacement of fence and gate structures within the South 143rd Street right-of-way shall be subject to the approval of the CITY and the CITY shall be the sole owner of all such structures within the right-of-way. Section 5 - Gate Access and Use. OWNER hereby agrees to restrict use of the gate structures described in Section 1 to between the hours of 7:00 a.m. to 3:00 p.m. on weekdays. OWNER further agrees that such use shall be limited in frequency to those occasions where movement of excessively long loads of materials cannot be circulated around existing permanent structures on the OWNER's site. OWNER agrees that such use shall not unduly impact the CITY's use or the function of the South 143rd Street right-of-way as a trail access and parking area. OWNER agrees that any use of the gate access to South 143rd shall be secondary in SQS03311 Aiig903 9019 RECEIVED NOV 2 1-1996 TUKWILA PUBLIC WORKS 9612190349 M South 143rd Street Fence Agreement Page Two of Two Section 5 - Gate Access and Use (continued). importance to the safety and protection of pedestrians and cyclists using the trail access and OWNER shall be responsible for instructing all users of said access to yield to all pedestrians and cyclists. Section 6 - Agreement Personal - Termination. The rights and obligations set forth in this Agreement are personal to OWNER and may not be assigned or transferred to any other person, firm, or corporation, whether in connection with the transfer of OWNER's property or otherwise. This Agreement, and all rights of OWNER to use the gates referred to above, shall immediately terminate upon any change in the use of and/or any transfer of ownership of OWNER's property referred to above. CITY expressly reserves the right to re -construct or revise the fence to eliminate the access gates to OWNER's property in the event of any such change in use or transfer of ownership, or in the event that CITY determines that OWNER's continued access to the right-of-way through the gates is inconsistent with the terms and conditions specified in Section 5 above. No compensation or damages of any kind shall be due OWNER in the event of termination under this Section. This AGREEMENT is presented herein in itsTe tirety a d is entered into as the free and t voluntary act of the parties hereto this day of 7(e, , 1996 as evidenced by their signatures below: CITY OF TUKWILA: PROPERTY OWNER: W. Rants, Mayor Louie Sanft ATTEST: (J, ne E. Cantu, City Clerk Approved as to form: Office of the Cy Attorney STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Louie Sanft is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Dated: -t '-' 6 (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My commission expires: 6-ev-acrefo