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Home My WebLink AboutAuburn Sports & Marine parking lot agreement.......... FILED For ROCOrd At ROOM DAVIS WRIGHT TREMAINE LAW Opmas 2600 CENTURY SQUARE' 1501 VcvRTH &ENuE - SEAMEXASIAINGTON 9814vx688 (2o6) 622-3150 Mr. Andrew. G . Coad ey. ," Keating '94qklin"&,:Mo96 4141 Beaf irst:"fif ti� A.Ve 800 Fifth Avenue 4'•°4 Seattlet WA 98164., k 20, 1991 DEC Re: Auburn bDorvs---- m- r-Lnuz; v Dear Mr. Cooley: Auburh,.SPorts & Marine ace-Opt9--the City, Of Aubut-nis Ofter letter to ber of a, -'three ane; of Rovem. coMTftu1#`�ate&:,Xn your I I ; 1. .'. I .. 6 "" paW-ng lot year O.ktez)$jo4 of Auburn Sports & "Marl f e a' . n, next to t, '4, cd�netery in exchange for a elea - �Ie 4"' Under "h parking -.-ordbr of dismissal. ,the'' stipulat6d. ', ve use of 14arine's lot",-wil-I bO fq.'� the nonexclusive X custom4rs-iLnd:-.-'employees, and no overnight storage Will be All a Pr m Our undorstandihg is that the current agreQmeAt_between City of Auburn provid a that Aubiirn Spp�6s &.."Nalkirie and the C Aubui�fi-Sborts M*rine,,hi'ai`��the use of the parking lot for a Ye ' ' The three minimum of begin"hing in December 1990. thot-4 or. i�� w` tie Auburn Sports & Marine year extons f dul.,d,enti ':�at:`ldast until December 1996, after to use of th6-.,parkir�g lot which the use 4iil iot�" be te"`rhO'1ndted�:-.,unlesB the City of Auburn has a substantial use:* the lot' -,,for a public purpose or ss at its present Auburn Sports & Mari` CeA-gela dbil1w buss ,P:. location. . .............. if this reflects the pity of Aia`bU"rn.A.s-. und'ers.tanding of the agreement and the extens3.on'$-'%---,p,, ease haayO a, u'tho�ized ,at - d 17et�irn`t#it Je�,'�ter to UB. If representative of the City sigh.-p,, igh . - the cityts understanding please let me know so that we can resolve ':'1&4s�c4::'dj.,,kfeid�ceso Similarly, if simply signing this leiter cages.;'' �Yith any policies or requirements imposed on or by.,,.-`th:4 C#*y -Y KOPT13�00188,LTR Seattle FAx: (2o6) 628-7040 ANCHORAGE, ALASKA 'BELLIME, WAsHiN(,,,rON -'Boisr,, IDAHO Los AwELP.S, CALIFORNIA 4 ..... ...... . PORTLANP. OREGON ' RXCHLAND, "GASRTNOTON ' WASI"GTON) L7A 7`77 . .... . .... a. , pyINwaVqjI aAtfa peqvp . ........ .. am P�. IsanoA A -TvszTmsTP JO aOPaO pa4vind noA apTAoAd iTTm Oa '98211vuT; osquomeaTnbea ao SaTOTIod Ilems] u;rnqnv jo OTjqTQs U11,0910MIdox anqn-j aoj 72M 1 Xx .10U;En,L e0VITEIM •-TK a00 &vb .. ...... ueeq sp 65 '9X14:% C)UJO tA Aj[diup it zxa AOW ............ . .... . .... a. , pyINwaVqjI aAtfa peqvp . ........ .. am P�. IsanoA A -TvszTmsTP JO aOPaO pa4vind noA apTAoAd iTTm Oa '98211vuT; osquomeaTnbea ao SaTOTIod Ilems] u;rnqnv jo OTjqTQs U11,0910MIdox anqn-j aoj 72M 1 Xx .10U;En,L e0VITEIM •-TK a00 &vb .. ...... ueeq sp 65 '9X14:% C)UJO tA Aj[diup it zxa AOW EXHIBIT A Legal Description of Parking Lot 5111 ............ J, WARREN, KE1,LA3G-NC--,7', BARBER, DEAN & FONTESy P.S. KrrORNEYS AT LAW LAWRENC - I J. WARREN DANIEL KELLOGG MARK BAER DAVID M. )LAN ] - T7A L. I -(,) ZANN'T E S ROBERT L. SEWELL March 8, 1990 6 (.6 ICT Marguerite Schellentrager City Attorney City of Auburn 25 West Main Auburn, Washington 98001 fte: City of Auburn - Auburn Sports & Karin.:!� Dear Marguerite: Enclosed please find a copy of the Agreement Regarding Immediate Use and Possession which has been signed by Wallace Turner, d/b/a Auburn Sports & Marine. If you have any questions, please feel free to call me. LJW: bim Enc. cc: Marvin Sebrands William Baumgras B. Con. 2. 4 3 Veyy ptuly yours, Lawrence1J. Warren POST OFFICE BOX 626 - 100 SOUTH SECOND STREET RI -NT( -)N, WASHINGTON 98057 PHONE (206) 255-8678 - TELECOPIER (206) 255-5474 WARREN, KELLOGG, BARBER, ATTORNEYS AT LAW LAWRENCE J. WARREN DANIEL KELLOGG MARK BARBER DAVID M'DEAN ZANETTA L. FONTES ROBERT L. SEWELL March 7, 1990 John C. O'Rourke Attorney at Law 618 South 223rd, Suite 6 P.O. Box 98741 Des Moines, Washington 98198 Michael A. Goldfarb Rohan, Goldfarb, Breskin & Shapiro 212 Watermark Tower 1109 First Avenue Seattle, Washington 98101 Re. city of Auburn 'vs. Ribling/Reidy Gentlemen We have received notice from the Court advising that the trial date in the above matter has been changed from August 28 to August 30, 1990. The reason for the change is that the 28th is a judicial conference day. A copy of the notice is enclosed for your records. Very truly yours, Lawrence J. Warren LJWobjm Enc. cc: Marguerite Schellentrager Marvin Sebrands William Baumgras B.Con.2.42 POST OFFICE BOX 626 • 100 SOUTH SECOND STREET RENTON, WASHINGTON 98057 PHONE (206) 255.8678 • TELECOPIER (206) 255.5474 MAR o2 '`-- VVA16�uj� & KELLU,:�,a CIVIL Case Schedule )iscovery Cutoff (KCLR 37(g)) ............................... Thu 7/12/90 Nchange Witness/Exhibit lists (KCLR 16) .................... Thu 8/09/90 )ispositive PreTrial Motions (KCLR 56) ...................... Thu 8/16/90 roint Statement of Evidence (KCLR 16) ....................... Thu 8/23/90 'rial (KCLR 40) ............................................. Thutn8/30/901* � _y' L� - ~� ("*" Indicates change due to a Weekend, Holiday or Judicial Conf.) ' 0 �� L�/L��1�. (�� u�/c-'x&°��/L�°��c�- L_�~�' �f� r BUGOU�ri�FR��I�� 1��SHINGTON I 'SthjIt_ T%P1ntiff/Petitioner, VS. J Defendant/Respondent. No. F�1.__c0_ 1i OFc7— I ORDER SETTING TRIAL DATE aerk ,s vre THIS MATTER having come on regularly to be heard in open court this day upon the motion(s) of theI k- lq�noL I/ ((-'t j A1ALC't2a. for an order setting the date of trial in the above entitled cause, and it appearing to the court that said cause is at issue and ready to be tried; NOW THEREFORE IT IS HEREBY ORDERED that the date orial of the above -entitled cause is set for ' ca -� 19. 1? . at 08:45 a.m. DATE: � f I ,19LC-. Pres,nted By: i Attorney for. C 4tj C,71 E S I D I N G J E`--- Estimated length of trial: �Q � C Jury Non -jury _ ®. Nature of Case: ' Y�� VArIA4( v, - Approved as to Form: ttorney for, THIS ORDER MUST BE GIVEN T HE PRESIDING CLERK, ROOM E-942 Order Setting Trial Date (ORSTD SC Form JO -125 4/8 AGREEMENT REGARDING IMMEDIATE USE AND POSSESSION 1. Parties. The parties to this Agreement Regarding Immediate Use and Possession (hereafter "Agreement") are the City of Auburn ("City") and Mr. Wallace J. Turner ("Turner"). 2. Purpose. The City desires to obtain immediate use and possession for the purpose of road construction of property for which Turner holds a leasehold interest. Turner has agreed to allow the City immediate use and possession based upon the terms set forth in this Agreement. 3. Immediate Use and Possession. Concurrently with execution of this Agreement, Turner agrees to execute a Stipulation in the form attached hereto granting the City immediate use and possession, upon the terms in this Agreement, of the property described in the Stipulation. 4. Fence Relocation. The City agrees that it will remove the portion of the fence around Turner's boatyard which is included in the area being taken by the City through eminent domain, and relocate the fence inside the twelve foot right of way along the new road, as close to the road as possible. The City agrees it will reinstall the existing gate in the fence and install a second gate of similar size, both in locations Turner will select. If the City installs curbs or other structures along the new road, it will provide curb cuts for access from the road through the gates. The fence removal and relocation will be done at the City's expense. The City will provide Turner, without charge, with whatever permits or authorization is required to allow him to use the twelve foot right of way and to keep the fence there, until such time as the City installs structures such as curbs or sidewalks inside the right of way which necessitate moving the fence. The City agrees that Turner will have the use of the right of way for a minimum of three years. 5. Security System. The City agrees to remove the security system currently located within the area being taken by the City, and relocate the system inside the new fence in the same manner as it is presently arranged. Relocation of the security system will be done at the City's expense and will. be completed within a twenty-four hour period, or, if the relocation takes more than twenty-four hours, the City will provide Turner with alternative security for his boatyard until the system is operational. G. Eqftd__n q. The City agrees to provide Turner, without charge, with whatever permits or authorization are necessary for him to use the right of way across from his boatyard along the old road for parking. The City agrees Turner will have the use of the WISHL\00217.AGM/3.2.90 right of way for parking for a minimum of three years, and his use will not be terminated after the three year period unless the City has a substantial. need to use the right of way for a public purpose or Turner ceases doing business at his present location. The City also agrees to use its best efforts to arrange for Turner to use twenty parking spaces in the Fred Meyer parking lot on a temporary basis during the road construction, and to use ten or more spaces there until such time as Turner ceases doing business at his present location or obtains replacement parking. 7. Reader Sian. The City agrees to relocate Turner's reader sign inside of the right of way along the new road in a position where it is easily visible from Auburn Way North, and to provide Turner, without charge, with whatever permits or authorization is required to allow him to keep the sign inside the right of way as long as he is doing business at his present location. The relocation will be at the City's expense. 8. Movina Storage Trailers. The City agrees to promptly reimburse Turner for the actual costs of renting equipment necessary to move his storage trailers closer to his repair shop, an amount anticipated to be approximately $800 (eight hundred dollars). 9. Moving New Boats. The City agrees to promptly reimburse Turner for the actual costs of renting the equipment necessary to move his inventory of new boats to storage off the present site of his boatyard, an amount anticipated to be approximately $1,300. 10. Access_Durina Construction. The City will negotiate for the inclusion of language in whatever contract it enters into for the road construction, to protect access to Turner's business during construction of the new road, including specifications and provisions to protect his access. 11. Notice. The City will provide Turner a minimum of two weeks notice of the commencement of construction which necessitates the removal of boats from his boatyard. 12. CityIs Appraisal. The City will immediately make the report prepared by its appraiser regarding the property subject to this Agreement available to Turner and his counsel. Turner agrees he will not provide the report to the landowners, Mr. Morrison and Mr. Wadkins, nor their counsel, nor will he reveal the contents of the report to them, except in response to a court order. Turner agrees that if he hires an appraiser to prepare a report regarding the value of the subject property he will inform the City and provide the City with a copy of the report when it is finalized. WISHL\00219.AGM/3.2.90 13. Attorney Fees. The City agrees to give good faith consideration to reimbursing Turner for his attorney fees and expert fees regarding this matter in the event Turner settles with the City before trial regarding just compensation for the property being taken and his share of the just compensation. 14. Waiver of Relocation Assistance. In consideration of payment by the City to Turner of $10,000 (ten thousand dollars) within ten business days of the execution of this Agreement, Turner agrees to waive any claim he may have, now or in the future, for relocation assistance under state or federal law resulting from the taking that is the subject of this Agreement. 15. Other Claims Not Released. Turner does not waive or release any rights or claims except as specified in Paragraph 14. In particular, but without limitation, he does not waive any right to just compensation for the taking; to recover his attorney and expert fees as provided by state law; to assert entitlement to reimbursement for business losses or other damages caused by the road construction; or to assert claims for any other losses or damages that may have been suffered as a result of the taking. The City acknowledges that it has granted Turner an extension of time in which to stipulate to the City's use and possession of the property, and that Turner may still assert entitlement to attorney fees under RCW 8.25.070. This Agreement has no effect on any disputes or agreements between Turner and the landowners. 16. Successors and Assigns. This Agreement may be assigned by either party and is binding on the parties, successors, employees, heirs, and assigns. 17. Warrantv -of Authority. Each of the individuals signing this Agreement on behalf of a party warrants that the individual has the authority to sign the Agreement on behalf of that party and thereby to bind the party. 18. Disputes or Claims. Should any complaint be filed or claim be made or dispute arise regarding the performance or breach of this Agreement, the substantially prevailing party shall be entitled to an award of reasonable attorneys, fees and costs, both at trial and the appellate level, in an amount to be determined by the appropriate court. 19. Interation. This Agreement understanding between the parties herein. It supersedes any prior representations, whether oral or Wallace TurnerIts WISHL\00217.AGM/3.2.90 contains the entire relating to the subjects negotiations, agreements, or written. The Cil'7� of Auburn By / �' •►. co ✓✓✓ 1.20 AC 9M3 / E, qO Mar G� I r� 33541 SF .10 ' b J9`<� / �,\\ �� Sh'✓' N89 -24-56E jiL1240 SF / ✓ c, � 'l3 i ON (bra � 2 �•a�'\\� //I 14878 SF 01270 `N.t •so 33 r• v Ct e'rgeT O -\ Z# J5-131718 185 , ■ \\ 1 ;6� \�\ . A Q\ 3-92 cu � `ts, � • f \18 ; b 40 9020 99 0 m 4770/3139oZo�zo6 130 501290395\\ JULY 21n�/ 195 myjQ •ZI= 10> ° rn 6. � 2.0 J N;a 1151351