HomeMy WebLinkAboutRight of Entry and Site Access Agreement with AUB-DEV Associates RIGHT OF ENTRY AND SITE ACCESS AGREEMENT
This right of entry and site access agreement is made and entered into on April 24, 2019
("Effective Date")between the City of Auburn, a Washington municipal corporation("City") and
Levan Auburn Development, a Washington limited liability company and IOUANNOU, LLC, a
Washington limited liability company as tenants in common d/b/a AUB-DEV ASSOCIATES
("Property Owner"). City and Property Owner are individually or collectively referred to herein as
the "Party"or the "Parties."
RECITALS:
1. The Property Owner owns property located between West A Street and Division Street
and between West Main Street and Pt Street SW, in Auburn, Washington ("Subject
Property").
2. The City and Property Owner have executed a lease agreement for April and May of
2019 to authorize the City's use of the premises, with compensation, for additional
public parking.
3. The Property Owner has requested the right to enter upon the Subject Property for the
purposes of performing a supplemental subsurface environmental assessment on April
24, 2019 and April 25, 2019.
4. The Property Owner agrees to grant the City access to the Subject Property for this
limited purpose.
5. The City and Property Owner agree upon access based on the certain terms and
conditions as described in this Agreement.
NOW, THEREFORE, in consideration of the mutual obligations, representations, and
promises contained in this Agreement, the City and Property Owner agree as follows:
1. Grant of Access. The City grants a temporary license to the Property Owner and its
agents for right of entry through the Subject Property, including the right of ingress and
egress, for the purpose of the Property Owner conducting a subsurface assessment on
the Subject Property.
2. Term. This Agreement permits access to the Subject Property on the following date(s):
April 24,2019 and April 25, 2019 between the hours of 7 a.m. and 7 p.m..
3. Compensation. The scope of work on the Subject Property will occupy approximately
twelve(12)parking spaces that the City has previously paid rent in consideration of the
use. Property Owner agrees to reimburse the City twenty-seven dollars($27.00)within
thirty(30)days of the Effective Date for the use of the Subject Property consistent with
this Agreement.
RIGHT OF ENTRY AND ACCESS AGREEMENT
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4. Retrieval and Disposal of Materials. The Property Owner will conduct all work in
accordance with all applicable laws,rules,and regulations.All materials removed from
the soil or the subsurface will be disposed of at the Property Owner's sole cost and
expense.
5. Indemnification. The Property Owner shall defend, indemnify and hold the City, its
officers,officials,employees and volunteers harmless from any and all claims,injuries,
damages, losses or suits including attorney fees, arising out of or in connection with
the performance of this Agreement and the performance of the subsurface assessment.
If a court of competent jurisdiction determines that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence
of the Property Owner and the City, its officers, officials, employees, and volunteers,
the Property Owner's liability will be only to the extent of the Property Owner's
negligence.
6. Entire Agreement.This Agreement constitutes the entire agreement and understanding
between the Parties pertaining to this subject matter and supersedes all prior or
contemporaneous agreements and understanding, both written and oral, pertaining to
the subject matter hereof.
7. Severability. If any provision of this Agreement is held to be invalid or unenforceable
for any reason,the remaining provisions shall continue in full force and effect without
being impaired or invalidated in any way.
The undersigned represents that he or she has the authority to execute this Agreement on
behalf of the party they represent.
CITY OF AUBURN Property Owner
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Date: 4- `2- ' Let Date: G— -ta f, 213 l
RIGHT OF ENTRY AND ACCESS AGREEMENT
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