HomeMy WebLinkAboutRight of Entry and Site Access Agreement Lakeland HOA 9010
RIGHT OF ENTRY AND SITE ACCESS AGREEMENT
This right of entry and site access agreement is made and entered into as of the date of last
signature ("Effective Date") between the City of Auburn, a Washington municipal corporation
("City" or "Licensee") and The Lakeland Homeowner's Association ("Licensor"). City and
Licensor are referred to as the"Party"or the "Parties."
RECITALS:
1. The Licensor owns property located in Auburn, Washington. The corresponding tax
parcel number for the subject property is: Pierce County 0520063022 ("Subject
property").
2. The City wishes to enter on the Subject property to conduct survey work, and
inspection, maintenance, vegetation removal, and repair work necessary at the
Stormwater detention facility located along the east property line.
3. The Licensor is willing to allow access under the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual obligations, representations, and
promises contained in this Agreement, the City and Licensor agree as follows:
1. Grant of Access on the Subject Property. Licensor grants to the City, its contractors,
consultants and regulatory providers, a temporary license for right of entry to the
Subject Property, including the right of ingress and egress, to conduct survey work,
inspections, maintenance, vegetation removal, and required repair work to the
Stormwater detention facility located along the eastern property line.Not less than two
(2) business days before the City, its contractors, or its consultants enter the property,
the City will contact the Licensor's to inform when they will be on the Subject property
and what work they will be doing. The Parties will agree and coordinate where the
City, its contractors and consultants may enter the Subject property, set up equipment,
and conduct the work. Any changes to the scope of work requires advance written
consent of the Licensor. This right of entry is revocable, if, after notice and an
opportunity to cure, the City does not comply with any terms in this Agreement.
2. Term. This Agreement permits access between the hours of 7 a.m. and 5 p.m.
beginning on the effective date and shall terminate at 5 p.m. on June 30,
2020 . This Agreement a temporary license to enter and conduct the work
described in the License, and not as a grant of easement or any other interest in the
Subject property.
3. No Interference; Prior Notice. Licensee and its contractors' agree that as part of their
operations on the Subject property,noise,dust,vibrations and business disruption shall
be kept as low as reasonably possible. Licensee and its contractors will limit their
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activities, including the location of any equipment, vehicles, etc. to the Subject
property.
4. Restoration. Under this Agreement, Licensee shall restore the Subject property to
stable conditions and implement Best Management Practices for erosion control on
exposed soils at Licensee's sole cost.
5. Retrieval and Disposal of Materials. Licensee and its contractors will conduct all work
in accordance with all applicable laws, rules, and regulations. Licensee and its
contractors will ensure that all equipment is removed and all materials including debris,
trash, and other materials, should any be accumulated, will be disposed of by Licensee
and its contractors in accordance with all applicable laws, rules and regulations, at
Licensee's sole cost and expense. Licensor will not be obligated to execute any
documents identifying Licensee as the owner or generator of these materials, which
status will be held solely by Licensee.
6. As-Is; Indemnification. Licensee (on behalf of itself and the Contractors) accepts the
Property in the conditions that exist without any representation or warranty of the
Licensor,and without any duty of the Licensor to warn of any conditions.The Licensee
shall defend, indemnify and hold the Licensor, its officers,officials,employees,agents
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, except for injuries and damages caused by the sole negligence of the
Licensor.
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 Licensee and the City, its officers, officials, employees, agents and volunteers,
the Licensee's liability will be limited to the extent of the Licensee's negligence. It is
further specifically and expressly understood that this indemnification constitutes the
Licensee's waiver of immunity under Industrial Insurance,Title 51 RCW,solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the
parties. The provisions of this section shall survive the expiration or termination of this
Agreement.
7. Sole Cost of Licensee. Licensee agrees that all work and activities performed by or on
behalf of Licensee in connection with this License Agreement shall be at the sole cost
and expense of Licensee, and Licensee shall promptly pay all such costs and expenses
when due.Licensee agrees to keep the Property free and clear of all liens resulting from
Licensee's or the Contractors' activities upon the Subject property.
8. Insurance. Before Licensee, any contractor or consultant, or any of their respective
agents or representatives, enter onto the Subject Property, Licensee shall (and shall
cause each contractor to) carry and maintain at its sole cost and expense,the following
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types of insurance in the amounts specified and placed with insurers with a current
A.M. Best rating of not less than A: VII.:
a. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be at least as broad as Insurance Services Office
(ISO) form CA 00 01. Automobile Liability insurance must have a minimum
combined single limit for bodily injury and property damage of$1,000,000 per
accident.
b. Commercial General Liability insurance shall be as least at broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors, products-completed operations, stop gap
liability, personal injury and advertising injury, and liability assumed under an
insured contract. The Commercial General Liability insurance shall be
endorsed to provide a per project general aggregate limit using ISO form CG
25 03 05 09 or an equivalent endorsement. There shall be no exclusion for
liability arising from explosion,collapse or underground property damage. The
Public Entity shall be named as an additional insured under the Contractor's
Commercial General Liability insurance policy with respect to the work
performed for the Public Entity using ISO Additional Insured endorsement CG
20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20
37 10 01 or substitute endorsements providing at least as broad coverage. The
Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000
products-completed operations aggregate limit.
c. The City's membership in the Washington Cities Insurance Authority will
satisfy all conditions set forth in Section 8 of this agreement. Upon request, the
City will provide an Evidence of Coverage letter to the Licensor.
d. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
e. Any Contractor's Automobile Liability and Commercial General Liability
insurance policies are primary insurance to the City's. Any insurance, self-
insurance, or self-insured pool coverage maintained by the City shall be excess
of the Licensee's insurance and shall not contribute with it.
f. Licensee shall cause all Subcontractors and Consultants to provide insurance
coverage that complies with all applicable requirements, except the Licensee
shall have sole responsibility for determining the limits of coverage required to
be obtained by Subcontractors and Consultants. The Licensee shall ensure that
the City and Licensor are an additional insured on each and every
Subcontractor's Commercial General liability insurance policy using an
endorsement at least as broad as ISO Additional Insured endorsement CG 20
38 04 13.
g. Any contractor shall provide the Licensee and all Additional Insureds for this
work with written notice of any policy cancellation within two(2)business days
of their receipt of such notice.
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Page 3
9. Safety and Assumption of Risk. Licensee shall maintain a safe work site on the Subject
property. Licensee agrees that it and its contractors shall use all safety equipment and
every device, procedure, care and precaution standard in the industry for the protection
of the Subject property and the protection and safety of life, limb, and health of all
individuals on or near its work site at the Subject property, and comply with all
applicable safety, environmental and other laws. Licensee shall be responsible for all
actions and omissions of its contractors and consultants at the Subject property and
Licensee assumes all liability and risk for any personal injury, death, property damage,
hazardous, pollution or contamination release or transport of hazardous or toxic
materials, gases or liquids arising out of, connected with or relating to Licensee or its
contractors or consultants operations and work on the Subject property.
10. Attorneys' fees. If either of the Parties is required to engage an attorney or institute an
action in order to enforce any of the provisions of this Agreement, the prevailing Party
shall be entitled to reasonable attorneys' fees, expert witness fees, and court costs that
may be incurred in connection with this Agreement.
11. No waiver. No failure or delay in exercising any right, power, or privilege under this
License shall operate as a waiver, nor shall any single or partial exercise of a right
preclude any other or further exercise of any right, power or privilege hereunder. Any
waiver of any of the rights of the Licensor must be in a writing signed by the Licensor.
12. Choice of Law. The terms of this License Agreement shall be construed pursuant to
the laws of the State of Washington.
13. Further Acts. For the duration of this Agreement, each Party will, whenever requested
to do so by the other Party,execute, acknowledge,and deliver,or cause to be executed,
acknowledged, or delivered, all instruments or documents, and will do any act
necessary to accomplish the intent of this License Agreement.
14. 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 of the Agreement.
15. 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.
16. Survival. Licensee's obligations under the provisions of this Agreement shall survive
the termination of this Agreement.
17. Counterparts. This Agreement may be executed in original or facsimile counterparts,
each of which shall be considered an original and all of which, when taken together,
shall constitute one and the same instrument.
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18. Notice. All notices or other documents(collectively "Notices") shall be in writing and
shall be addressed the recipient and sent by personal delivery or United States certified
mail, postage prepaid. Unless and until otherwise notified, the address of each of the
parties for the giving of Notices shall be:
Licensee Licensor
City of Auburn Lakeland Homeowners Association
Attn: Josh Arndt Attn: Kimberly Stanphill
Sr. Economic Development Officer Regional Property Manager
25 West Main Street 5801 Lakeland Hills Way SE
Auburn, WA 98001-4998 Auburn, WA 98092
Phone: 253-288-4325 Phone: 253-735-1144
Fax: 253-288-3132 Fax: 253.735.5720
E-mail: jarndt@auburnwa.gov E-mail: Kimberly.Stanphill@novaamp.com
The undersigned represents that he or she has the authority to execute this Agreement on
behalf of the party they represent.
CITY OF AUBURN Lakeland Homeowners Association.
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Signature Signature
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Date: /2//0/.26/' Date: i2/ 9/Ze./
COA/Lakeland Hills HOA Right of Entry and Access Agreement
Page 5
Josh Arndt
From: Dana Hinman
Sent: Tuesday, December 10, 2019 3:01 PM
To: Tim Carlaw; Doug Lein
Cc: Josh Arndt
Subject: RE: Lakeland Hill Storm Pond #1 Right of Access
Josh can sign the agreement when ready.Thank you!
From:Tim Carlaw
Sent:Thursday, November 7, 2019 7:58 AM
To: Doug Lein; Dana Hinman
Cc:Josh Arndt
Subject: RE: Lakeland Hill Storm Pond #1 Right of Access
Thank you all!
From: Doug Lein <dlein@auburnwa.Rov>
Sent:Wednesday, November 6, 2019 8:16 PM
To: Dana Hinman <dhinman@auburnwa.Rov>
Cc:Tim Carlaw<tcarlaw@auburnwa.Rov>; Josh Arndt<iarndt@auburnwa.gov>
Subject: Re: Lakeland Hill Storm Pond #1 Right of Access
Tim
Josh will take good care of your needs.
Thank you.
Doug
Sent from my iPhone
On Nov 6, 2019, at 2:29 PM, Dana Hinman<dhinman@auburnwa.Rov>wrote:
Thank you Tim for looping in our real estate expertise on this one.That's what we are here for!
From:Tim Carlaw<tcarlaw@auburnwa.Rov>
Sent:Wednesday, November 6, 2019 1:45 PM
To:Josh Arndt<jarndt@auburnwa.gov>
Cc: Doug Lein <dlein@auburnwa.gov>; Dana Hinman <dhinman@auburnwa.Rov>
Subject: Lakeland Hill Storm Pond #1 Right of Access
Hi Josh,
As we talked about yesterday, I have been directed by Ingrid to secure a right of access(ROA) and future
permanent easement for parcel #0520063022.The Lakeland Hills Homeowners Association HOA owns
this property.The City owns and operates the adjacent upslope storm pond which serves a portion of
the Lakeland Hills area. Due to its large size, the pond is deemed to be a regulated dam by the
Washington State Department of Ecology (DOE) and must be visually inspected annually for compliance
with maintenance standards. Inspections are required for the downslope embankment face of the dam
1