HomeMy WebLinkAboutRight of Entry and Access Agreement with Robert P Londo Iv
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")and Robert P.Londo,a private individual("Licensee").City and Licensee are individually
or collectively referred to herein as the"Party"or the"Parties."
RECITALS:
1. The City owns property located at 302 Lund Road SW in Auburn, Washington. The
corresponding tax parcel number for the subject property : King County 1321049104
("Subject property").
2. Mr.Londo desires to have the right to enter upon the Subject property for the purposes
of its consultant,Talasaea Consultants, Inc.to conduct a Phase 1 evaluation.
3. The City is willing to allow such access upon certain terms and conditions as described
herein subject to the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual obligations, representations, and
promises contained in this Agreement, the City and Licensee hereby agree as follows:
1. Grant of Access on the Subject Property. City hereby grants Licensee,its contractors
and consultants, a temporary, non-exclusive license for right of entry to the Subject
Property, including the right of ingress and egress thereto, for the purpose of a Phase 1
site evaluation, provided Licensee complies with the terms and conditions of this
Agreement. Neither Licensee nor any contractor or consultant will be permitted to
conduct any sampling,intrusive,destructive,or invasive work on the Subject Property
under this Agreement.Not less than two(2)business days prior to Licensee,contractor,
or its consultants entering the property,Licensee will contact City's representative Josh
Arndt at(253)288-4325 to coordinate timing and access points. The Parties will agree
and coordinate where Licensee, its contractors and consultants may enter the Subject
Property, set up equipment, and conduct the work. Any changes to the scope of work
set forth in this paragraph requires advance written consent of the City. This right of
entry is revocable, if, after notice and an opportunity to cure, Licensee should fail to
comply with any terms in this Agreement.
2. Term. This Agreement permits access from 7 a.m. on that date which follows the last
signature and terminates at 7 p.m.on March 31' .This Agreement is intended and will
be construed as a temporary license to enter and conduct the work described herein,
and not as a grant of easement or any other interest in the Subject property. Except as
expressly set forth herein,no other rights are created by this Agreement.
RIGHT OF ENTRY AND ACCESS AGREEMENT/Robert P. Londo/302 Lund Rd SW
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3. No Interference;Prior Notice. With respect to Licensee and its contractors' 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 activities,
including the location of any equipment,vehicles,etc.to the Subject property. Neither
Licensee nor its contractors will interfere with the activities of City's contractors,
employees, guests, customers, occupants, and invitees on and to the Subject property.
Licensee and its contractors are prohibited from blocking or impeding the sidewalk or
other parts of the Right-of-Way.
4. Restoration. Under this Agreement, Licensee shall not disturb the Subject property.
Should any disturbance be caused, Licensee will restore the Subject property to the
same condition as prior to Licensee's work as soon as possible and 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. City 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. In entering the Subject property, Licensee (on behalf of itself
and the Contractors)accepts the Property in the conditions that may exist from time to
time without any representation or warranty of the City, and without any duty of the
City to warn of any conditions.The Licensee 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,except for injuries and damages caused by the
sole negligence of the City.
Should a court of competent jurisdiction determine 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, and
volunteers, the Licensee's liability hereunder shall be only to the extent of the
Licensee's negligence. It is further specifically and expressly understood that the
indemnification provided herein 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.
RIGHT OF ENTRY AND ACCESS AGREEMENT/ Robert P. Londo/302 Lund Rd SW
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7. Copies of Reports.Licensee agrees to provide the City with copies of all final report(s)
performed by Licensee or its Contractors within thirty(30)calendar days from receipt
of same by Licensee, without cost to the City.
8. 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.
9. Insurance. Prior to entry on the Property by Licensee,any contractor or consultant,or
any of their respective agents or representatives,and during the term of this Agreement,
and at all times which access is available to them,Licensee shall(and shall cause each
contractor to) carry and maintain at its sole cost and expense, the following 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. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
d. The Licensee'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.
e. Licensee shall cause each and every Subcontractor and Consultant to provide
insurance coverage that complies with all applicable requirements of the
RIGHT OF ENTRY AND ACCESS AGREEMENT/Robert P. Londo/302 Lund Rd SW
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Licensee-provided insurance as set forth herein,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 is 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.
f. The Licensee shall provide the Public Entity and all Additional Insureds for this
work with written notice of any policy cancellation within two business days of
their receipt of such notice.
g. Failure to maintain the insurance as required is a material breach of the
Agreement,upon which the City may,after giving five business days'notice to
the Licensee to correct the breach,immediately terminate the contract.
10. 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 agents,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.
11. 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.
12.No waiver.It is further understood and agreed that no failure or delay in exercising any
right, power or privilege hereunder shall operate as a waiver thereof, nor shall any
single or partial exercise thereof preclude any other or further exercise thereof or the
exercise of any right,power or privilege hereunder. Any waiver of any of the rights of
the City hereunder must be in a writing signed by the City.
13. Choice of Law. The terms of this License Agreement shall be construed pursuant to
the laws of the State of Washington.
14. 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, any and all such further instruments, documents and do
any and all other acts as may be necessary to accomplish the intent of this License
Agreement.
RIGHT OF ENTRY AND ACCESS AGREEMENT/ Robert P. Londo/302 Lund Rd SW
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15. 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.
16. 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.
17. Survival. Licensee's obligations under the provisions of this Agreement shall survive
the termination of this Agreement.
18. 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.
19.Acknowledgement. Licensee acknowledges and agrees that the City requires permits
and should one be required, Licensee agrees to adhere to all permit requirements.
20.Notice. All notices or other documents (collectively "Notices") given hereunder 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:
City of Auburn Robert P.Londo
Josh Arndt P.O. Box 686
Real Property Analyst Medina, WA 98039
25 West Main Street Phone: 206-550-5560
Auburn,WA 98001-4998 Fax:
Phone: 253-288-4325 Email: rl@londotiberio.com
Fax: 253-288-3132
E-mail: jarndtQauburnwa.gov
21. Assignment. Neither this Agreement nor any of the rights, interests or obligations
hereunder may be assigned by Licensee, in whole or in part(whether by operation of
law or otherwise),without the prior written consent of the City.Any attempt to make
any such assignment without such consent shall be null and void. Subject to the
preceding sentence,this Agreement will be binding upon,inure to the benefit of and
be enforceable by the parties and their respective successors and assigns.
RIGHT OF ENTRY AND ACCESS AGREEMENT/ Robert P. Londo/302 Lund Rd SW ))/3
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The undersigned represents that he or she has the authority to execute this Agreement on
behalf of the party they represent.
CITY OF AUBURN Robert P. Londo
Signature ignat r
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Name: Det..vt(A. Name: p/61,-) o
Title: V l feC4W Q.T W1aVl Title/ hosAL
Date: 1. 31 • W2O Date: / 3/ ZP
RIGHT OF ENTRY AND ACCESS AGREEMENT/Robert P. Londo/302 Lund Rd SW
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