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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 Page 1 41/ 2'0 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 -442-1Page 2 ti /3//i; 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 Page 3 - � 3� z 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 Page 4 )A 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 Page 5 1/ ° 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 c 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 Page 6