Loading...
PRE20140014 APP, PLANS AND SIGN IN.pdf13� 2WC." AVC,> t� When recorded mail to: City Clerk City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 201407070096 CONFORMED7OPY FGS SNOHOMISH4COUNTY, NSA INGTON ESI9ff� Fj(f SPACE ABOVE THE LINE FOR RECORDERS USE Assessor's Parcel No.: 0013`J Lb-700700 Applicant: fm&W5 Zy2.0 LLC ENCROACHMENT AND INDEMNITY AGREEMENT FOR SHORING SYSTEMS IN RIGHTS -OF -WAY This ENCROACHMENT AND INDEMNITY AGREEMENT ("Agreement") is entered into between the CITY OF EDMONDS ("City") and 90MMD-5 202,0 L-i-c ("Owner(s)"), the owner(s) of the real property described below and the indemnitor under this Agreement, in accordance with Chapter 18.70 of the Edmonds Community Development Code. 1. The Property. Owner is the owner of that certain real property within the City of Washington, Assessor's Parcel Number 01) # OD % 00 700 and more particularly described as follows as described in Exhibit "A" attached hereto and incorporated herein by reference. 2. The Project. The Owner is constructing [describe project]. located at Edmonds, mi 3. The Rights -of Way. Three City rights -of -way adjacent to Owner's property used for streets and alleys, specifically [name streets and alley here], will be encumbered by an encroachment related to the Project. 4. The Encroachment. The Owner desires to encroach upon the above referenced public rights -of -way and the City hereby covenants and agrees and grants its permission to Owner to allow soil nails and other shoring materials ("Shoring System") to remain in a portion of the City rights -of -way. A partial site plan, scaled 1"=20', showing the location of the encroachment is attached as Exhibit `B" and incorporated herein by this FINAL Encroaclunent and Indemnity Agreement for Shoring Systems 6 10 Kdoc Page 1 of 5 reference. The City's agreement to allow this encroachment is subject to the following terms and conditions: a. On behalf of themselves, their successors and assigns, the Owner(s) promise to maintain, repair and/or remove the encroachment located in the public rights -of - way, and to restore the rights -of -way to substantially their condition prior to the encroachment, at their sole expense to the standards established by the City. b. The Owner(s), on behalf of themselves and their successors and assigns, acknowledge that the City had no obligation to approve the encroachment within the public rights -of -way for the sole benefit of the Owner(s), and the agreements contained herein provide sufficient consideration for the Owner(s) and their successors and assigns to maintain, repair and/or remove said encroachment located in the public rights -of -way, and to restore the rights -of -way to substantially their condition prior to the encroachment, at their sole expense in perpetuity. c. The Owner(s) shall, at the request of the City and within thirty (30) days, repair, reconstruct, and/or remove the encroachment, and restore the rights -of -way to substantially their condition prior to the encroachment, at the Owner(s)' sole expense. Upon receipt of notification from the City that the City requires removal of all or portions of the encroachment from within the public rights -of -way, the Owner(s) will within thirty (30) days remove those portions of the encroachment from within the rights -of -way and restore the rights -of -way as required by the City at their sole expense. If the portions of the encroachment required by the City to be removed are not timely removed by the Owner(s), or if the portions of the rights -of -way are not timely restored by the Owner(s), they shall be removed and/or restored by the City at the expense of the Owner(s), and the Owner(s) shall reimburse the City for the costs of removal of the encroachment and/or restoration of the rights -of -way and disposal of materials as well as for any increased construction costs or consequential damages incurred by the City due to the Owner(s)' delay. In the event that portions of the encroachment must be removed to facilitate utility and/or construction activity by the City within the public rights - of -way or other requirements of the City, the Owner(s) shall be solely responsible for removal of the encroachment, and restoration of the rights -of -way to substantially their condition prior to the encroachment, at their expense upon completion of the utility and/or construction or other activity by the City. d. Whatever rights and obligations of the City with respect to the public rights -of - way shall remain and continue in full force and effect and shall in no way be affected by City's grant of permission to construct and maintain the Shoring System encroachment. e. Business and commercial operation property owners are required to provide and continually maintain during the term of the permit a certificate of insurance naming the City as an additional insured, with respect to liability, and providing FINAL Encroachment and Indernr_ity Agreement for Shoring Systems 6 10 14.doc page 2 of 5 that it shall be primary as to any other policy of insurance. A copy of the insurance certificate shall be provided to the City at the beginning of each calendar year, no later than the 21St day of January. f. Owner(s) shall, in the performance of this Agreement, comply with all applicable Federal, State and local laws and regulations, including but not limited to City code and ordinance requirements. 5. Indemnification. In consideration of the City's permission to encroach upon and indefinitely occupy the public rights -of -way described above by erecting and maintaining within the rights -of -way the Shoring System designed to support the public rights -of -way during construction of the Project with soil nails and other shoring materials, the Owner(s) on behalf of themselves, their heirs, executors, administrators, successors, assigns, lessees, sub- lessees, tenants and sub -tenants; covenant and agree to at all times protect and save harmless the City, its officers, agents and employees, from any and all claims, actions, suits, losses, and expenses of every kind and description, foreseen or unforeseen, which may accrue to or be suffered by any person or persons, or public or private property, or by the City arising from or out of the Owner(s) promises contained in this Agreement; including but not limited to any damage that may be caused to the encroachment by the City's operation, maintenance, repair, replacement or other work related to construction activity within the public rights -of -way, or any damage or expense arising out of the loss of, or damage to, public or private property or the injury to or death of any person or persons. Owner(s) agree to compensate the City for damages to the public rights -of -way and the utilities located therein, and for the costs of repair, reconstruction, and restoration of the public rights -of -way, including but not limited to the expenses of such repair, reconstruction or restoration, the construction of temporary facilities and bypasses, traffic redirection, barricades, fences and other measures taken to protect the public, the public rights -of -way, and utilities therein, and for the extraction of the soil nails and other materials that are situated within the public rights -of -way for shoring purposes, if deemed necessary by the City in its sole discretion. This promise to hold harmless and indemnify includes defense by counsel of the City's choosing and the payment of reasonable attorneys' fees and court costs. Nothing herein, however, shall be interpreted to require the Owner(s) to indemnify the City from the negligence or intentional tortious act of its employees, officers, or agents. This indemnification agreement is and shall be deemed to be a covenant attaching to and running with the above -described real estate. 6. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between the parties with respect to the subject matter. This agreement may not be amended except in writing in a document filed of record with the auditor of Snohomish County, Washington. 7. Notices. Any notice which is required or may be given pursuant to this Agreement shall be sent in writing by United States mail, first class, postage pre -paid, FILIAL Encroachment and Indemnity Agreement for Shoring Systems 6 10 14.doc Page 3 of 5 registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: If to the City: City Engineer City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 If to the Owner(s): el ell These addresses may be changed from time to time by providing notice to the other party in the manner described above. 8. Waiver. City's consent to or approval of any act or omission by Owner(s) shall not constitute a waiver of any other default by Owner(s) and shall not be deemed a waiver or render unnecessary City's consent for approval to any subsequent act by Owner(s). Any waiver by City of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement. 9. Termination of Agreement. In addition to any other remedy provided for by law, the City reserves the right to terminate this Agreement in the event the encroachment negatively impacts or damages the City's right-of-way, easement and/or underlying utility systems or violates any condition of service adopted by the City, at its sole discretion, as may be necessary to prevent damage to the City's utility system, or any other public facility or private property which may be impacted by the Owner(s)' failure to properly use the right-of- way. 10. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Owner(s) agree to incorporate this Agreement by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. 11. Capacity. Each party represents that the person(s) executing this Agreement on behalf of such party has the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this /Z day of 2014. FINAL Encroachment and Indemnity Agreement for Shoring Systems 6 10 14.doe Page 4 of 5 CITY OF EDMONDS By: EIv INEERING DIVISION OVJNER(S):, e STATE OF WASHINGTON COUNTY OF SNOHOMISH This day, personally appeared before me,-000'4t4S K- 5p22 to me known to be the person(s) who executed the within and foregoing document and that (helshelthey) ke- signed the same as (his/her/their) W5 free and voluntary act and deed for the uses and purposes therein mentioned. E MJAJAA ON �,P o P lic iq i NOTARY �y d v-,d 4,P- 11A., r"�► Typed orti?rinted Name v N PUBLIC c., 9 ®6-15.2018 G My Commission expires: fi 1l� �l IF FINAL Encroachment and Indemnity Agreement for Shoring Systems 6 10 14.doc Page $ of 5 Edmonds 2020 LLC 307 Bell Street Edmonds, WA 98020 Project: New Edmonds Post Office 130 Second Avenue North Edmonds, WA 98020 Legal Description: The following described real estate situated in the county of SNOHOMISH State of Washington: LOTS 7 THROUGH 12, INCLUSIVE, BLOCK 7 PLAT OF EDMONDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 1, OF PLATS, PAGES 26 AND 27, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. SUBJECT TO: EXCEPTIONS SET FORTH ON ATATCHED EXHIBIT "A" AND BY THIS REFERENCE MADE A PART HEREOF AS FULLY INCORPORATED HEREIN. LOTS 7-12, BLK-7 PLAT OF EDMONDS Assessor's Parcel Number: 00434400700700 / 00434400700800 w m ALLEY e SOLDIER PILE AND GROUND ANCHOR SHORING ��4'44 ��A�44 4+4'4 2 4�4,4�44 �$-44 4+�P♦ 4 A�44+ 4 �4�P���44�4 v I I I I I I I I I I I I I I I I I I I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 0---- ---° - - - - -- J - - -- -- ---9- -- °- - - - - -- 11 I _ I I f r 1 r-1 r-1 r—J F-- i0 1 0 1 1 0 1 1 0 1 1 0 1 IL 0 1 1 0 1 I L-J L I I L-J I L-J I L-J L-J 1 — — I 1 _ I I------ I r ----- - ---� --1 p Ir_ 1 0 1 I O of I 1 — 1 - �I L---- - - - - -- J I � — I r-- LJ � I I I 1 I c,l I I 0 I I f) r -1L 1 I I� L _J L -- —J I I I I I I I I I I r-I� r I, I �- 1 I r-� I r -� F -1 I 1 0 1 I (I L O J L J L O J L-J L J I I I I 1 I 1 I I I I I I L J 1 I I IL - - - L--- - - - - - - - - - --- - - - - - ---- ----------------J-----� I a o o e PROPERTY LINE ALLEY PROPERTY LINE_ - - NOTES: EXHIBIT PREPARED FOR CITY OF <=' - EDMONDS PERMIT NUMBER BLD20140074. _ FOR SHORING DETAILS SEE THE SHORING PLAN SET TITLED 'NEW EDMONDS POST OFFICE TEMPORARY SHORING PLANS', BY �© GROUND SUPPORT PLLC, DATED MAY 23, 2014. PROPERTY LINE O 30 Exhibit SECOND AVE N e SOIL NAIL SHORING Shoring Plan FEET New Edmonds Post Office EDIVION-4 OP ID: CS ACORO DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 07/01/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If. SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 206-285-7735 NAME: CONTACT Lovsted-Worthington LLC PHONE P.O. Box 607 Bothell WA 98041 206-285-3461 AIC No. Eli: I IarC, No): 424 Third Ave W E-MAIL Seattle, WA 98119 ADDRESS: Dean R. Young INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Colony Insurance Company INSURED Edmonds 2020, LLC INSURER B: 307 Bell Street Edmonds, WA 98020 INSURERC: INSURER D : INSURER E : INSURER F : Cr%%1=0Ar_9=C CERTIFICATE AllIMRFR• RFVISION NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ITYPE OF INSURANCE uL POLICY NUMBER MM DDY EFF M LTR MDDIYYYY LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 5,000,00 A X COMMERCIAL GENERAL LIABILITY X 103GL000463700 06/12/14 06/12/16 PREMISES (Ea occurrence) $ 100,00 CLAIMS -MADE I I OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 5,000,00 X stopgap GENERAL AGGREGATE $ 5,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOPAGG $ 5,000,000 POLICY I I PRO n LOC IEmp Ben. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS BODILY INJURY (Per accident) $ DAMA (Per accident) $ Is UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DID I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER(MEMBER EXCLUDED9 N I A I WC STATU- I OTH- TORY LIMITS ER E.L EACH ACCIDENT $ (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) E-26 Encroachment Permit #ENG20140287(for architectural features) and ENG20140300 (for shoring) Encroachment Address: 130 2nd Ave N ** Its is understood and agreed that the City of Edmonds is an additoinal insured per CG20120509 attached. EDMOND2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Edmonds THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Division 121 5th Avenue North Edmonds, WA 98020 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD I C) � 7� V �) INS'-1 so 0 IIIIIIIII ENCROACHMENT PERMIT #: -9NUOI402�- BUILDING PERMIT #: 61-026074 RECORDING #: �1 �} 170 i i ENCROACHMENT PERMIT APPLICATION [:]Cheek box for Encroachment Including Artwork in the Public Right -of -Way PROPERTY OV4'NER NAME: C %� �/�� o'— c L Phone ��- 64o - 000b PROPERTY OWNER MAILING ADDRESS: 3 G BUSINESS NAME (for Commercial applications): BUSINESS OWNER NAME: 7)&' e -? 14 ,f Phone q2,5-- 6 qv - 'i00 0 ADDRESS OF PUBLIC ENCROACHMENT: 1rt1� ' fJ, 6�'4AO�/ps 71�t)z�t) is:nrn::z*.r_5z x%:"G✓•.7."%.:r-c�xar:z:>%-i%?r.:;z-xs^r.�:•r.�7•^a::•rr:%-xr-mzczr:rciir%x2:a��/..rr=,"/emu'." c._h-.�..�,/:..✓.-r-✓. G..G l.. % .. G r.i %.L .�.G_G.c.i..F fiGF./.�.�'fVJ �sta+lat Permanent structures encroaching upon any portion of public space, City right-of-way or easement area shall meet all Code Requirements as set forth in the following chapter of the Edmonds Community Development Code. 18.70 STREET USE AND ENCROACHMENT PERMITS PERMIT ISSUANCE An Encroachment Permit may be issued, at the discretion of the Development Services Director, City Engineer or their respective designee, for permanent structures encroaching upon any portion of public space, City right-of-way or easement area, if the structures are placed in compliance with the above referenced Code Section and the following criteria are met: 1. It has been concluded that the proposal will not adversely impact public space open to vehicular or pedestrian travel; 2. Architectural Design Board approval has been granted or the process has been administratively approved; 3. The proposal will not unreasonably interfere with the rights of the public; and 4. The proposal either benefits the public interest, safety or convenience (e.g., supports or protects the City street) or is an accessory structure such as a fence normally associated with residential use of the property as fully complies with the requirements of Criteria 3 above. 5- Edmonds Arts Commission has reviewed the required materials and made a favorable recommendation. DESCRIPTION OF PROPOSED ENCROACHMENT: (include total square footage of encroachment and give specific location such as, 5' west of face of curb and 10' south of ell of driveway entrance) See attached. S:1EngrlFormsTncroac1nnent Application.doc Revised 10/9/200 7 APPLICANT TO READ AND SIGN NOTE: The issuance of this permit is understood by the applicant to be of a temporary nature, revocable by the City per ECDC 18.70.040 and that no vested right is granted. Applicant is responsible to provide a copy of the insurance certificate to the City at the beginning of each calendar year, no later than: the 21" day of January. INDEMNITY.• The applicant understands and by his/her signature to this application, agrees to hold the City of Edmonds harmless from any injuries, damages or claims of any kind or description whatsoever, foreseen or unforeseen, that may be made against the applicant or the City of Edmonds, or any of its departments or employees, including but not limited to the defense of any legal proceedings including defense costs, court costs, and attorney fees by reason of granting this permit. In addition, the applicant understands that he/she shall provide and continually maintain during the term of the permit a certificate of insurance naming the city as an additional insured, with respect to liability, andproviding that it shall be primary as to any other policy of insurance. CODE APPLICATION: By signing the application below the applicant warrants that s/he has read or had the opportunity to read Chapter 18.70 of the Edmonds Community Development Code and s/he understands that all terms of the adopted ordinance are incorporated herein as if set forth in full and this application and permits t refore a/saub'eet to the terms of those Chapters. SIGNATURE �--� DATE ***Xx** DEPARTMENT APPR�YA�"*** FOR CITY USE ONLY ** ** Date Rcv'd: b3: Cert. of Insurance verified by: Date .Public Works Approved by: Remarks: .Planning Division Approved by• ADB# Date Remarks: . Edmonds Arts Comm -ion Approved By: Date Remarks: NEngineering Division Approved Remarks: S:\Engr\Forms\Encroachment Application.doc Revised 10/9/2007 DESCRIPTION OF PROPOSED ENCROACHMENT: 1. 313 SF steel & glass canopy from south end to 2/3 of west side of building going north. 2. 36 SF steel & wood trellis at west side of building level 3 midpoint. 3. 33 SF precast concrete cornice at west side of building level 3 midpoint. 4. Flagpole at west side of building adjacent to curb, 46' from south end of building. 5. Landscape irrigation west and north sides of building. As -built plan will be filed with the city upon completion of the project. EDMON-4 OP ID: CS ACORO ' DATE (MMJDDNYYY) 1% CERTIFICATE OF LIABILITY INSURANCE 07/01/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pDlicy(ias) must be endorsed. If. SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 206-286-7736 Lovsted-Worthington LLC P.O. Box 607 Bothell WA 98041 206-285-3461 424 Third Ave W Seattle, WA 98119 CONTACT NAME: PHONE, No. Ext): AIC. No : E44AIL ADDRESS: Dean R. Young INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Colony Insurance Company INSURED Edmonds 2020, LLC 307 Bell Street INSURERB: Edmonds, WA 58020 INSURERC: INSURER D : INSURER E : WSURFR F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR —811 TYPE OF INSURANCE NS W rc POLICY NUMBER I MMIDDPOLICY/YYYYI IMM DD/YYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 A X COMMERCIAL GENERAL LIABILITY X 103GL000463700 06/12/14 06/12/16 2 SES Eaoc1'ence $ 100,00(I CLAIMS -MADE ® OCCUR MED EXP (Any one person) $ 5,00® PERSONAL & ADV INJURY $ 5,000,00t1 X stop gap GENERAL AGGREGATE S 5,000,0011 GEN'LAGGREGATELIMITAP(PLIE PRODUCTS $ 5,000,00 0 �SPER: POLICY II PRCT I I JFCLOC Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accdent S BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTOS AUTOS ED BODILY INJURY (Per accident) $ PROPERTY Perac-dent MA $ UMBRELLA LIAR HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION $ S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE WC STATU- OTH- T IT PETER E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) E-26 Encroachment Permit #ENG20140287(for architectural features) and ENG20140300 (for shoring) Encroachment Address: 130 2nd Ave N ** Its is understood and agreed that the City of Edmonds is an additoinal insured per CG20120509 attached. GEK 1 IFI(:A I E FIULUEK GANt l=LLA I IUN EDMOND2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Edmonds THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE VVITH THE POLICY PROVISIONS. Engineering Division 121 5th Avenue North Edmonds, VVA 98020 AU HORIZED REPRESENTATIVE ©1988-2010 ACiORi) CORPti IA T IO: 1,3. AH rights rese, voci. sCORo 25 (..0',0/05) The .CORD lard= and tcgo are . agiscered -,,arks of A.CORD When recorded mail to, City Clerk City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 CONFORMED COPY 201407070110 10 PGS 0710712014 9 ; 38am ISHINGTON100 SNOHOMISH COUNTY, NO EXCISE TAX REQUIRED UUL 07 2014 KIRKE SIEVERS, Snohom'A County Treasurer i3y KIRKE SIEVERS SPACE ABOVE THE LINE FOR RECORDERS USE Assessor's Parcel No_: 0A 3 4 400 /10 -700 Applicant: 6PMI+1405 V20 Z-4C. ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement's is entered into between the CITY OF EDMONDS ("CiW) and 45DAW tJfls 207-4 L-L-C- ("Owner[s]"), in accordance with Chapter 18.70 of the Edmonds Community Development Code. 1. The Pro a Owner is the owner of that certain real property located at 0 ��t �, A-(, �;,,�(� , 1,i ; within the City of Edmonds, Washington, Assessor's Parcel Number D0'4 5 d `,- b 0 700 -7 0+0 and more particularly described as follows as described in Exhibit "A" attached hereto and incorporated herein by reference. 2. The Easement. The City right-of-way adjacent to owner's existing easement used for (strike those that don't apply) [street, road, alley, bikepath, pedestrian easement, sanitary sewer, water, storm, other or property or an trail, sidewalk, 3. The Encroachment. The Owner desires to encroach upon the public easement and the City hereby covenants and agrees and grants its permission to Owner to allow to remain in a portiov n of the City is it-ofway/easement_ A partial site plan, scaled 1 "=20', showing the location of the encroachment is attached as Exhibit `B" and incorporated by reference. This Agreement is subject to the following terms and conditions: -]oi4- a. On behalf of themselves, their successors and assigns, the Owner promises to maintain, repair, remove and/or replace the encroachment located in the easement at their sole expense to the standards established by the City. All maintenance, repair, removal and/or replacement shall be conducted solely at the Owners' expense. b. The Owner, on behalf of themselves and their successors and assigns, acknowledge that the City had no obligation to approve the encroachment within the casement for the sole benefit of the Owner, and the agreements contained herein, provide. sufficient consideration for the Owner and their successors and assigns to maintain, repair, remove and/or replace said encroachtnnent located in the easement at their sole expense in perpetuity. c. The Owner promises to indemnify and hold harmless the City, its officers, agents and employees fiorn any loss, claim or liability of any kind or nature arising from or out of its promises contained within this agreement, including any damage that may be caused to the encroachment by the City's operation, maintenance, repair, replacement or other work related to construction activity within the easement This promise to hold harmless and indemnify includes defense by counsel of the City's choosing, the payment of reasonable attorney's fees and court costs. Nothing herein, however, shall be interpreted to require the Owner to indemnify the City from the negligence or intentional tortuous act of its employees, officers, or agents. d. The Owner shall at the request of the City, promptly remove, repair, reconstruct, and/or replace the encroachment at the Owners' sole expense. Upon receipt of notification from the City that the City requires removal of all or portions of the encroachment from within the easement, the Owner will promptly remove those portions of the encroachment from within the easement area as required by the City at their sole expense. If the portions of the encroachment required by the City to be removed are not timely removed by the Owner, they shall be removed by the City at the expense of the Owner, and the Owner shall reimburse the City for the costs of removal of the encroachment and disposal of materials as well as for any increased construction costs or consequential damages incurred by the City due to the Owners' delay. In the- event that portions of the encroachment must be removed to facilitate utility and/or construction activity by the City within the easement or other requirements of the City, the Owner shall be solely responsible for replacement of the encroachment at their expense upon completion of the utility and/or construction or other activity by the City. e. Whatever rights and obligations were acquired by the City with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by City's grant of permission to construct and maintain the encroachment structure. -2of?- f The property owner is rewired to provide and continually maintain during the terin of the permit a certificate of insurance naming the City as an additional hisumed, with- respect to liability; and providing that it shall be primary as to any other policy of insurance. A copy of the insurance certificate shall be. provided to the City at the beginning of each calendar year, no later than the 21st day of Jarluary. 4. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between the parties vrith respect to the subject matter. This agreement may not be amended except in writing in a document filed of record with the auditor of Snohomish County, Washington. 5. Notices. Any notice which is rewired or may be given pursuant to this Agreement shall be sent in writing by United States mail, first class, postage pre -paid, registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: Kto the City. - City Engineer City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Kto the Owner. which addresses may be changed from time to time by providing notice to the other party in the manner described above. 6. Waiver. City's consent to or approval of any act or omission by Owner shall not constitute a waiver of any other default by Owner and shall not be deemed a waiver or render unnecessary City's consent for approval to any subsequent act by Owner. Any waiver by City of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement. 7. Termination of Agreement. In addition to any other remedy provided for by law, the City reserves the right to terminate this agreement in the event the encroachment negatively impacts or damages the City's easement and/or underlying utility systems or violates any condition of service adopted by the City, at its sole discretion, as may be necessary to prevent damage to the City's utility system, or any other public facility which maybe impacted by the Owners' failure to properly use the easement. 8. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Owner agrees to incorporate this agreement by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. -3of4- 9. Capacit>>. Each party represents that the person(s) executing this Agreement on behalf of such party has the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this j % day of �1 itiv��1 , 201L-. 0-%VNER(S): LOU STATE OF WASHINGTON COUNTY OF SNOHOMISH LE This day, personally appeared before me, Dow ItA S to me known to be the person(s) who executed the ) '� and foreing document and that (he/she/they) h & signed the same as (his/her/their) L.16 free and voluntary act and deed for the uses and purposes therein mentioned- 6J�Ci .�SstoM i oPublic I -+ NOTARY � x �a v<<2(kL A . l�l it ► �,v� Typed or Printed Name N PUBLIC �., (� 06-15-2018 Ci My Commission expires: ( l51 ! \r OP Was�i� CITY OF ED�19yI,+ONDS By: ENGINEERING DIVISION -4of4- Edmonds 2020 LLC 307 Dell Street Edmonds, WA 98020 Project: New Edmonds Post Office 130 Second Avenue North Edmonds, WA 98020 Legal Description: The following described real estate situated in the county of SNOHOMISH State of Washington: LOTS 7 THROUGH 12, INCLUSIVE, BLOCK 7 PLAT OF EDMONDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 1, OF PLATS, PAGES 26 AND 27, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. SUBJECT TO: EXCEPTIONS SET FORTH ON ATATCHED EXHIBIT "A" AND BY THIS REFERENCE MADE A PART HEREOF AS FULLY INCORPORATED HEREIN. LOTS 7-12, BLK-7 PLAT OF EDMONDS Assessor's Parcel Number: 00434400700700 / 00434400700800 a A " SECOND AVEN,U.E-NORTH r,-;. �. (+41.08 PROPERTY LINE 25'-0" BASEMENT LEVEL PARKING GARAGE ENTRANCE/EXIT ,j POST OFFICE PARKING ENTRANCE TD STEEL LAGPOLE SITE PLAN 0 10 20 40 NOTE: LANDSCAPE. IRRIGATION TO BE PLACED WITHIN ROW. LU Ag BUIL T PLAN WILL BE FILED o u WITH CITY UPON PROJEC_ I _ L COMPLETION _ _c3J — (OVERALL SITE DIMENSION) _ O N CO 19 LINE ROOF OUTLINE ABOVE THIRD FLOOR PLAN 0 10 20 40 F� I L------------------ WEST ELEVATION ill =20' 0 10 20 40 PAINTED STEEL & WOOD TRELLIS 8 ------------ PAINTED STEEL & GLASS CANOPY PRECAST CORNICE gpi1 131-T 111"):f (c) . \WALL SECTION 1 /411 _ 1 1_011 � n 9 4. R �� � n415" I iwift- I� ���``' 'Ar GLASS C, Oil i4b ,10 owl I I I I I � 11110 rel M I ATM I I wil al It a I I a 19 -4911 111 "It 19 on ppgmp ;A"A4=