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Rick Lapinski 8/15/2016
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Rick Lapinski 8/15/2016
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Last modified
8/23/2016 11:24:04 AM
Creation date
8/23/2016 11:24:00 AM
Metadata
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Contracts
Contractor's Name
Rick Lapinski
Approval Date
8/15/2016
Council Approval Date
8/3/2016
Department
Planning
Department Project Manager
Paul Popelka
Subject / Project Title
Property Access 3132 Rucker Ave for ESA
Tracking Number
0000244
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Use of Property
Retention Period
6 Years Then Destroy
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a. The City will cause Stantec to give the Property Owner reasonable notice before <br /> commencing any on-site activities. <br /> b. The City will require that Stantec,to the greatest extent possible,performs the Work in a <br /> way that minimizes interference with any ongoing operations. The City will require <br /> that, if Stantec determines that any on-site activity may interfere with the site operations, <br /> Stantec will first notify, and consult with, the Property Owner before commencing the <br /> activity. <br /> c. The Property Owner will have the opportunity to be present for any on-site activity. <br /> d. The City agrees to require Stantec, as practicable, to return the property to the general <br /> condition that existed before the commencement of on-site activities. <br /> e. The City by this Agreement does not guarantee that Stantec will complete the Work. <br /> The City reserves the right to terminate or otherwise limit Stantec's Work in the City's <br /> sole discretion. In the event that the Work is terminated in whole or in part prior to <br /> completion,the City will provide the Property Owner with the data and information <br /> regarding the Work that the City received from Stantec prior to the termination. <br /> INDEMNIFICATION <br /> The City agrees to indemnify the Property Owner from liability, claims, damages and actions to <br /> the extent that they result from the negligent use or occupancy of the Property by the City and its <br /> subconsultants and subcontractors, subject to the following exceptions: 1)the City and its <br /> subconsultants and subcontractors shall have no obligation to indemnify the Property Owner, its <br /> heirs,successors or assigns,or any of them,for any claims or damages for which the City and/or its <br /> subconsultants and subcontractors would have no liability under the laws of the State of <br /> Washington;and 2)The agreement of the City to indemnify,as set forth in this paragraph,shall not <br /> apply to any claims, actions or damages(a)that may arise out of, be occasioned by or result from <br /> any condition(including without limitation hazardous materials)existing on, or which did exist <br /> on,the property at the time of the execution of this Agreement,or at any time prior to the execution <br /> of this Agreement,or(b)that were caused by the Property Owner or any of its predecessors or any <br /> of their tenants, licensees, employees, heirs, successors, or assigns. <br /> GENERAL CONDITIONS <br /> This Agreement represents the entire agreement between the parties concerning site access for the <br /> City and its subconsultants and subcontractors, and supersedes all prior access negotiations, <br /> representations, or agreements, either written or oral between the parties unless otherwise <br /> expressly stated. <br /> This Agreement may only be terminated by the mutual written agreement of the Parties. Further, <br /> any modification to this Agreement shall be in writing. <br /> This Agreement applies to and is binding upon the City and its subconsultants and subcontractors, <br /> and the Property Owner. <br /> TERM <br /> This Agreement shall take effect as of the date both parties have signed and dated it. Unless <br /> terminated sooner by mutual written agreement of the parties,this Agreement shall expire upon <br /> completion of the Work. <br />
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