HomeMy WebLinkAboutPermit PAG-14-002
LICENSE FOR TEMPORARY ACCESS
BETWEEN CITY OF RENTON AND FRANK FALANIKO AND ROSE FALANIKO
This LICENSE (hereinafter "License") is made as of the last day of execution of this
License by the Parties below, between the CITY OF RENTON, a Washington municipal
corporation (hereinafter "Renton"), and FRANK FALANIKO and ROSE FALANIKO, husband and
wife, (hereinafter "Falaniko"). Renton and Falaniko (hereinafter "the Parties") set forth the
following:
I. RECITALS
1.1 Renton has determined that the culvert under NE 31St Street is failing and poses a
hazard to users of the public roadway. Repairs are required that shall include the removal of
the NE 31s' Street culvert and the culvert's replacement with a new bridge.
1.2 The removal of the NE 31St Street culvert and the construction of a new bridge will
periodically require full road closure on a portion of NE 31St Street, adversely impacting access
to properties solely served by use of the public roadway known as NE 31St Street.
1.3 When full road closure is required on NE 31St Street, in conjunction with the
improvements described above, alternate access is required for Renton and nearby adjacent
property owners and their service providers.
1.4 The owners of real properties and their private service providers, that will require
temporary access during times of full road closure of NE 31St Street, on and over Falaniko's
private driveway, are identified as King County Assessor Parcel Nos. 3345100081, 3345100122,
and 3345100123, all lying within the SE quarter, Section 32, Township 24 North, Range 5 East,
W.M., City of Renton, King County, Washington.
1.5 Falaniko is the owner of a private driveway, as shown in EXHIBIT A, attached hereto and
by this reference incorporated herein, that may be used as a means of alternate access by
Renton and the aforementioned property owners set forth above and their service providers,
during those periods of full road closure of NE 31St Street during removal of the culvert and
construction of a new bridge.
LICENSE FOR TEMPORARY ACCESS-Page 1
1.6 This License for temporary access is made upon the basis of the foregoing recitals, and
in consideration of the mutual promises and covenants set forth herein and the mutual benefits
to be derived by the Parties hereto.
II. LICENSE FOR TEMPORARY ACCESS
2.1 Recitals. The recitals set forth above are hereby incorporated by reference into and
made part of this License.
2.2 Required Improvements. The roadway improvements to be made by Renton consist
of removal of the culvert under NE 31St Street and replacement of same with a new bridge.
These public roadway improvements shall require the periodic closure of NE 31St Street in
Renton, King County, Washington.
2.3 Property Owners. Frank Falaniko and Rose Falaniko, husband and wife, are owners of a
private driveway shown and described in EXHIBIT A attached hereto and incorporated herein by
this reference. Use of Falaniko's private driveway is required to provide access to other
properties, their service providers and Renton, when full closure is required of NE 31St Street in
conjunction with Renton's roadway improvement project.
2.4 License for Temporary Access. Falaniko agrees and hereby grants to Renton, and to
the property owners and their service providers set forth in the recitals above, a License for
temporary access to enter, drive over, and use Falaniko's private driveway (as set forth in
EXHIBIT A attached hereto) only during times of full closure of the roadway of NE 31St Street, as
is necessary for the removal of the NE 31St Street culvert and the construction of a new bridge.
The purpose of this License is to provide access to and from the properties served by NE 31St
Street during closure of the roadway. Access over Falaniko's private driveway shall be denied
at all times that NE 31St Street is not fully closed. It is expected that full closure will occur in two
periods of approximately 30 calendar days each, subject to contractor needs.
NE 31St Street will be open for public use during the period from July 26 to August 10, 2014,
inclusive.
2.5 Consideration. In consideration for the License for Temporary Access set forth above,
Renton shall pay to Falaniko the sum of One-hundred Dollars ($100.00) per day for each and
every day that Renton and/or its contractor shall fully close NE 31St Street to vehicle access at
the culvert location. Full closures of NE 31St Street for partial days shall be counted as a full
twenty-four (24) hour day. Renton also agrees to provide Falaniko forty-eight (48) hours' notice
before each full closure of NE 31St Street, and to inform Falaniko of the number of days that full
closure of NE 31St Street shall be in effect.
LICENSE FOR TEMPORARY ACCESS-Page 2
2.6 Term of license. This License shall remain in effect from the date of execution by the
Parties hereto until the removal of the culvert and the bridge construction on NE 31St Street is
complete.
2.7 Recording. The Parties shall not record this License for Temporary Access, or any
memorandum of this License, with the King County Recorder's Office.
2.8 Notices. All notices pursuant to this License for Temporary Access shall be sent to the
following addresses by United States Postal Service, certified mail with return receipt
requested:
City of Renton: Public Works Administrator
City of Renton
1055 S. Grady Way
Renton, WA 98057
Telephone: 425-430-7211
Frank Falaniko and Frank and Rose Falaniko
Rose Falaniko 2224 NE 31"Street
Renton, WA 98056
Telephone: 425-802-7081
2.9 Dispute Resolution. In the event that any dispute arises between the Parties as to the
interpretation or application of any term of this License, or as to the validity of any claim made
by either party against the other arising under this License, and the Parties are unable to
resolve the dispute through negotiations, the Parties agree to participate in a nonbinding,
evaluation and mediation of their dispute at a mutually agreeable location prior to commencing
legal action to enforce this License. Either party may request that any dispute be submitted to
evaluation and mediation at any time upon the giving of written notice to the other party.
2.9.1 Selection of Mediator. Upon the giving of notice by either party as provided
above, the Parties shall attempt to select a neutral person to mediate the dispute. If,
after thirty (30) days, the Parties cannot agree on any of the persons named, or if
acceptable persons are unable to serve, or if for any reason the appointment of a
mediator cannot be made, either party may request that a judge of the King County
Superior Court, King County, Washington, at the Maleng Regional Justice Center,
appoint a mediator to assist in the dispute resolution process or the Parties may, by
agreement, seek other means of alternative dispute resolution by arbitration.
2.9.2 Conflicts of Interest. Each party to this License shall promptly disclose to the
other any circumstances known by it/him/her/they that would cause justifiable doubt as
to the independence or impartiality of any individual under consideration or appointed
as a mediator. Any such individual shall promptly disclose such circumstances to the
LICENSE FOR TEMPORARY ACCESS-Page 3
Parties. If any such circumstances are disclosed, the individual shall not serve as
mediator unless both Parties agree in writing.
2.9.3 Compensation of Mediator. The mediator's charges shall be established at the
time of appointment. Unless the Parties otherwise agree, the fees and expenses of the
mediator shall be split equally and each party shall bear their own attorney's fees, costs
and expenses.
2.9.4 Mediation Session. The mediation session is intended to provide each party with
an opportunity to present its best case and position to the other party and the mediator
and for the Parties to receive opinions and recommendations from the mediator. The
mediator shall facilitate communications between the Parties, identify issues, and
generate options for settlement or resolution of the dispute. The mediator shall also
discuss with each party separately the mediator's opinion and evaluation of the
strengths and weaknesses of that party's position. The terms of any settlement made
by the Parties as the result of the mediation shall be set out in a written addendum to
this License.
2.9.5 Confidentiality. The dispute resolution process identified in this paragraph is a
compromise negotiation. The Parties agree to maintain in confidence all offers,
promises, conduct, and statements, oral or written, made in the course of the mediation
by either of the Parties, their agents, employees, experts, representatives or attorneys,
or by the mediator and agree that the same shall be deemed negotiations in pursuit of
settlement and compromise and not admissible or discoverable in subsequent legal
proceedings pursuant to Washington Evidence Rule (ER) 408. The mediator shall be
disqualified as a trial or deposition witness, consultant, or expert of either party. This
paragraph, however, shall be subject to the Public Records Act, Chapter RCW 42.56.
2.9.6 Reservation of Rights. In the event that the Parties are unable to resolve the
dispute through the dispute resolution process established in this paragraph, the Parties
reserve any and all other rights and remedies available to each of them regarding such
dispute, including binding arbitration with a single arbitrator, to be selected as in the
same manner as a mediator set forth above. Binding arbitration must be by mutual
agreement of the Parties. In the absence of mutual agreement, any party reserves and
retains its right to have the dispute adjudicated in court.
2.10 Governing Law. This License is entered into under the laws of the State of
Washington, and the Parties intend that Washington law shall apply to the interpretation
hereof.
2.11 Enforcement. Venue and jurisdiction to enforce all obligations under this License
shall lie in the King County Superior Court, Maleng Regional Justice Center, in Kent, King County,
Washington. The obligations of the Parties hereunder may not have an adequate remedy by
way of an action for damages and the terms hereof may be enforced by an action for specific
performance.
LICENSE FOR TEMPORARY ACCESS-Page 4
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2.12 Severability. In the event a court of competent jurisdiction declares any material
provision of this License invalid, unconstitutional, or otherwise unenforceable, any party may
elect to terminate the remainder of this License. In the event a non-material provision of this
License is declared invalid, unconstitutional, or otherwise unenforceable, such provisions
hereof as are not affected by such declaration shall remain in full force and effect.
2.13 Amendment. This License may be modified only by written instrument duly executed
by all Parties.
2.14 Binding Effect. This License shall be binding upon, and inure to the benefit of the
Parties and their respective successors and assigns.
FRANK FALANIKO: ,C
Date: v
Frank Falaniko
ROSE FALANIIKO
�/Z� _W"Lt Date: U
Rose Falaniko
THE CITY OF RENTON, a Washington municipal corporation
Date:
Gregg Zi r n, Pu lic or s Administrator
ziz L FORM:
--A;�r-4�-Be rb erre ni car--l�ssisfa nz�itT�ltter�er—
Lawrence J. Warren, City of Renton Attorney
LICENSE FOR TEMPORARY ACCESS-Page 5
...-
INDIVIDUAL FORM OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON)
SS.
♦♦�����N'MIC�/t* COUNTY OF KING )
♦ I
4mi'��i On this day of 20/4 , before me
JUNE
*�= 10 0*= personally appeared FRANK FALANIKO and ROSE FALANIKO, who
2015 acknowledged that they signed the foregoing instrument as their
free
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70 -.0F...••'•v�G ` mentioned voluntary d
and each on oath fated that heeed for the sand she were
and s therein
�q�RY�PV����♦♦ authorized to execute said instrument.
N tart' Pu d for the State of Washington
Notary name (Print): IIVIVA
&661(f
My appointment expires:%owe
Dated:
LICENSE FOR TEMPORARY ACCESS-Page 6
CORPORATE FORM OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON)
) SS
COUNTY OF KING )
On this I C.ot I,\day of 3'u r,.-e— , 20 19 , before me
personally appeared
r to me
� known be 1(Zrlw�� 1 ���rc��o�' of the
0 q*'%
PTA A4 �� corporation that executed the within instrument, and
Racknowledge the said instrument to be the free and voluntary
$ct and deed of said corporation, for the uses and purposes
19-18,�,' �_therein mentioned, and each on oath stated that he/she was
authorized to execute said instrument and that the seal affixed
is the corporate seal of said corporation.
Ow
Notary Public in and for the State of Washington
Notary name (Print): AV Jll y— �7)d.0 e__c
My appointment expires: 3
Dated: la 1 l le / Q O14
LICENSE FOR TEMPORARY ACCESS-Page 7
EXHIBIT A
Parcel No. 3345100070
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3345100123
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Notes Legend
Temporary Construction Easement(TCE)#1 Jurisdiction Boundaries
Other
City of Renton
Parcels
[J License for Temporary Access-area for access between NE 33rd St and NE 31st St during
1:2,400 road closures on NE 31st St at the NE 31st St Culvert.
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