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HomeMy WebLinkAboutHH 6210511 VOL 4 PAGE 600 ,6 210511. HOLD HARMLESS AGREEMENT AND RELEASE THIS AGREEMENT executed and entered into this ,27-7 .--) day of April , 1967, by and between the CITY OF RENTON, a Municipal Corporation, hereinafter referred to as "CITY" and JOHN P. KING © and CATHERINE M. KING, his wife, hereinafter referred to as ,Q "CONTRACTOR"; WITNESSETH : WHEREAS City heretofore issued unto Contractor certain building permits dated April 12, 1966 and April 19, 1966 and num- bered 11038 and 11066 based on certain plans and specifications then submitted to City by Contractor for the construction of a certain 28-unit apartment house building located at and near Sunset Boulevard East and 10th Avenue North in the City of Renton, King County, Washington, and WHEREAS subsequent thereto Contractor commenced to con- struct said building but deviated from the plans and specifications ' as previously submitted to the City; and WHEREAS Contractor has retained the services of various structural engineers and other experts regarding the structural stability and general soundness of said building; and WHEREAS it is generally conceded and stipulated by all the parties hereto that said building, as now constructed and based on the "as built " plans and specifications recently submitted to the City, does not comply with or adhere to the City of Renton Building Code and other applicable codes and regulations of the City pertaining to such construction ; and WHEREAS, at Contractor 's specific request, City is willing to issue to Contractor a qualified certificate of occupancy, subject to the limitations and provisions hereinafter contained, NOW THERE- FORE, it is hereby agreed by and between the parties as follows : - 1 - A /`1 VOL 496a,, PAGE 6UI 1 . City hereby agrees to issue unto Contractor a qualified or limited certificate of occupancy to that certain 28-unit apartment house building located at Sunset Boulevard East and 10th Avenue North, Renton, King County, Washington and situated on portions of the following described property, to-wit : Tract 5 Weeds View Tract, as per plat recorded, all situate in King County, Washington. UI CD and it being strictly understood and agreed that by issuance of •1J such qualified certificate, City does not assume any responsibility for the soundness or structural safety of said building and same is expressly disclaimed by City; in issuing such qualified certi - ficate City relies on the representations and warranties made and issued by Contractor 's structural engineers and other experts in- cluding, but not limited to, the following statements and corres- pondence, to-wit : 1 . Letter by Chalmers 0. Ekness dated February 24, 1967 --2. Letter by Chalmers 0. Ekness dated January 23, 1967--3 . Letter dated November 2, 1966 by John P. King, G. L. Mattson and George Anderson, Structural Engineer--4. Letter by George M. Anderson dated October 6, 1966--5 . Letter by George M. Anderson dated September 12, 1966--6. Letter by Glenn L. Mattson dated September 8, 1966--7. Let- ter by George M. Anderson dated September 6, 1966--8 . Letter by George M. Anderson dated August 1 , 1966--9 . Letter by George M. Anderson dated October 12, 1966-- 10. Letter by Glenn L. Mattson dated October 12, 1966-- 11 . Letters by Chalmers 0. Ekness dated March 20, 1967, and April 17, 1967. ‘'m' 'J and said representations and1warranties are expressly included and made a part of this Agreement as if fully set forth herein; it being stipulated and agreed that without such representations as herein- above set forth, City would not be willing to issue such a certificate. 2. It is further agreed and stipulated that the issuance of any such certificate shall not be considered or construed to establish a precedent for any other construction or building of -2- • a 4963 mf,E 603 410 undertaken by Contractor, shall extend to and be binding on the heirs , executors , administrators , successors and assigns of Con- at any time tractorftvawcpwcicgtug*rvegrfawcv from the date of this Agreement ; and this agreement shall run with the land.elnaketpcaatickbapettic.4 has been/j4...) 5 . It is further agreed that City sksid xks named and added as an additional insured upon Contractor 's comprehensive, general bodily injury and property damage liability insurance, and has been cthat a certificate of insurance and a proper endorsement sks1c1XI5t ,43 furnished City46rs94veiM‹ Contractor agrees to maintain and keep in full force and effect liability and property damage insurance not less than $300, 000-$500, 000 comprehensive genera with 1imits/s �a�Cxtctixtck�SSF§xsttcx �sstckx614xtckexa��cs�ci�cmasax�tixica��oca generale f bodily injury, *CuxDaskskx8U3t, and that City shall remain as an additional insured kkomilaRX2Ommammxtudmafxtemmvmems from the dat§ of this Agreement. 6. In further and additional consideration for City issuing such qualified certificate of occupancy, Contractor does hereby for himself, for his successors and assigns, release absolutely and forever discharge City of and from all claims and demands , actions and causes of actions of every sort and nature, directly or indirectly, arising out of the issuance of permits and certificates to be issued by City and relating to the construction of subject building and other improvements on the aforedescribed premises and said release in favor of City shall be final and binding in every respect . IN WITNESS WHEREOF the parties hereto have set their hands this -12 day of April , 1967. CONTRACTOR CITY OF RENTON ! By �-- �: �. .hn P. King (lJ` � w' :". /1/4 n J4" • BY / j r ( ' STATE OF WASHINGTON ) ' ss • . • County of King f,_.... '''), . On this c27 day of April , 1967, before me, the under- signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared JOHN P. KING and -4- • VOL 4963 PAGE M05 • • • • MA 2-2672 CHALMERS O . EKNESS CONSULTING ENGINEER--CIVIL • STRUCTURAL 607 CENTRAL BLDG. SEATTLE, WASH. 98104 January 23, 1967 The Honorable Don Custer Mayor, City of Renton Renton, Washington Re: 28-unit apartment building, Sunset Blvd. , East, near 10th North Dear Mayor Custer: This will certify that I have visually inspected the subject building and have reviewed construction with Mr. Herman Adalist and Hr. John King, Builder. Based on my inspection and representations by Messrs. Adalist and King, I find that the subject building conforms to the minimum structural requirements of the Uniform Building Code with the following exceptions: 1 . post connections on balcony railings must be revised; 2. footings on south wall should be covered to provide adequate frost protection. Voids under footings should be backfilled with low slump concrete. It is recommended that the builder be permitted to resume work on the building in order to correct the afore-mentioned defects and to prevent further damage as a result of continued exposure and the incomplete status of the building. Thank you for your time and attention. Your Fiery truly, C wliners O. Ckness COL/kdk y r ••. •. 5,1 11-.•-: `$' _ ' - ; j,`1 j .�Jv1A 2-2672 CHALMERS O . EKNESS tt V.;- • q CONSULTING ENGINEER—CIVIL • STRUCTURAL ' , ��✓ 607 CENTRAL BLDG. SEATTLE, WASH. 98104 ; t i ti /j; - February 24, 1967 ' • The Honorable Don Custer Mayor, City of Renton Renton, Washington Re: 28-unit apartment building, Sunset Blvd. , East, in near 10th North Dear Mayor Custer: Supplementing my letter of January 23, 1967, I amT. , submitting a marked set of prints for the subject building . indicating the existing structural framing. Items 1 and 2 in the aforementioned letter have been corrected under the supervision of Herman Adalist and Associates. The status of the building was -discussed with Mr. Sven Johnson this morning and it is my understanding 4, that we will continue with our structural evaluation and will submit more detailed information and test data as our evaluation program develops. Very/:truly- yours, ( -ee.----- (il _-- ,....e...,_..--.2_,..„-:, Chalmers 0. Ekness COE/kdk � . sr RS O .-.; of wisii'4>. ' 1 . a:C.'. 1 * I ' § RI- C ._. \� f-'_ ' 'GP .FGi31 kl- .': • n ,;�- VCL 4963 :PAGE 607 A { November 2, 1966 •• Gerald M Shellan City Attorney City of Renton P. Oa Box 626 100 2nd Ave Building Renton, Washington Re : C. K. , Inc. 28 Unit Apartment Building Sunset Blvd. East near 10th Avenue North Dear Sir Your communication of October 4, 1966, addressed to the undersigned builder in regard to the above-captioned apartment building has been carefully examined by said builder, the archi- tect, G. Lo Mattson and the structural engineer, George Anderson° The undersigned respectfully make the following representa- tions, proposals and offers in regard to the 18 paragraphs set forth in your letter: 1. Chane in grade changing to It story configuration (exposing footing ) . The builder agrees to put a bulldozer on the premises, • finish the grade, pour concrete' or black-top where applicable and back-fill over all footings to a depth of 16 inches. 2. Omission of all foundation wall cross sections shown at K, Wo l,i,mimt, that, grade change hau eliminated the need for Section K. ,,eot ion C. has been substituted for :;eO ton K orad vie agree to provide adequate fire proofing in connection therewith. Vci 4963 PAGE 608 •3 Elimination of all 1 x 4 let-in braces. We have installed 1/8 x 2 metal bracing in lieu of 1 x 4 let -in braces as specifications call for and we believe that this construction is completely satisfactory and a safe alternative. 4, Changing from fir" plywood sheaUing to " gypsum. • We suggest this construction is equal to that proposed in the specifications if double nailed and agree so to do wherever double nailing has not already been accomplished. 5. Change nailing from 6" o,c, all edges to staples. We suggest that staples of approximately the same gauge and length as nails are better construction than the latter, • The building is nailed throughout with galvanized nails for marble crete mesh. We believe this is equal construction to that • called for in the plan. 6. Doubling the basement wall after building showed evidence of compression in top plates and some sections of top plates had been removed to create door height. One side of the basement now is an 8" thick frame wall (a corrective change) again not approved prior to the change being made. The undersigned structural engineer, Mr. Anderson, approved this change and substantiated the same with calculations, approved 7b Change from 5/8" plywood floor deck to 3/4" 1 x 12" sheathing asserted to be thrice nailed at each joint. While 1 x 12 sheathing does not develop as much lateral, resistance as 5/8" plywood, we warrant and guarantee that there has boon no deterioration An lateral stability of the building. We respectfully roquot3t that a variance be (.ranted w it . /- • ,vo.49O3 E 51m ., October 1 , 1966 Mr. Sven Johnson Bldg. Dept. Supt. City of Renton, Wash. Dear Sir: Not withstanding any of the comments made in my letter of Sept. 8, 1966 directed to your department, and also made by my Structural Engineer in a letter dated Oct.6, 1966, I do believe and state that there are no problems of safety to any tenants in so far as occupancy of the finished apartment is concerned. I would have definitely preferred that the construction of this building would have proceeded in a different manner with all parties con- cerned, but I still feel, in spite of the often mentioned and questioned changes, that there is no problem of tenant safety. Sincerely, (5?L-7 CC---;71;c1/744 Warren & Mattson GLM:bjm • )41.4-9'61 PAGE 014imp . O• DF REN 3 ON • • GEORGE'M. ANbERSONf L C' TSTRUCTURAL ENGINEER t, S L/ 9216 Burke Ave. N. �\. SEATTLE 3, WASHINGTON OCT&1966 October 6, 1966 Phone LA. 5-9921 Renton Building Department BU LD1NG DEPT. City Hall Renton, Washington 98055. Re: i.8 points raised in letter to city attorney from building director regarding 28 Unit Apartment, Sunset Blvd. East Near 10th Avenue North Gentlemen: 1. Exposed footings need to be covered to prevent erosion, U. B. C. requires footing to extend below frost line. in my opinion 18" minimum is satisfactory. -41 Where footing support has been disturbed/pipe installation the backfill should be replaced and carefully tampedto insure bearing capacity. 2. Grade change has eliminated the need for Section K, Section C has evidently been substituted for Section K. This is alright provided adequate fire proofing is provided. 3.. Changing from 1 x 4 let—in bracing to steel flat bar is alright provided adequate nailing is used in the flat bar. The efficency of either type depends to a great extent on the nailing provided. 4. 1/2t1 gypsum board has a greater insulating value than i/21k plywood, it certainly is not equal to plywood for lateral resist— ance. 5. Staples are not as good as nails unless they are approximately the same gage and length. 6. No comment. 7. 3/411 sheathing does not develop as much lateral resistance as 5/8" plywood unless the sheathing was laid on a 45 degree to framing members. 8. No knowledge of this change. 9. No comment. 10. Fire stops are a necessary part of any wood construction. - .11 VOL 4%3.:F;F;,E 61,3 GEORGE M. ANDERSON STRUCTURAL ENGINEER 9216 Burke Ave. N. SEATTLE 3,WASHINGTON Phone LA. 5-9921 October 12, 1966 Renton Building Department City Hall Renton, Washington 98055. Gentlemen: Not withstanding any of the comments in my letter of October 6, 1966 directed to your department and not withstanding the fact that I might have pr.effered to have proceeded in a different manner in some respects than the builder did , never the less I believe and state that there is no problem of safety to any of the tenants in so far as occupancy of the finished apartment is concerned). Yours truly Georg . Anderson von 4953°QACE�i16 • •J M ' y September 6, 196b Mr. Swen Johnson :' Bldg. Dept . Supt . City of Renton, ',Wash. Dear Sir: I am hereby submitting a letter catering the statements and • stipulations requested by you in behalf of the Renton Bldg. Dept . , pertaining to the apartment building under construction, at 10th and Sunset Blvd . of which C.K.Inc . is Contractor and Owner. First, I wish to state approval of all changes made by Mr. King, or C. K. Inc . , acting unilaterally from original plans that were submitted to the Bldg. Dept . or the city or Renton. Second, I wish to mention, that prior to the changes referred to, Mr. King consulted with Warren and Mattson or our Structural Eng- ineer and that such changes were made with our knowledge and ap- proval, with the following exception. Any structural changes made without our knowledge or approval that have since cone to light have all been substantiated by our Engineer's calculations, all or which have been submitted to the Renton Bldg. Dept . In conclusion I hereby guarantee to inspect the aforementioned job at least once each week starting from the date of this letter to completion and will be responsible for compliance of plans from now on. . Sincerely, (f per., �• i1 arren & at son Glenn L. Mattson GLM:b jm VOL 4963 PAGE 620 . •; n.103 ;Ad03 Ad03,..V. 0 0213X i0d3X ; O83Xf 083 1 MA 2-2672 CHALMERS 0 . EKNESS • • „ CONSULTING ENGINEER—CIVIL• STRUCTURAL .. 607 CENTRAL'BLDG. SEATTLE,WASH. 98104 April 17, 1967 V r E ' I I ` Building Department City of Renton Renton, Washington • Re: 28-unit apartment building at Sunset Boulevard, I; East near Tenth North Gentlemen: Supplementing my letter of March 20, 1967, I am V submitting herewith two partial sets of as-built drawingsfor the subject building. These drawings V show the remedial work recommended by me in accordance with the agreement reached at the meeting of April 7, 1967, and set forth in the memorandum•of the same date from the mayor's office. • This will certify that I have personally inspected and approved the afore-mentioned remed , .wl��€ 1QJJ . rrf°' • Ver ,tru} a W 'ASA, •• YI _ A Chale 0r 'E•kn ':- COE/kdk' 4 Enclosures: 2 ~, `;SFS c,sT:,f. ',` f' J , . ' .. . ' , VOL 49,63'-PACE 621 ado �s. ._ M. y __ xdoa - i �o-�a 3�x^'' • r , p.,, + - , MA 2-2672 • ' � ...", CHALMERS O. EKNESS ,,, i CONSULTING ENGINEER—CIVIL•STRUCTURAL• I: ` 607 CENTRAL'BLDG. SEATTLE, WASH. 98104 , t is; yti: March 20, 1967 - " I City of Renton 4i Department "of Buildings Renton, .Washington , . ,' , Re: 28 - unit apartment building ,, 1' • - Sunset Blvd., East near 10th, North • :,a , ` 'Gentlemen: , 4: • ' This; will certify that I have made a structural analysis and , ! `,1 -- ._ evaluation of the subject building. My investigation is based , `•.:on the As-Built drawings, submitted herewith, personal inspections, M .• and tructural inspections and' tests made by Herman Adalist & Associates. I ` ', The forementioned As-Built drawings, to the best of my knowledge [.,. ,'.' ,: ;N; ;,. represent the present structural configuration of the building. I :. .; ; , It'is my conclusion that the subject building, as constructed and 'k . ., shown on the As-Built drawings will safely resist the vertical.-and : ;lateral loads specified in the Uniform Building Code. ,, Very truly,yours, ;, `, A - Chalmers' 0. Ekness ; • Consulting Engineer f: • - I COE/ccu reow.•"`1 ;ik9j . nr ,. Enc. . , _ Iii� �_fi j ' (( /'•?' 'IT_,,. 0 9� • , • , F. 42"2 ')FolSTOf.° 4, RSA ;`'i • '%,S/ONAL E� d .. v ' r . ad 19.6 i --�im. fite�'for Recor ` i,- .Request•of BERT A. MORRIS, Cou Additor ', ' I: - VOL • 4 ci FA6E W CATHERINE M. KING, his wife, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged to me that they signed and sealed the said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. • Notary Publ is in and for-`t,h<S..Late of Washington, res i d i hotTl at ;e- et l e. _5- .. 'k; September 18, 1972 r UA :Hr. T'ouglas J . i,cyhart 2734 "et . 'ercer Way 1 it "•erccr Island;, T.ashington 98040 Re: 28 Unit P_nartr cnt B1da. Located Sunset Blvd. N.E. , Fenton , F.a;i•irc�ton tid Dear - r. 1.evnart. IF As ='er our n,,cn2 coil this afternoon regarding lihbility insuranc,-! , City of ,,:ntcn .".dditienal Tn sur.er'., we are cr clos i ncY co '" of ( .E .C;. 1122 -G7 and Certificate of In urancc= . e trust t;I .s ,;i11 a n.3 -r r your cuo tior,s so that insurance will run con ti nnov: l_, . If you haw, any further rur,stions , do not 1;:sitE_t to call. V';ry truly yours , CITY OF P ;rinz .3elTM.; -, T-. —31son City Clex?; =AI Enclosures