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Home My WebLink AboutContract CAG 18-218 AGREEMENT BETWEEN THE CITY OF RENTON AND SECO DEVELOPMENT, INC. REGARDING NO WAKE BUOY AT SOUTHPORT SITE This Agreement Between the City of Renton and SECO Development, Inc. Regarding No Wake .� s�.- Buoy at Southport Site ("Agreement"), dated S�e��_. 2018 for reference purposes, between the City of Renton, a Washington municipal corporation (the "City"), and SECO Development, Inc., a Washington corporation ("SECO"). Collectively, the City and SECO are the "Parties." The Parties mutually agree as follows: RECITALS A. As a part of its development work adjacent to the real property located within the City's jurisdiction that is commonly referred to as the Southport site, SECO is proposing to place three new "No Wake" buoys in Lake Washington near the City's Gene Coulon Park, as shown on attached Exhibit A. 6. The proposed placement of the easternmost of the three buoys (the "Buoy") would be within the City's leasehold with the Washington State Department of Natural Resources ("DNR") for Gene Coulon Park. The lease has been designated by DNR as City of Renton Aquatic Lands Lease Authorization Number 22-086143 (the "DNR Lease"). C. It is the Parties' mutual understanding that DNR does not object to the placement of the Buoy within the leasehold of the DNR Lease if the City consents in writing to the placement of the Buoy and to its management and maintenance by SECO. D. SECO and the City desire to enter into this Agreement to set forth the terms by which SECO may place, manage, and maintain the Buoy within the leasehold of the DNR Lease. AGREEMENT 1. The recitals set forth above are incorporated by reference into this Agreement. 2. The City consents to SECO's placement of the Buoy within the leasehold of the DNR Lease, subject to the following: a. The City's consent is expressly contingent on DNR's non-objection to the placement of the Buoy. If DNR objects, formally or informally, at any time to such placement of the Buoy, the City's consent is automatically revoked; and b. The City's consent shall not endure beyond the term of the DNR Lease; and c. The Buoy shall be placed in the location depicted in Exhibit A, which is attached hereto and incorporated by reference; and d. SECO shall appropriately manage, maintain, repair, and/or replace the Buoy. Upon the City's provision of writfen notice to SECO of the need for management, maintenance, repair, and/or replacement of the Buoy, SECO shall have ten (10) days to perform the work and confirm to the City that it has performed the work. If SECO fails to timely respond fails to perform and confirm within ten (10) days Agreement Regarding No Wake Buoy at Southport Site Page 2 of such notice (unless an emergency requires action in fewer than 10 days, or unless SECO convinces the City that more than 10 days is required to perform the work), the City may perform the needed work and, upon presentation of an invoice to SECO, recover from SECO all costs of such work including, but not limited to, the cost of labor, material and equipment; and e. SECO shall ensure that the Buoy does not compromise or threaten to compromise public safety; and f. SECO shall indemnify, defend, and hold harmless the City, including its elected officials, employees, officers, representatives, and volunteers,from and against all liabilities and claims of any kind whatsoever(collectively, "Claims"), and expenses, costs of litigation, and reasonable attorneys' fees related thereto, to the extent such Claims arise out of or are in any way related to this Agreement. In the event that SECO is successful in proving that the foregoing indemnity is limited by RCW 4.24.115, SECO shall indemnify, defend, and hold harmless the City to the full extent allowed by RCW 4.24.115. Nothing in this paragraph is intended to require SECO to indemnify, defend, or hold harmless the City from or against any Claims to the extent they arise out of the sole negligence of the City. 3. tf any element of the City's consent, as set forth in Section 2 above, is not met, SECO shall immediately remove the Buoy upon notice by the City of the termination of the City's consent. 4. Within five (5) business days of the date last signed below, the City shall send a letter to DNR advising that the City consents to the placement of the Buoy within the leasehold of the DNR Lease. 5. Any notice required under this Agreement shall be in writing, addressed to the appropriate party at the address which appears below, and given personally, by registered or certified mail, return receipt requested, or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON SECO Cailin Hunsaker Rocale Timmons Parks and Trails Director Sr.VP of Planning and Development 1055 South Grady Way 1133 Lake Washington Blvd. N, Ste. 90 Renton, WA 98057 Renton, WA 98056 Phone: (425) 430-6606 Phone: (425) 282-5833 ext. 324 � Agreement Regarding Plo Wake Buoy at 5outhport Site Page 3 chunsaker@rentonwa.gov rtimmons@secodev.com 6. If a dispute arises regarding any term of this Agreement, the Parties agree to attempt to resolve the dispute through good faith negotiation. However, if the Parties are unable to resolve the dispute through good faith negotiation,the Parties shall engage in some mutually acceptable form of alternative dispute resofution ("AQR"), such as mediation or arbitration. The Partie5 agree that a good faith attempt to resolve any dispute through ADit shall be a condition precedent for either Party to initiate or maintain any (itigation regarding this Agreement. 7. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which shall together constitute this one Agreement. IN WITNESS WHEREOF,the Parties have voluntarily and duly executed this Agreement, with the Agreement taking effect on the date last signed below. SEC(7 QEVELOPMENT, INC. CI7Y OF RENTON a Washington corporation a Was ' ton municipal ca oration � ��;��1j��`�— R cale Timmons Qenis Law Sr. VP of Planning and Qevelppment Mayor Date signed:_��,��/�,2v,,�'� Date signed: ( � � Attest: j� � r ' �O n � Jason Seth City CI rk Approved as to legal form: �„�l..�se �`� ,��,�„��u,, Shane Moloney ``,.�,�pF,;,�,E��,Q,,''�,,-. City Attorney , ,� ;�'�,�' ''�fi' ; - .� � : = � ��A� _ * �' y%�'' � �^�o`= . '��i��(��uu��tiN"��`.�rO,,:� ��i��RA;EO`S��` WATER SURFACE ROPE LEGEND BUOY EXISTING CONTOURS(APPROX.) O NO WAKE BUOVS(3) � �� O�! SHALLOW WATER BUOYS(2) �.'-��i R MID-LINE FLOAT ��I i � '� RED/GREEN CHANNEL MARKER BUOYS ` \ 1\ � 1 ` �� i�' C RED/GREENLIGHTBEACON \ , �\\\� \ i�� \ ��\�\\��\If �I 1�I � �� I��\ .., . 1 I I 1 � ��11�i��il��ji�j'� �� ,'�, , THIS PROPOSED HELIXANCHOR I i i � �"��`�i��+' iii�"li'�I' SYSTEM � � � ,' �"�'��';,��"'� '�'�'�J � BUOY IS IN THE � � , , �"�'��;,�� ,,��, > � � � � �;,`';��;;�%:r�'32� ,� � CITY OF RENTON — i i i � E„'��r%;=� ,i � � � � , �,�,;,,,;,� ,_�-�,�% ; ', AQUATIC LEASE ,',� ,�-;,,,;,,,�,��,��,';:;- � ` AR EA. l/ r/ \ � BUOY ANCHOR SYSTEM (TYP.) '� '��`�'%"�'%%��''%' ' �� - �,,;,';;�;�;%�%�„� , , -�,, � -= y„-. 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F� ; �� ; '� ___� , ,�� SCALE: 1"=100' � �1�� ,'!�'�i `� ''� i `�; , GENE , � � \� � i � � �� COULON � � �� ,� j : ,�� PARK r � � � � � � `iy�` � REFERENCE#:NWS-2016-552 � ��i � �� ` �� — �.rfr'�� . --:. � �� -�-� III (III � ��"� �� APPLICANT:SECO DEVELOPMENT � I � ; . � PROPOSED PROJECT:SHORELINE RESTORATION ' � SHEET: 5 OF: 5 NEAR/AT:RENTON � . �. ''•� ' . . .. . • , . . DATE:05-14-2018