HomeMy WebLinkAboutContract CAG-19-341
MEMORANDUM OF UNDERSTANDING
Document Title: Memorandum of Understanding
Tenant: The Sherwin-Williams Company
Owner: ML Fletcher Trust Dated September 25, 2007
City: City of Renton
Abbreviated Legal Description: Ptn Lots 1-2, Block 13, Town of Renton, Vol. 1, P
135, King County.
Assessor's Tax Parcel Number. 723150-1135
Project: Wells Avenue South and Williams Avenue.South Conversion
,Project Parcel Number' 29 nI
THIS MEMORANDUM OF UNDERSTANDING dated this pi day of l` e..atle/
20 t' is entered into by and between THE CITY OF RENTON,a Washington municipal
corporation, hereinafter referred 'to as the "City" and, THE SHERWIN-WILLIAMS
COMPANY, an Ohio corporation, hereinafter referred to as the"Tenant'.
WHEREAS,the City of Renton is undertaking the Williams Ave South and Wells Ave South
Conversion Project (the Project); and
WHEREAS, the Tenant leases property from ML Fletcher Trust Dated September 25,
2007("Owner") located at 206 Wells Ave South in Renton, WA, King County Tax Parcel
No.723150-1135; and
WHEREAS, The City requires a Temporary Construction Easement ("TCE") over across
and upon the abovementioned property depicted in Exhibit A attached hereto and made
a part hereof by this reference ("Easement Area"), for public use in the construction and
operation of the above entitled Project; and
WHEREAS, the City made an offer to the Owner on October 9, 2019 for the required TCE
under the threat to acquire the rights under the Eminent Domain Statutes of the State of
Washington; and
WHEREAS, the City and the Owner have reached an agreement for the conveyance of
the TCE needed to construct the Project; and
WHEREAS, the purpose of this Memo of Understanding is to set forth the terms between
the Tenant and the City pursuant to the execution of the TCE.
NOW THEREFORE in consideration of the mutual promises and covenants set forth
herein and the recitals set forth above, the parties hereby agree as follows:
Page 1 of 5
1. The City and Tenant agree to the City and/or its Contractors exclusively occupying the
Easement Area in said TCE for seven (7)consecutive days during the 18-month TCE
Term for the purpose of Project construction in the public right of way and driveway
reconnection work in the Easement Area.
2. Tenant gives consent to Owner entering into said Temporary Construction Easement
with the City during the exclusive period described in paragraph 1.
3. The City agrees to provide exclusive parking for Tenant's customers at the three (3)
street parking stalls located in front of Tenant's store at 206 Wells Ave South in Renton,
WA in order to mitigate any parking disruptions during the City's exclusive seven-day
occupancy of the Easement Area described in paragraph 1.
4. City will provide signage designating the abovementioned three street parking stalls are
reserved for Tenant's customers only during the City's exclusive seven-day occupancy
of the Easement Area described in paragraph 1.
5. City and/or its Contractors will engage in a Community Outreach Program to
communicate with Tenant and Owner regarding Project issues, construction,
coordination, updates and notices.
6. There will be no construction staging in the Easement Area by the City or its contractors
at any time during the 18-month Term of the TCE.
7. There will be no restrictions to Tenant's ordinary, historical use of, nor barriers to
Tenant's ordinary, historical access to, the Temporary Construction Easement area
outside of the exclusive seven-day occupancy of the.Easement Area described in
paragraph 1.
8. There will be no overnight storage of construction items in the Easement Area by the
City or its contractors at any time during the 18-month Term of the TCE outside of the
exclusive seven-day occupancy of the Easement Area described in paragraph 1.
9. City shall provide fourteen (14) days written notice to the Tenant prior to
commencement of its exclusive use of the Easement Area.
10. The Parties acknowledge that no other person or entity, nor any agent or attorney
of any person or entity, has made any promise, representation or warranty whatsoever,
express or implied, not contained in this Agreement concerning the subject matter
hereof, to induce the Parties to execute this Agreement. The Parties further
acknowledge that they have not executed this Agreement in reliance on any such
promise, representation, or warranty not contained herein.
11.This Agreement shall be construed and enforced in accordance with the laws of the
State of Washington.This Agreement shall be binding upon the parties hereto and their
respective heirs,executors, personal representatives, successors and assigns, as well
as all persons now or hereafter holding or having any or part of the interest of a party
to this Agreement.
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12.This Agreement is not effective until and unless signed and accepted by the City of
Renton.
13.This Agreement may only be amended or modified by a writing executed by the City
and said Tenant.
The Sherwin-Williams Company
By:
Printe a e: �k
Title: rteraf
Date:
City of Renton
By: Bit.. -
fYYllt�UJ1'YI�
Print name: 6- if It3r,Anm 4,3
Its:Pu Bt c Wn cs
Date: 1171.-77
Page 3 of 5
STATE OF OHIO )
ss.
County o )
On this A. -day of • DU�De/ 20j1, before me personally appeared
irDheN .li Stifil to me known to be the J� ,t./.('�;y j of
The (Sherwin-Williams Company; that executed the fore oing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said company,
for the uses and purposes therein mentioned, and on oath stated that (he/she) is
authorized to execute said instruments
WITNESS my hand and official seal hereto affixed the day and year first above written.
'',.�P. n,,.....
��e i N •/_.;.f'= CHRISTINE MELVIN • �� a `� ' ' "`�"
? `.. , 3 NOTARY PUBLIC
i•r. •• i STATE OF OHIO t• k-YI�Tl•1"-'1 Mt IVi ✓n
• ,;,._ .;^ : Recorded in (Print name)
1F' 41F I.;; • ;.+ Cuyahoga County Notary public i and for the State of Ohio,
,• •• My Comm.Exp. 10/8/2023 residing at, a Vy!1 h V 't [N n'fl
,f`•',r' "''����, My appointment expires: to. G 2-;
Page 4 of 5
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h „. TEMPORARY CONSTRUCTION EASEMENT
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DATE: MAY 21, 2019 - FILE 29.DWG '
calaoesign EXHIBIT A
InterdisciMI MIAs 190""" PARCEL 723150-1135
She TiccrgRA66012
VIA441:1 131)P50720 TEMPORARY CONSTRUCTION EASEMENT
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