Loading...
HomeMy WebLinkAboutR-2466 - Declaring certain real property surplus, conveying the property, and authorizing the Mayor to execute agreementsCITY OF MARYSVILLE Marysville, Washington RESOLUTION NO. J_ i ,. ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DECLARING CERTAIN REAL PROPERTY SURPLUS, CONVEYING THE PROPERTY, AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS. WHEREAS, the City owns property at 1328 8th Street, Marysville , Washington; and WHEREAS, the City acquired the property as part of the Civic Campus project and intends to redevelop the property; and WHEREAS, there is an existing house on the property which is surplus to the City's needs, has no resale value, and is scheduled to be demolished; and WHEREAS, a local company, Nickel Bros , has offered to remove the house from the property at no cost to the City; and WHEREAS, moving and reselling houses is part of Nickels Bros's normal business ; and WHEREAS, the City will incur significant expense to demolish and dispose of the house; and WHEREAS , saving these expenses and reusing the house promotes the public welfare ; and WHEREAS, the City should convey the house to Nickel Bros and authorize them to remove the house from the property. NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE that the house located on the property at 1328 81h Street in Marysville is not needed for any City purpose and is declared surplus to the City 's needs. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE the house should be conveyed to Nickel Bros and Nickel Bros authorized to move it from the site . BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE that the Mayor is authorized to execute all necessary agreements to convey the house to Nickel Bros and to properly authorize them to move the house . The agreement will be in substantially the form of Exhibit A and the Mayor is further authorized to sign any additional agreements necessary for the conveyance of the house provided they are in a form approved by the city attorney. ADOPTED by the City Council at an open public meeting this l st day of April, 2019. C ITY OF MARYSVILLE Attest : By Q';Z, ~CITY CLERK Approved as to form: 2 EXHIBIT A CONVEYANCE OF REAL PROPERTY, RIGHT OF ENTRY AND HOLD HARMLESS AGREEMENT BY AND BETWEEN THE CITY OF MARYSVILLE AND NICKEL BROS THIS CONVEYANCE OF REAL PROPERTY, RIGHT OF ENTRY, AND HOLD HARMLESS AGREEMENT, hereinafter also referred to as the "Agreement," is entered into effective on this __ day of April, 2019, by and between the City of Marysville, hereinafter referred to as the "City," and Nickel Bros, in connection with the real property described herein, hereinafter referred to as the "Property," for the purposes and on the terms and conditions set forth herein. WHEREAS, City owns property located at 1328 8th Street, Marysville, WA 98270 (Tax Parcel Number: 00518500100100 (the "Property"), and WHEREAS, by resolution the City Council declared this Property surplus; and WHEREAS, Nickel Bros engages in the business of moving buildings and wishes to move the existing house from the Property for resale; and WHEREAS, this is scheduled to occur on or about __ _j_/_l 0 /i_'!:j__ __ . 2019, and is generally described in Exhibit A. NOW THEREFORE, for good and sufficient consideration and the mutual promises and covenants contained in this Agreement, the Nickel Bros and the City agree as follows: I. Conveyance of Property. The house located on 1328 3th Street, Marysville, Washington is conveyed and quit claimed to Nickel Bros in consideration of Nickel Bros removing the house from the Property and the other mutual promises in this agreement. The house is conveyed in an ·'as is" condition and Nickel Bros acknowledges that it had an opportunity to inspect the house before entering this agreement. 2. Right of Entry. The City gives Nickel Bros and employees and contractors, a right to enter the Property. This right of entry shall be for the uses and purposes described in the recitals to this Agreement and Exhibit A. Nickel Bros shall coordinate with CAO Gloria Hirashima or her designee prior to and during the performance of work described in this Agreement. 3. Site Cleanup, Disposal and Moving Permit. The City agrees to dispose of any materials and debris remaining at the site after the house is moved. The City agrees to facilitate the moving permit and cover staff costs associated with the permit. 3 4. Hold Harmless and Indemnification. Nickel Bros hereby agrees to protect, defend, indemnify and hold harmless the City of Marysville and its elected and appointed officials, agents, and employees from and against any and all damages, losses, penalties, settlements, costs, charges, attorney fees, or other expenses or liabilities of any kind, whether direct or indirect, in connection with, or as a result of, the Nickel Bros's removal of the house and use of the Property for the purposes described in this Agreement, except for injuries and damages caused by the sole negligence of the City. 5. Insurance. a. Insurance Term. Nickel Bros shall procure and maintain insurance, as required in this Section, without interruption from commencement of their work to completion and until the Property is returned to the condition it was at the commencement of the work. b. No Limitation. Nickel Bros maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of Nickel Bros to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. c. Minimum Scope of fnsurance. Nickel Bros required insurance shall be of the types and coverage as stated below: i. Automobile Liabilitv insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 0 I. 11. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO fonn CG 25 03 05 09 or an equivalent endorsement. 111. The City shall be named as an additional insured under Nickel Bros's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 l 0 10 0 l and Additional Insured-Completed Operations endorsement CG 20 3 7 I 0 0 I or substitute endorsements providing at least as broad coverage. 1v. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. d. Minimum Amounts of Insurance. Nickel Bros shall maintain the following insurance limits: 4 L Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. u. Commercial General Liability insurance shall be written with limits no less than $I ,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. e. Contractor's Insurance for Other Losses. Nickel Bros shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by Nickel Bros, or Nickel Bros's agents, suppliers, contractors, or subcontractors as well as to any temporary structures, scaffolding, and protective fences. f. Waiver of Subrogation. Nickel Bros and the City waive all rights against each other, any of their subcontractors, sub-subcontractors, agents, and employees, each of the other, for damages caused by fire or other perils to the extent covered by other property insurance obtained pursuant to this Section or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. g. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. h. Verification oC Coverage. Nickel Bros shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the Automobile Liability and Commercial General Liability insurance of Nickel Bros before commencement of the work. Upon request by the City, Nickel Bros shall furnish certified, copies of all required insurance policies, including endorsements, required in this Contract and evidence of all subcontractors· coverage. 1. Subcontractors. Nickel Bros shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Nickel Bros-provided insurance as set forth herein, except Nickel Bros shall have sole responsibility for determining the limits of coverage required to he obtained by subcontractors. 6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors of each party hereto. 7. Modification. This Agreement shall not be modified or amended except in writing signed by the City and Nickel Bros or their respective successors in interest. 8. No Presumption Against Drafter. Both parties to this Agreement have had the opportunity for this Agreement to be reviewed and revised by legal counsel, and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. 9. Non-Waiver. A waiver by either party of a breach by the other party of any covenant or condition of this Contract shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay, or failure of either party to insist upon strict 5 performance of any agreement, covenant, or condition of this Contract, or to exercise any right herein given in any one or more instances , shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition , or right. I 0 . Survival. Any provision of this Contract which imposes an obligation after termination or expiration of this Contract shall survive the term or expiration of this Contract and shall be binding on the parties to this Contract. 11 . Third Parties. The City and Contractor are the only parties to this Contract and are the only parties entitled to enforce its tenns. Nothing in this Contract gives, is intended to give , or shall be construed to give or provide, any right or benefit, whether directly or indirectly or otherwise, to third persons. 12. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Washington . 13 . Venue. The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Snohomish County, Washington. 14. Authority to Bind Parties and Enter into Contract. The undersigned represent that they have full authority to enter into this Contract and to bind the parties for and on behalf of the legal entities set forth herein. 15. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original , but all of which shall constitute one and the same Contract. IN WITNESS WHEREOF , the unde rsigned have set their hands the day and date set out next to their signatures. ____}j~ IC\ Date NICKEL BROS B~~- [Nickel Bros] \::~.J~ ~~\~ CITY OF MARYSVILLE By: a 1o?f1fRrNG , M 6