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Home My WebLink AboutAG 23-078 - PARRIS ROSELLA FAMILY TRUSTRETURN TO: PW ADMIN EXT: 2700 ID #: 4232 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Deputy Director 2. ORIGINATING STAFF PERSON: Desiree Winkler 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) EXT: 3. DATE REQ. BY: 4/20/23 ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG m REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#):. ❑ INTERLOCAL. ❑ OTHER 4. PROJECT NAME: Joint Use Operations and Maintenance Agreement -Parcel 0921049115 5. NAME OF CONTRACTOR: Parris Rosella Family Trust ADDRESS: E-MAIL: SIGNATURE NAME: TELEPHONE: FAX: 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. /_/_ 7. TERM: COMMENCEMENT DATE: COMPLETION DA:ru: Upon Completion of Work H. TOTAL COMPENSATION: $ 0 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES,.$_ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: 6 RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED ❑ PROJECT MANAGER ❑ DIVISION MANAGER ❑ DEPUTY DIRECTOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT 3/10123 via email 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: 11. CONTRACT SIGNATURE ROUTING INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC, D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED YA AG# DATE SENT: COMMENTS: EXECUTE " 1 " ORIGINALS The template agreement was reviewed between Desiree and Kent Van Alstyne, and then each individual agreement was reviewed by Taryn Weatherford after the owner info was added in. ❑ FINANCE DEPARTMENT 8 LAW DEPT 8 SIGNATORY (MAYOR OR DIRECTOR) 8 CITY CLERK 8 ASSIGNED AG # ❑ SIGNED COPY RETURNED 1/2020 RIGHT OF ENTRY AGREEMENT This Right of Entry Agreement ("Agreement") is dated effective this day of, , 20 ("Effective Date"). The parties ("Parties") to this Agreement are Parris Rosella Family Trust ("Grantor"), and the City of Federal Way, a Washington municipal corporation ("City"). RECITALS A. WHEREAS, the Grantor is the fee title owner of real property located at 31000 28th Ave S, Federal Way, King County, Washington 98003, parcel 0921049115 ("Property"); and B. WHEREAS, the City desires to obtain the Grantor's permission to enter the Property, on a temporary basis, to conduct topographic survey and soil studies for its Joint Operation and Maintenance Facility ("Work"); and C. WHEREAS, the Parties wish to enter into this Agreement whereby the Grantor will allow the City to enter the Property, on a temporary basis, for the purpose of performing the Work; NOW, THEREFORE, the Parties do hereby agree as follows: AGREEMENT l . Right of Entry. The Grantor hereby grants the City and its agents, employees, and contractors, together with all associated equipment, the temporary right to enter onto a the Property, for the purpose of performing the Work, and for no other purpose. 2. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until the completion of the Work, but in any event no later than May 1, 2024 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Grantor and the City. 3. Indemnification. The City agrees to indemnify, defend and hold the Grantor harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 4. Compliance with laws. The City shall, in all activities undertaken pursuant to this Agreement, comply and cause its contractors, agents and employees to comply with all federal, state and local laws, statutes, orders, ordinances, rules, regulations, plans, policies and decrees. 1 3/2020 5. Liens. The City shall not permit to be placed against the Property, or any part thereof, any design professionals', mechanics', materialmen's, contractors', or subcontractors' liens with regard to the City's actions upon the Property. The City agrees to hold the Grantor harmless for any loss or expense including reasonable attorneys' fees and costs, arising from any such liens which might be filed against the Property. 6. Not Real Property Interest. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property, to the City. This Agreement is not exclusive and the Grantor specifically reserves the right to grant other rights of entry to the Property. 7. Repairs and Restoration. Following the completion of the Work, the City shall, to the extent reasonably practicable, restore any damage to the Property caused by the Work to a condition similar to its condition prior to such Work. 8. Attorneys' Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 9. Continuing Liability. No termination of this Agreement shall release the City from any liability or obligation hereunder resulting from any acts, omissions or events happening prior the termination of this Agreement. 10. Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 11. Modification. No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 12. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 13. Time is of the Essence, Entire Agreement. Time is of the essence of the terms and provisions of this Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the matters contained herein, and no alteration, amendment or any part thereof shall be affective unless in writing signed by both parties sought to be charged or bound thereby. 14. Full Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 2 3/2020 15. Assignment. Neither the Grantor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 16. Authority. Each individual executing this Agreement on behalf of the Grantor and City represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Grantor or the City. 17. Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the Grantor at law, in equity or by statute. 18. Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first written above. CITY OF FEDERAL WAY: By: EJ Walsh, P.E., Public Works Director 33325 8th Avenue South Federal Way, WA 98003-6325 ATTEST: S phanie Courtney, CMC, t Clerk APPROVED AS TO FORM: Ryan Call, City Att y 3 3/2020 PARRIS ROSELLA FAM ILY TRUST: By:— C,�.0 �• (Signature) dos Pe Is (Name) 31000 28th Ave S Federal Way, WA 98003 25 --A- q 7C? L /Z2- (Phone) Z 5 3 6 S 3 g 3 S d STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeared before me, v6e f la �,�r-rn�S , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this Z.& ' day of M arCA4, 20_3 Il -z.�'�4 2 # `s Notary's signature Notary's printed name—��,,1.�t�-r.�3 ar �''; = Notary Public in and for the State of Washington. '°USLIC My commission expires: l IN t' Zy bet LA Please provide CONTACT INFORMATION to inform of upcoming survey and soils work: Name: kg/yd y 1041,2 iS Email: rQN V IC4 YG 4 00 , cp Phone: Z S3 653 0/3-5-0 4 3/2020