20071214001222 Return to:
City of Federal Way
Attn: Public Works Department
33325 8 Avenue South
P. O. Box 9718
11 111 II 11 II 11 11
Federal Way, WA 98063 -9718
20071214001222
PACIFIC NW TIT AG 43.00
PAGE001 OF 004
KING
COUNTY,
OF ENTRY AGREEMENT
#200028
THIS AGREEMENT, dated effective/rtY 9, 2007, is made by and betweena U.S.A.
Inc., a Pennsylvania corporation ( "Grantor") and City of Federal Way, a Washington municipal
corporation ( "Grantee "). AuLtir
RECITALS
WHEREAS, Grantor owns the property located in the City of Federal Way, County of King, State
of Washington, more particularly described in Exhibit "A" attached hereto and hereby incorporated by
reference (the "Property");
WHEREAS, Grantee desires to construct improvements to South 348 Street HOV lanes (9t
Avenue South to SR 99) ( "Adjacent Property") as depicted on Exhibit A -1 attached hereto and
incorporated herein by reference, and requires entry onto a portion of the Property in which to locate the
improvements (the "Improvements ");
WHEREAS, in order to complete the Improvements, Grantee has requested that Grantor grant
Grantee temporary rights for access on the Property and Grantor has agreed to same;
NOW, THEREFORE, the parties agree as follows:
AGREEMENT:
1. Grantor hereby gives Grantee, his agents, contractors and employees the right to enter
upon and use the Property commencing on issuance of the NOTICE TO PROCEED and ending upon the
completion of the project (the "Term "), but in any event Grantee's rights shall expire no later than 60
days after entry has commenced.
2. Each party to this Agreement shall indemnify, defend, and hold the other party, its
elected officials, officers, directors, managers, members, shareholders, partners employees, agents,
representatives and volunteers harmless from any and all claims, demands, losses, actions and liabilities
of any kind (including costs and all attorney fees), and whether for personal injury, damage to property
•
•
(including the property of the indemnified party) or other, arising from, resulting from, or connected with
this Agreement, including, but not limited to, from the indemnifying party's use and enjoyment of the
Property described on Exhibit "A ", including, without limitation, use by the indemnifying party's agents,
employees, contractors, and representatives, except to the extent caused by the negligent or willful act or
omission of the other party, its agents, licensees, or representatives.
3. Grantee agrees to comply with all applicable state and federal labor laws.
4. Grantee shall not dispose of any kind of waste upon the Property. Grantee shall not cause
any liens of any kind whatsoever, including but not limited to workmen's or materialmen's liens, to be
placed upon the Property and agrees to indemnify and hold the Indemnitees harmless against any such
liens, including but not limited to the payment of attorney's fees.
5. Grantee agrees that its work at the Adjacent Property shall not unreasonably interfere
with Grantor's day - to-day business activities.
6. Written notice to Grantor shall be addressed to Grantor at 6001 Bollinger Canyon Road,
San Ramon, CA 94583, Attn. Property Manager, T/1068.
Written notice to Grantee shall be addressed to Grantee at 33325 8 Avenue South,
Federal Way, WA 98063 -9718, Attn. Cary M. Roe, P.E., Public Works Director.
Written notices shall be delivered personally or deposited in the United States mail or
sent by overnight mail, property addressed as aforesaid, postage fully prepaid.
7. If any party hereto obtains a judgment against any other party by reason of breach of this
Agreement, costs of litigation and reasonable attorney's fees as fixed by the court shall be included in
such judgment.
8. Upon expiration of Grantee's rights, Grantee agrees to remove at its sole cost and
expense, all property placed on the Property by Grantee or its agents, contractors or employees.
9. Before signing this Agreement, each of the parties has had the opportunity to receive full
legal advice from their respective legal counsel, and each signatory hereto certifies that he or she has read
all of this Agreement and understands it. This Agreement has been fully negotiated between Grantee and
Grantor and shall be constructed as if drafted by all parties to it.
10. Nothing contained herein shall be construed as granting title to the Property to Grantee,
or as vesting in Grantee any right of entry after termination of the Agreement.
11. This Agreement contains all agreements between Grantor and Grantee mentioned herein.
No prior agreement or understanding pertaining to any such matter shall be effective. This Agreement
may be modified in writing only, signed by the parties in interest at the time of the modifications. Except
as otherwise stated in this Agreement, Grantee hereby acknowledges that neither Grantor nor its
employees or agents have made any oral or written warranties or representation to Grantee relative to the
condition or use by Grantee of the Property.
12. This Agreement may be executed in one or more counterparts and facsimile copies, each
of which shall, for all purposes, be deemed an original and all such counterparts and facsimile copies,
taken together, shall constitute one and the same instrument.
•
IN WITNESS WHEREOF, Grantor and Grantee have signed this Agreement.
Grantor: Grantee:
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PERSONALLY APPEARED E K p 3b may ) / A a/T , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized
capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
1
SUSAN CHID
Commission • 1733831
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My Commission Expires: Lk ,0 3 � DETAI This area for Official Notarial Seal
Notary Name: S : 54. A. ) /,f /1(
Notary Telephone: sz,/9
Notary Registration Number: / 73 3 S.31
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On , before me,
PERSONALLY APPEARED , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized
capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
My Commission Expires: This area for Official Notarial Seal
Notary Name:
Notary Telephone:
Notary Registration Number:
County of Principal Place of Business:
EXHIBIT A
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING
COUNTY, WASHINGTON, LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE
HIGHWAY NO. 1, AS ESTABLISHED BY DEEDS RECORDED UNDER RECORDING NUMBERS
1791332 AND 4741044, AND LYING NORTHERLY OF THE NORTH MARGIN OF SOUTH 348TH
STREET, AS ESTABLISHED BY DEED RECORDED UNDER RECORDING NUMBER 5358496, AND
LYING SOUTHERLY OF THE NORTH LINE OF THE SOUTH 250.00 FEET OF SAID SUBDIVISION;
EXCEPT THE WEST 45.00 FEET THEREOF. (ALSO KNOWN AS LOT A OF KING COUNTY LOT LINE
ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9001081202).
TOGETHER WITH
THE WEST 45 FEET OF THE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON,
LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AS
ESTABLISHED BY DEEDS RECORDED UNDER RECORDING NUMBERS 1791332 AND 4741044,
AND LYING NORTHERLY OF THE NORTH MARGIN OF SOUTH 348TH STREET, AS ESTABLISHED
BY DEED RECORDED UNDER RECORDING NUMBER 5358496, AND LYING SOUTHERLY OF THE
NORTH LINE OF THE SOUTH 250.00 FEET OF SAID SUBDIVISION. (ALSO KNOWN AS LOT B OF
KING COUNTY LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9001081202).