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HomeMy WebLinkAboutAG 20-050 - Trimark RETURN TO: PW ADMIN EXT: 2700 ID#: M 1 P CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS 2. ORIGINATING STAFF PERSCIN: =o A K ("_l1 /'e _ EXT: Z-7/2- 3. DATE REQ.BY: 3. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMEwDmENT(AG#): ❑ INTERLOCAL OTHER } I rp 4. PROJECT NAME:— - 5. NAME OF CONTRAC'T'OR: 11,1,11"-k 'r'jr ADDRESS: TELEPHONE: E—MAIL: FAX. SIGNATURE NAME: TITLE: 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 DAT[­: lO 8. TOTAL COMPENSATION:$ (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,MAX MMUIVI DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY. ❑CONTRACTOR u CITY RETAINAGE: RETAINAGE AMOUNT- ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT/CONTRACT REVIEW IN 1 DATE RE4 ET]WINITIAL/DATE APPROVED PROJECT MANAGER DIVISION MANAGER /DEPUTY DIRECTOR '-D MECTOR ❑ RISKMANAGEMENT (IFAPPLICABLE) LAW DEPT 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT- DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIORTO 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 ❑ FINANCE DEPARTMENT LAW DEPT '] ,hr SIGNATORY(MAYOR OR DIRECTOR) �c CITY CLERK ❑ ASS IGNED AG# AW C] ❑ SIGNED COPY RETURNED DATE SENT: ❑RETURN ONE ORIGINAL COMMENTS: EXECUTE" "ORIGINALS 4-01w lAw 17777777 1/2018 RIGHT OF ENTRY AGREEMENT This Right of Entry Agreement("Agreement") is dated effective this_day of " 2020 (the "Effective Date"). The parties ("Parties") to this Agreement are TriMark Federal Way Hospitality, LLC ("Grantor"), a Washington limited liability company, 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 31611 Pete Von Reichbauer Way S, tax parcel number 921049291, Federal Way, King County, Washington 98003 ("Property"); and B. WHEREAS, the City desires to obtain the Grantor's permission to enter onto the Property, on a temporary basis, to remove and replace existing concrete panels in order to install a new concrete curb ramp on Pete Von Reichbauer Way S ("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 1. night of Ent y. The Grantor hereby grants the City and its agents, employees and contractors the temporary right to enter onto a portion of the Property, as shown on Exhibit A attached hereto, 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 October 31, 2020 ("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 1 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 1 4/2017 federal, state and local laws, statutes, orders, ordinances, rules, regulations, plans, policies and decrees. 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 YUTeenient. 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. Time is of the essence of the terms and provisions of this Agreement. No alteration, amendment or any part thereof shall be effective 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 4/2017 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: i Ferrell, Mayor 33325 8th Avenue South Federal Way, WA 98003-6325 ATTEST: JKWYL"A�1-- SKhknie Courtney, CMC. C ty Clerk APPROVED AS TO FORM: (�" el�� er J. Ryan Call, Lty Attorney 3 4/2017 GRANTOR: - By: (Signa e) (Name) - �M wri (Wdy� Sv I (Address) (Phone) STATE OF WASHINGTON ) ) ss. COUNTY OF i On this day personally appeared before me to me known to be the V-.C,vka .?- V- of 4\,,— L LC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. Y d� f GIVEN my hand and official seal this day of �°�`C , 202-C? Notary's signature —7�6� — Notary's printed name a,- 4(.1 orifi es Notary Public in and for the State of Washington. My commission expires: MARTIN MORALES Notary Public State of Washington s?� rr# 162604 ( MY ,r; E,: -.res Jan 4, 2023 _� _ .�--ter 4 4/2017 Trimark Federal as to be ess 41■ �'+ s _d E6 d LVLT r L � r 1 5 316th Pl S 31e6th PI " CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA -6325 (253)3)835 835-7000 Centered on Opportunity www.cityoffederalway..com Jim Ferrell, Mayor February 19, 2020 C/O Trimark Federal Way/ La Quinta 420 Ellingson Rd, Ste 200 Pacific, WA 98047 RE: Sidewalk Removal and Replacement on Parcel#9210149291 To whom it may concern: The City of Federal Way is conducting asphalt overlay maintenance including new curb ramps and associated adjustments on Pete Von Reichbauer Way S adjacent to your property at 31611 Pete Von Reichbauer Way S. In order to install the new curb ramps, a few sidewalk panels on your property require adjustment. See the attached map. This adjustment will involve removal and replacement of the panels and will not impact the normal use of the business at this location. A right of entry form is included for your review and approval to allow for the City's contractor to enter onto your property and remove and replace the sidewalk panels. If you have any questions or concerns please contact me at 253-835-2718 or email: john.cole@cityoffederalway.com Sincerely, John Cole Capital Engineer JC:ss Enclosures \\cfwfile1\department\pw\CAPITAL PROJECTS\Programmed\520-Overlay2020\04 ROW\EASEMENTS\ACCESS ESMT\Trimark Federal Way-La Quinta\Letter to Trimark Federal Way-La Quinta.docx AI Jiwani From: John Cole <John.Cole@cityoffederalway.com> R E C E I VE-Z Sent: Monday, March 02, 2020 4:22 PM MAR 0 5 2020 To: 'Al Jiwani' Subject: RE: Right of Entry Agreement CITY OF Hi Al, Please send it to: City of Federal Way c/o John Cole 333258 1h Ave S Federal Way,WA 98003 Thanks for your amazingly quick response! f44 62& Capital Engineer, EIT, MSCE Public Works Cltr or Federal Way 33325 8th Ave S Federal Way,WA 98003 (253) 835-2718 (office) (253) 293-9785 (cell) John.cote@cityoffederalGvay.coiii From: Al Jiwani [mailto:al@trimarkpropertygroup.com] Sent: Monday, March 02, 2020 4:16 PM To: John Cole Subject: Right of Entry Agreement [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Hello John... See attached signed Right of Entry Agreement. Do you need the original? if so,which address should I send this to?