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Home My WebLink AboutAG 20-058 - SeaTac Village Shopping Center RETURN TO: PW ADMIN EXT: 2700 ID#: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/CAPITAL PROJECTS 2. ORIGINATING STAFF PERSON: JOHN COLE EXT:2718 3. DATE REQ.BY:4/6/2020 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 AMENDMENT(AG#): ❑ INTERLOCAL X OTHER RIGHT OF ENTRY AGREEMENT 4. PROJECT NAME: 2020 ASPHALT OVERLAY PROJECT 5. NAME OF CONTRACTOR: SEATAC VILLAGE SHOPPING CENTER,LLC ADDRESS: TELEPHONE: E-MAIL: FAX' SIGNATURE NAME: JEFFREY NUDELMAN TITLE: VICE PRESIDENT 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:4/6/2020 COMPLETION DATi-- 1 ?> _a�s-1 8. 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: RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED X PROJECT MANAGER Al 3/27/2020 ❑ DIVISION MANAGER < '03/31/2020 ❑ DEPUTY DIRECTOR DSW 3/31/20_ ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT ER 3/30/2020 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/[VOTIFICATION FOR 1 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 ❑ FINANCE DEPARTMENT X LAW DEPT X SIGNATORY(MAYOR OR DIRECTOR) X CITY CLERK ❑ ASSIGNED AG# AG r ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: EXECUTE rr" ORIGINALS 2S2-6 (�d t -r' : cw J 1 Ci'E ES_ ✓\ -e G 1/2020 RETURN TO: PW ADMIN EXT: 2700 Ii:r 1 I ' CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORINT 1. ORIGINATING DEPT/Div: PUBLIC WORKS 1 + 2. ORIGINATING STAFF PERSON: ��]�� Q�� EXT: 2,� /Sr 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 AMENDmENT(AG#): ❑ INTERLOCAL )f OTHER ;,( -�- f 4. PROJECT NAME: err A II 5. NAME OF CONTRACTOR: c-n C ��)/7 c -5,4 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 DATE: 8. TOTAL COMPENSATION:$ (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) RERVIBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAIDBY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT/CONTRACT REviEW I i.r D.-NTE RE WE'D INITIAL/DA'T'E APPROVED 'r!rPROTFCT MANAGER IVESION MANAGER DEPUTY DIRECTOR DIRECTOR ❑ DIRECTOR ��IJ ❑ RISK MANAGEMENT (IF APPLICABLE) * LAW DEPT 121!fe Zo lei 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENTTO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 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 ❑ FINANCE DEPARTMENT ❑ LAw DEPT ❑ SIGNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASS IGNED AG# AG# ❑ SIGNED COPY RETURNED DATE SENT. ❑RETURN ONE ORIGINAL COMMENTS: ExECUTE` "ORIGINALS C +t a- Qr / r1� �` /�lr SCJ- �y/ ��iZ G'G✓�t ar 112018 TEMPORARY RIGHT OF ENTRY AGREEMENT This Temporary Right ofEntry Agreement("Agreement")is dated effective this iday of March, 2020 (the "Effective Date"). The parties ("Parties") to this Agreement are SeaTac Village Shopping Center, LLC, a Delaware limited liability company ("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 1800 S. 320th St., tax parcel number 921049208, 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 Reicbauer 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, subject to the terms of this Agreement; NOW, THEREFORE, the Parties do hereby agree as follows: AGREEMENT 1. Right of Entry. The Grantor hereby grants the City and its agents, employees and contractors the non-exclusive, temporary right to enter onto a portion of the Property, as shown on the attached Exhibit A (the "Access Area"), for the purpose of performing the Work, and for no other purpose. City and its employees, consultants, agents and contractors shall enter upon the Property at their own risk, and Grantor shall not be responsible or liable for any injury, damage, or loss incurred by City or its employees, consultants, agents or contractors arising out of or in connection with the Work, except to the extent that any injury is caused due to the negligent acts or omissions of Grantor or any employee or agent of Grantor. 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 upon the mutual written agreement of the Grantor and the City. 3. Indemnification. Subject to any statutory tort claims 1 imitations, City shall 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 or the Work, to the extent solely caused by the 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 anddecrees. 5. Liens. The City shall not permit to be placed against the Property, or any part thereof, any liens with regard to the Work. The City shall 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. Manner of Performance/Repairs,and Restoration. City acknowledges that the Work must be done in a manner that will not interfere with tenants or customers at the Property. City agrees that it shall keep the Property and the Access Area as clean as possible at all times and shall clean the area at the end of each day. City shall use commercially reasonable efforts to avoid causing damage to the Property and shall repair any damage in a manner reasonably acceptable to Grantor, including landscaping, at its sole cost and expense. In the event City receives complaints from any tenant, City shall immediately notify Grantor and agrees to work cooperatively and use its best commercial efforts to ameliorate the tenant's issue. In addition, City and its authorized agents shall keep all vehicles and machinery out of the direct line of traffic within the Property and shall not obstruct or hinder deliveries to tenants or customers in any way. Following the completion of the Work,the City shall 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. 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. 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. 19. Insurance. During the term of this Agreement,City and any consultants,contractors or subcontractors entering the Property on City's behalf shall keep in force the following levels of insurance coverage: a. Worker's Compensation Insurance—statutory; b. Commercial General Liability Insurance-$2,000,000/$2,000,000; C. Automobile Liability Insurance-$2,000,000 CSL; d. Excess Umbrella-$2,000,000; and e. Professional Errors&Omissions-$2,000,000 per occurrence. SIGNATURES ON NEXT PAGE IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first written above. CITY OF FEDERAL WAY: • By: Jim Ferrell, Mayor 3 8th Avenue South deral Way, WA 98003- 6325 ATTEST: S h nie Courtney, CM U ity Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney GRANTOR: SeaTac Village Shopping Center, LLC By: Title: ,r r9�`- NTOR:– By: 'gnature) (Name) (Address) (Phone) p aE&a nl STATE OF ) )ss. COUNTY OF MU,-'1v M,NA ) On this day personally appeared before me Tfirt•4' to me known to be V i c t �a s-d04-1f of that executed the foregoing instrume t, and acknowledged the said instrum to be the free and voluntary act �n"of 1–t and deed of said aE;r�n. For the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument �he , GIVEN my hand and official seal this day of apri'l 207o Notary's signature GI Notary printed name Lind sed �_L�r,w' Notary Public in and for the State ofd. Dlre-bt— My commission expires: 3-1-D OFFICIAL STAMP ULD NDSEY ALRIN NOTARY PUBLIC-OREGON COMMISSION NO.959950 MY COMMISSION EXPIRES MARCH 02,2021 kAS S�gneuse f r Big 5S o inq G a s y 181 PI 318th D Areas R S I accessed. ML �] J At • ,r , sem.�_.� � � �,, • 1f� t � • CU 6 r� w .. f..s 40 ..r: ,��, ::