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Home My WebLink AboutAG 20-065 - Waste Management of Washington RETURN TO. EXT: AUTUMN GRESSETT 6914 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: PRCS/PAEC ORIGINATING STAFF PERSON: AUTUMN GRESSETT EXT: 6914 3. DATE REQ,BY:ASAP 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 W MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#):y ,-INTERLOCAL ❑ OTHER PROJECT NAME: LEASE OF OLD TARGET PARKING LOT TO WASTE MANAGEMENT OF WASHINGTON,INC NAME OF CONTRACTOR: WASTE MANAGEMENT OF WASHINGTON,IN --- . ADDRESS: 701 2ND ST NW AUBURN WA 98001 TELEPHONE 253-804-6760 E-MAIL:MDAVIS35@WM,COM FAX: SIGNATURE N.... ... --- ...,.......�...........____ � � ,,.... _mm.�. AME: TITLE SENIOR DISTRICT MANAGER EXHIBITS AND ATTACHMENTS:W SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE WALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: COMPLETION DATE: MAY1,2020 2020 SEPTEMBER 30,2020 TOTAL COMPENSATION$$41,160 (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 1F YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑YES ❑NO 1F YES,$ PAID M:(-1CON G'@ A 1 OR k-I CITN" RETAINAGE: RETAINAGE AMOUNT: E]RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/,DATE APPROVED * PROJECT MANAGER AG 3/26/2020 ---- ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) W LAW ER 3/27/2020 ER 3/31/2020 1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: -------- ----- SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING SENT TO VENDOR/CONTRACTOR DATE SENT: -111. mm.. DATE RECD " ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFIC, TE, G-1t_"L:NSI'S. EHIBITS ❑ 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 ❑ LAW DEPARTMENT 1 SIGNATORY(-,C T, "WT)T+�N" DIRECTOR) K) " p ''� CITY CLERK I y ❑ ASSIGNED AG# A ,rP ❑ SIGNED COPY RETURNED DATE SENT: :OMMENTS 1001 R 720 E.Butterfield Road Lombard,IL 60148 (630)572-2407 Tel ASTe as ra, ' E" T (630)572-9894 Fax YdUIhdx@MI eM April 24, 2020 To, City of Federal Way Attention: Autumn Gressett 333258 Ih Ave S Federal Way, WA 98003 Re. lease Agreement between Citi of Federal Way.. (LandloEL and Waste Management of Washington, Inc. Tenant for real estate at Old Target Parkin Lot,,, 2141 S 314th South Federal Way, WA Dear Autumn, Attached please find partially executed legal document for the above-mentioned Lease. Please countersign and return the document to the below mentioned address. I have forwarded 2 copies, one for your files and the other one to be signed and returned to Waste Management. Waste Management Attn: Corporate Real Estate, Vidya Darshane 720 E. Butterfield Rd. 4`h Floor Lombard, IL 60148 Should you have any questions,please contact Craig Post at 1-630-218-1512 or email him at c ostl @wm.com. Sincerely, Vidya Darshane Sr. Lease Portfolio Manager Tel# 1-630-572-2407 Email—vdarshan@wm.com PARKING LICENSE THIS PARKING LICENSE(the"License")is entered into this 4day of April,2020("Execution Date)with an effective date of 1st day of May 2020("Effective Date")by and between the City of Federal Way, a Washington municipal corporation ("Grantor"), and Waste Management of Washington, Inc. a Washington State corporation. ("Licensee"). RECITALS A. Grantor is the owner of that certain improved parcel of real property located in the City of Federal Way,King County,Washington commonly known as Old Target Parking Lot off of Pete von Reichbauer Way S,located at 2141 S 314` South and legally described as King County Parcel#0921049017 and#8575000020 ("Property"). B. Grantor desires grant to Licensee a exclusive license to use a portion of the Property for the Permitted Use,as defined herein,with ingress and egress pursuant to the terms set forth herein. AGREEMENT 1. Premises.Grantor hereby grants to Licensee a License to use,an area enclosed by a chain link fence located at the Property in the locations depicted on the attached Exhibit A(the"Premises"). Licensee shall be required to provide a secured chain link fence enclosure surrounding the area marked on Exhibit A. Grantor also grants to Licensee and its agents,employees,consultants,and invitees a non-exclusive license for vehicular and pedestrian ingress,egress,and access over,upon, across,and through the Property for the benefit of the Premises.This License shall terminate automatically at the expiration of the term. 2. Term. The term of this License shall commence on the Effective Date, and shall terminate on September 30,2020. 3. Rent.Licensee shall pay a one-time rental fee in the amount of$41,160.00("Rental Fee").Licensee shall pay the Rental Fee at least 7 days prior to the Effective Date. Should Licensee fail to pay the one-time Rental Fee within the time period and such non-payment remains uncured for a period of ten(10) days of written notice of Grantor,this License will not be effective and no license is granted.The parties agree that said payment is complete and full and that no further amount shall be due for any normal wear accruing to the Premises. 4. Use of Premises,. The Premises shall be used for material storage, equipment and vehicle parking by Licensee and its agents,employees,consultants,and invitees and for no other purpose without Grantor's prior written consent. Licensee shall not create or maintain on the Premises any nuisance or in any way violate generally applicable laws,ordinances,and public regulations now or hereafter in effect. 5. Access and mmtJse. Licensee's access to the Premises shall be from 7:OOam — 5:OOpm, Monday through Sunday. Grantor reserves the right to make other uses of the Premises that do not interfere with Licensee's use. 6. [Jens cmd lam r`avedments. Licensee shall not permit any mechanic's or materialmen's liens of any kind to be enforced against the Premises for any work done or materials furnished thereon at the request of or on behalf of Licensee. 7. Condition of,Premises. Licensee accepts the Premises"as-is.- 8. ma i I il erlzlnccaildI�"CGi-antor shall not be responsible for any costs associated with cleaning, maintaining, and repairing the Premises. 9. AcecideWs ond kJohil I t�, lri kinqwc. Grantor, its elected officials, officers, employees, agents, and volunteers shall not be liable for any inJury or damage to persons or property sustained by Licensee or Licensees invitees in and about the Premises or Property, CXCCpt to the extent such h1jury or damage is caused by Grantor's or its elected officials% officers', employees', agents% or volunteers' negligence or breach of this License. Licensee agrees to inderninify, defend and hold Grantor and its elected officials, officers, employees, agents, and volunteers harmless from any claim, action, expenses, costs, fees (including attorneys' fees)and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the Property resulting trom Licensee's negligence or breach of this License,except to the extent caused by Grantor's negligence or breach or this License. Licensee shall maintain commercially reasonable liability insurance on the Premises and to name the City as an additional insured. 10. Stiocessors and A., This License and each of the terms,provisions,conditions,and covenants hereof shall be binding upon and inure to the benefit of the parties hereto and their respective Successors and assigns. H. Notices. All notices hereunder shall be in writing and shall be delivered personally,by certified or registered mail, by email or by recognized overnight courier addressed as follows: If to Licensee: Waste Management or Washington, Inc Attention: Marc Davis Mdavis35@wnn.corn 701 2"" St NW Auburn,WA 98001 With a copy to: Waste Management of Washington, Inc. c/o Commercial Real Estate Department Attention:Director of Real Estate 720 East Butterfield Road,4"'Floor Lombard,Illinois 60148 If to Grantor: City of Federal Way Attention:Autumn Gressett,Contract Administrator Autui-nn.gressett@cityoffederalway.com 33325 8th Avenue South Federal Way,WA 98003-6325 Or to such other address(es)or addressee(s)as any party entitled to receive notice hereunder shall designate to the other in the manner provided herein for the service of notices. Rejection,refusal to accept,or inability to deliver because of changed address or because no notice of changed address was given,shall be deemed receipt. 12. Governmental Cliarggs. Grantor shall indemnify and save Licensee harmless from any taxes, assessments or governmental charges of any kind which may be levied against the Premises. 13. S i, M r ,j,,;ahmi Miiver. Each of Grantor and Licensee release and relieve the other and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils described in standard fire insurance policies and all perils described in the "Extended Coverage" insurance endorsement approved for use in Washington state, that occurs in, on, or about the Premises or Property, whether due to the negligence of either party,their agents,employees,or otherwise. 14. II.Ili-�,-ii:c-�-k.L!,L. l.lilei-il,i.,,I This License contains the entire agreement between the parties and supersedes all other statements or understandings between the parties. 15. Counterparts. This License may be executed by the parties in any number of separate counterparts,and all such counterparts so executed constitute one agreement binding on all the Parties, notwithstanding that all the parties are not signatories to the sarne counterpart.This License may be executed by facsimile signatures or by electronic signatures(such as an executed pdf document ernailed by a party), and each counterpart executed and transmitted by facsimile or email shall have the same force and effect as an originally executed document. IN WITNESS WHEREOF,the parties hereto have executed this instrument on the date herein set forth. [Signature Pages Follow] GRANTOR: LICENSEE: WASTE MANAGEMENT 4 "4 AS INGTON, INC. y: John Hutton By: James A. Wilson Its: Parks Director Its: Vice Pr e sidcn Date: ' Date: .... STATE OF ILLINOIS ) ss. COUNTY OF DUPAGE ) I certify that I know or have satisfactory evidence that James A. Wilson is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Vice President of Waste Mana ement of Washington, Inc to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. �� V Ptrblic in and forthe Dated: � .� � 2020 itar r y � the State of Illinois Residing at Hoffman Estates IL 00 OMCKSM Printed Name Vidya Shirish Darshane MYA WHIRISM OMSIVM W OT 1 L My appointment expires October 21, 2023 EXHI,B.I.T...A. J ri i iR I; 1. y J� r r � w .M