AG 22-127 - FRED HUTCHINSON CANCER RESEARCH CENTERRETURN TO: Autumn Gressett EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: Parks
2. ORIGINATING STAFF PERSON: Autumn Gressett EXT: 3. DATE REQ. BY:
4. 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
m OTHER Lease
S. PROJECT NAME: FRED HUTCH CANCER RESEARCH CENTER PARKING LICENSE
6. NAME OF CONTRACTOR: Fred Hutchinson Cancer Research Center
ADDRESS: 1100 Fairview Ave N Seattle, WA 98109 TELEPHONE—
E-MAIL: RMOYER@FREDHUTCH.ORG FAX:
SIGNATURE NAME: REGGIER MOYER TITLE Purchasing Manager
7. 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
8. TERM: COMMENCEMENT DATE: 10/24/2022 COMPLETION DATE:'' r3 1 r20 Z�QIA
9. TOTAL COMPENSATION �✓ isua "fti `Q U CLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES i TLF.HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM.DOLLARAMOUNT: $
IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: "IA
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
* PROJECT MANAGER ag 10/17/2022
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
R LAW TMW 10/17/22
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. 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 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
X LAW DEPARTMENT rVA iQ/St LZ
❑ SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK MID1!�
❑ ASSIGNED AG#
COMMENTS:
212017
PARKING LICENSE
THIS PARKING LICENSE (the "License") is entered into this � // day of October, 2022
("Execution Date) with an effective date of 24th day of October, 2022 ("Effective Date") by and between
the City of Federal Way, a Washington municipal corporation ("City"), and FRED 14UTCFHNSON
CANCER CENTER, a Washington State Public Benefit Corporation ("Licensee").
RECITALS
A. City 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 3141 South and legally described as King
County Parcel 48575000020 ("Property").
B. City desires to 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.
1. Premises. City hereby grants to Licensee a License to use an area 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. City 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
January 31, 2023. This License may be extended for additional periods of time upon the mutual written
agreement of the City and the Licensee.
3. Rent. Licensee shall pay a monthly rental fee in the amount of One Thousand Dollars ($1,000)
("Rental Fee"). Licensee shall pay the Rental Fee by the 5`h of each month.
4. Termination. Licensee may terminate this agreement with 30 days' notice to City. City may
terminate this agreement should Licensee fail to pay the Rental Fee as described above with five (5) days'
written notice and after allowing five (5) days for Licensee to cure the failure.
5. Use of Premises. The Premises shall be used for COVID-19 Vaccine Efficacy Studies material
storage, equipment and vehicle parking by Licensee and its agents, employees, consultants, and invitees
and for no other purpose without City'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.
6. Access and Use. Licensee's access to the Premises shall be from 12:OOam — 11:59pm, Monday
through Sunday. City reserves the right to make other uses of the Premises that do not interfere with
Licensee's use.
7. Liens and Improvements. 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.
Condition of Premises. Licensee accepts the Premises "as -is."
9. Maintenance and Repairs. City shall not be responsible for any costs associated with cleaning,
maintaining, and repairing the Premises.
10. Accidents and Liability. Insurance. City, 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
Licensee's invitees in and about the Premises or Property, except to the extent such injury or damage is
caused by City's or its elected officials', officers', employees', agents', or volunteers' negligence or breach
of this License. Licensee agrees to indemnify, defend and hold City 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 from Licensee's negligence or breach of this License, except to the extent
caused by City's negligence or breach of this License. Licensee shall maintain commercially reasonable
liability insurance on the Premises and to name the City as an additional insured.
11. Successors and Assigns. 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.
12. 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: FRED HUTCHINSON CANCER CENTER
Attention: THOMAS LYNCH, PRESIDENT & DIRECTOR
TOM@FREDHUTCH.ORG
1100 Fairview Ave N
Seattle, WA 98109
If to City: City of Federal Way
Attention: Autumn Gressett, Contract Administrator
Autumn.gessett@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.
13. Governmental Charges. City shall indemnify and save Licensee harmless from any taxes,
assessments or governmental charges of any kind which may be levied against the Premises.
14. Subrogation Waiver. Each of City 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.
15. Entire Agreement. This License contains the entire agreement between the parties and supersedes
all other statements or understandings between the parties.
16. 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 same counterpart. This License may be
executed by facsimile signatures or by electronic signatures (such as an executed pdf document emailed
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.
[Signatures to Follow]
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
1 Hutton, P rks Director
DATE: /v `J/120 ZL
LICENSEE:
FR [ITCH NSON CAI E CENTER
By: Thomas Lynch
Its: President & irect0
Date: ja
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
ATTEST:
.qjjUjffVUVKAV
ph nie Courtney, CMC, t y Clerk
APPROVED AS TO FORM:
yan Call, City Attor
I certify that I know or have satisfactory evidence that fDrA L-JN" 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 President & Director of Fred
Hutchinson Cancer Center to be the free and voluntary act and deed of such party for the uses and purposes
mentioned in the instrument.
Dated: �11 I �q 12 2- AJ4" L
NjWy Public in and for the State of Washington
Residing at V
nftjM,E? YVA
FJOJRDAN
Public Printed Name Jpfti W CoNNeyL.
Washington
L CONNER My appointment expiresN0V 17-# 182081
XP.1111212023
EXHIBIT A
I
r fir: - --- ---4 - •t.
•
Fred
- y.
IV-