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AG 23-077 - LYLE PARRIS AND ROSELLA PARRIS
RETURN TO: PW ADMIN EXT: 2700 ID #: 4230 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLIC WORKS / Deputy Director 2. ORIGINATING STAFF PERSON: Desiree Winkler EXT: 3. TYPE OF DOCUMENT (CHECK ONE): p CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 3. DATE REQ. BY: 4/20/23 ❑ 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 ❑ OTHER a. PROJECT NAME: Joint Use Operations and Maintenance Agreement -Parcel 0921049240 5. NAME OF CONTRACTOR: L ADDRESS: E-MAIL: SIGNATURE NAME: e and Rosella Parris 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN CFW LICENSE # BL, EXP. 12/31/ 7. TERM: COMMENCEMENT DA' TELEPHONE: FAX: ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS UBI # , EXP. COMPLETION DATE: Upon Completion of Work 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: n; RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED ❑ PROJECT MANAGER ❑ DIVISION MANAGER ❑ DEPUTY DIRECTOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT 3/10/23 via email 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: 11. CONTRACT SIGNATURE ROUTING INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: ❑ 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 4 AG# DATE SENT: COMMENTS: EXECUTE " 1 " ORIGINALS The template agreement was reviewed between Desiree and Kent Van Alstyne, and then each individual agreement was reviewed by Taryn Weatherford after the owner info was added in. ❑ FINANCE DEPARTMENT 6 LAW DEPT 6 SIGNATORY (MAYOR OR DIRECTOR) 6 CITY CLERK 8 ASSIGNED AG # ❑ SIGNED COPY RETURNED 1/2020 RIGHT OF ENTRY AGREEMENT This Right of Entry Agreement ("Agreement") is dated effective this day of , 20 ("Effective Date"). The parties ("Parties") to this Agreement are Lyle Parris and Rosella Parris ("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 parcel 0921049240 ("Property"); and B. WHEREAS, the City desires to obtain the Grantor's permission to enter the Property, on a temporary basis, to conduct topographic survey and soil studies for its Joint Operation and Maintenance Facility ("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. Right of Entry. The Grantor hereby grants the City and its agents, employees, and contractors, together with all associated equipment, the temporary right to enter onto a the Property, 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 May 1, 2024 ("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 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 federal, state and local laws, statutes, orders, ordinances, rules, regulations, plans, policies and decrees. 1 3/2020 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 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, Entire Agreement. Time is of the essence of the terms and provisions of this Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the matters contained herein, and no alteration, amendment or any part thereof shall be affective 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 3/2020 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: EJ Walsh, P.E., Public Works Director 33325 8th Avenue South Federal Way, WA 98003-6325 ATTEST: )*Jduvi) - J]VkUj-* 5 h- nie Courtney, CMC, . i Clerk OVED AS TO FORM: Vim,.P��yanCall, C 3 3/2020 LYLE PARRIS: By: (Signature) 30922 28th Ave S Federal Way, WA 98003 (Phone) STATE OF WASHINGTON ) ) ss. COUNTY OF 1 On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20 Notary's signature _ Notary's printed name Notary Public in and for the State of Washington. My commission expires: 4 3/2020 ROSELLA PARRIS: By2O4— Z -,L cTc &--P (Signature) 30922 28th Ave S Federal Way, WA 98003 (Phone) 2 5 3 9`3 5 L/ 2 Z/ ZS 3 CS3 735o STATE OF WASHINGTON ) ss. COUNTY OF i n ) //jj On this day personally appeared before me, AoP_�t o I-'q S , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. G WEN my hand and official seal this ZS'�Lxday of 20Z,3 �gS10n •.. E'4 f� o� �,A.2Ll --- NOTARY `" ; Notary's signature rs�+ Notary's printed name kti 4= [A P Notary Public in and for the State of Washington. My commission expires: 6 l7-4 OP WASH,`', Please provide CONTACT INFORMATION to inform of upcoming survey and soils work: Name: if?q PJGti �C4 /Z A / 5 Email: ra o Vic-f J �/a Phone: 2 5-3 CS3 9 3 50 5 3/2020 9 314 Washjtl Eon State Certificate of Death state. Fie Number DY=.I File Nurnber - Ma. .•Diiath Dale"" t. Legal Naive f hd-de �aif WA FtxT Middle • . Lille Weldon Parris Sept_ 9, 2013 .y, Y --- --- Caunijtof-bearh - .sex [WF) Age-11�alrtnday __ i------_Year--___ cursnCer �.-iNniudes .Sa53 Security Number Kl11 �� - -l5ays 534-30-7663 Y a male •15�+r . Birlhdate Bir[hPlSee (City. Town. or County] h. [State or Fwwq- Counkyl . Deeatlent's Fdclt:atian K Ma 22 I937 Seattle Liiasir. oa Some col a Credit .but .no de ree • . Decadrint's liace(s) - . Was Decenent ever in tr.5 {. 10-Was Decedent'of H ]span is Orlgi n7 ]Yes or Noy It yes. opacity White nnnou Forces? IxQ 1V'D 3b- city orToym . 3a. Residence: Number and Street;v.g., 624 sE 51 SE; [Idudv A+vr K..)Federal. Way 30922 28,th Avenue Sout_}a 3f. Cade+a is9. lrrsidt. r-hyLimits? 13c.-Residence CaunW 3d. Tttlaai Raserration Name (d'app¢caare7 i3e- State or Fvrelgn country.�7 Was'Ylingtcin a8OQ:3 aY,,. QNo ❑ unk KInng of DeotP le_ Sur Mng Spouses or Qpn7eSSiG Partrsers Name ;Give Darr arNior to firs!'mrinm-wg 14l. Estimated ieNth-of tirne at residence. 15, Marital Status 3t il[rM RaSO13 Laver rang 46-years Married f work done durin rncat of %OtWrig life- Iba NUT use:R�r --t». 8, ICirE. A Basins-.,sllrldushy. (Qa rwCuse CarrwariY Na—! i7_ Usual �Occupalkarr; {Inair�tu type o 9 Su ervisor Aeraspa�e _ 9. Fatitier's N2tne ;1=csC ruGddle. I.ast. SvRixj l# Rothe rs Name.Be�fbra Flt'st:�hlatiiaiae [ NHddta, L3ne5. . welcion Sailor Parris Doris. iarie Stover. 1 _ tniattnarEt's Name Relationship m 6ecedent Mailing ,Address: N and Srwkr .r r+Fo No- � Cdtv �Ya.r. � stave 7 a xra�erne Parris " spouse 30122 28th Avenue. South kederai way, WA 98O03 • ares of Drain. lrUaar}+ o �vh!4 Samgwlu — Other Fl ;. Place of Dead*: if Death Qcaured in a Ha:.{1rml: ent r 5 P_4e C e.... Faaiiity Name Ill ruira "'w=U , yiva• number 8 mreel or ko tlonl .City. Town, or ts>rasEon•af Oebth b. SEae i. Zip Cade Federal Way WA g8003 3p922' 28th Avenue Sau'th 0_ Location r etylrawn, a�id"state 6- fu}elhdC t Dispasitipn . Place of Final DispassAon (Name of cemetery, cama!ary; other place} Triad].-vigto '! Cra�eation First Crematta.on..Sarvice Pz Date -of DisposiRon 1. Name and Cci preta Addrass.af Funeral Facility Sept _ 13 r 2013 Fixst Call plus of Wasted t942 S4ut 196th Street ICez1t', WA 98F332 3. Fundrst fllrector3bgrtxture % Stevtan M.-., Webster Cxirs of Dea'lie•{Soe Tr- ructinos and a"r�mpEesk" " •_i'' U. Enter file in of vents- diseases, injun"es. or complieations - that tllreCXly caused the death. DO NOT enter t2rrninal events such as cardiac direst, respiratory arrest, or .F rrls4curdr fbrillaTlon withryut showing ti+e etioingy. ❑O NOT A66REVlAl' Add additional fines if•necessary. 2nterval between Onset & Death •�5: IMMED}ATE CAUSE:(Final disease or t,{ y a. jnlen& bow -en Or et S Death orxiidon resulting in death) Due to (w as a cafl--quer vt}: •�_ uen[fally ILSt avndltlnns. Many. leading onsetsEraam to the Cause rlsmd an ane.a- Enter the Di.e to (or as a ounsvqurnw et.' UNCFEFkLYING CALr5E (disease or injury - het.initia[ed the events. iesulling in C. +r[lervai ❑ Mew t MvZ I. eadt as th) LAST Due to (or as a wnsvqu�r ce oli d• - B. Autopsy? 7. ere autopsy findings ayo,.' ble [la ,Other iA�.nt cvrtdltioris dpnlsieuilno to dealt tact not resulting In the underlying carnse given above mPlete the Cause ofDeath7 U. Yes �(ivo I] Yes D No Niannerrof Death 9. If rHrrTala Q. Did tobacco uSe contribute Nat pregnant within past the Not r, nant, but r nant withirt'42 days t7afars death nr death? Natural ❑Homicide ❑ P 9 P Y 0 pregnant, P e9 [].Pmbabl 15 Accident ❑ UndOu rrn-ned 0 Pregnant at time of death E] Not pregnant. fiat p(egnant 43 days to 1 yeas: before death Yes y Sude Pend[n 0.. Unknown if r aht within. the r - L3 No .tinknown 1. D-ate of Injury cwR'NGYYY+: Hpur at injtxy [2afvxl . PfaC 7'oi inJu7 (�8:. r'==�":: hiurr, ry oo tn:r:4ce .-.im. raataurant wooded a] b. yes, [jt gflrk 0 Unk ,opt No- S. Localtiorn of injury Numl._. &5tmeit 'or Town: Ccunt 3mL•+_zi �- 7If.trarisPrtantn 3furY•. tf E Describe haw injury occurred II 7riverOperatw ❑ Pedestrian �- II' PassertgeY El -other (Spey) a. C in Ph n- r8b,edlcai ExainlnerlCwancr - . Name anAddressPhysician. Medical Examinero: C . neriCrypr •� - �as� +Wr_ -- + 3 _svuvmSignrw+'r! 1. Name an Trite vf,AjtendIng. PhysFciari U. Other thdn Ee+tiier fTvnn of Prigfj 3.- --- _ 4 - 'rncevu s ss=ie'eN�aeerred�-fCohr' _TiteofG fre Nc 71 Reglstra r'Sig rtature- '�-� = "� ." . CYate� S.`fiTi•rekldmenl4 - �'Y . wp. 01�a