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AG 24-085 - S & S YAKIMA, LLCRETURN TO: PW ADMIN EXT: 2700 ID #: 4452 (Template - 4410) CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLIC WORKS / Deputy Director 2. ORIGINATING STAFFPERSON: Desiree Winkler EXT: 2711 3. DATE REQ. BY: 3. TYPE OF DOCUMENT (CHECK ONE): p 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 ® OTHER Right of Entry Agreement 4. PROJECT NAME: City Center Access Project - ROW Acquisition - Parcel 7978200540 5. NAME OF CONTRACTOR: S & S Yakima, LLC ADDRESS: 32124 25th Ave S. Federal Way, WA 98003 TELEPHONE: 253-529-4000 E-MAIL: FAX: SIGNATURE NAME: Richard SOna TITLE: Governor 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: COMMENCEMENTDATE:_TBD ?] LL�� COMPLETION DATEJ2/31/255' 8. TOTAL COMPENSATION: $ n/a (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: d YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: S. IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED O PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER 8 DEPUTY DIRECTOR DSW 3/12/24 8 DIRECTOR EJW 3/1412024 ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW DEPT KVA 3/14/2024 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 REMINDERMOTIFICATION 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 6 LAW DEPT 6 SIGNATORY (MAYOR OR DIRECTOR) rt 8 CITY CLERK ✓! ❑ ASSIGNED AG # AG Q ❑ SIGNED COPY RETURNED DATE SENT: I . COMMENTS. EXECUTE" -ORIGINALS Template reviewed under ID #4410 1/2020 RIGHT OF ENTRY AGREEMENT This 'ght of Entry Agreement ("Agreement") is dated effective this 2-q 7f day of 2024 ("Effective Date"). The parties ("Parties") to this Agreement are S & S Yakima, LIT3, a Washington 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 32124 25TH AVE S, Federal Way, King County, Washington 98003, Tax Parcel No. 7978200540 ("Property"); -,Ind B. WHEREAS, the City desires to obtain the Grantor's permission to enter the Property, on a temporary basis, to conduct survey work for its City Center Access project ("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 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 December 31, 2025 ("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 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. AuthorLty. 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 WFIEREOF, the Parties hereto have executed this Agreement. CITY OF FEDERAL WAY: By. �-Ferrell, Mayor DATE: /;Lq ATTEST: eM1 I PRIM Kim Stkphai6 CouTtneffly,CMC, M,10 9, - APPROVED AS TO FORM: �Q- JAyan Call, City Att 3 3/2020 GRANTOR: - S & S Yakima, LLC By: 66Y (Signature) (Name) 51f 2 2�- R�&� �� (Address) `Z--M �; 291 +{- (Phone) 3/2020 4/24/24, 8:18 AM Corporations and Charities System BUSINESS INFORMATION Business Name: S & S YAKIMA LLC UBI Number: 604 187 038 Business Type: WA LIMITED LIABILITY COMPANY Business Status: ACTIVE Principal Office Street Address: 802 E YAKIMA AVE, YAKIMA, WA, 98901-2552, UNITED STATES Principal Office Mailing Address: 2340 130TH AVE NE STE 202, BELLEVUE, WA, 98005-1763, UNITED STATES Expiration Date: 10/31/2024 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 10/26/2017 Period of Duration: PERPETUAL Inactive Date: Nature of Business: LODGING REGISTERED AGENT INFORMATION Registered Agent Name: SHKGROUP, PLLC Street Address: 34400 PACIFIC HWY S, FEDERAL WAY, WA, 98003-7830, UNITED STATES Mailing Address: 34400 PACIFIC HWY S, FEDERAL WAY, WA, 98003-7830, UNITED STATES GOVERNORS Title GOVERNOR Governors Type INDIVIDUAL Entity Name First Name Last Name SONG https://ccfs.sos.wa.aov/? q1=1*1euutvh* qa*MiAwOTk2NTkzOC4xNigvNT150DE3* qa 7B08VE04WV*MTcwOTkxODEONv42Ni4xLiE3MDk5MTgxOT... 1/1 4/24/24, 8:19 AM King County Department of Assessments: eReal Property ADVERTISEMENT �'�•.. Sti;u rC r .I;. .,� I.�,.lu LI. .�,:. r..•�,i -. Gi„ .0 ,I I, rn. v., Ir._�,r I'n.p. rr- If, .� ?ARCEL Parcel '97820-0540 Number Name I S & S YAKIMA LLC Site 132124 25TH AVE S 98003 Address STATE PLAT IN SEC 16-21-04 LOT 2 KCSP 887025 REC #8912'140335 -AKA PROPOSED KCSP Legal 887025 SD SP DAF - POR TRS 56-57-58 STATE PLAT IN SEC 16-21- 04 LESS S 640 FT THOF LESS POR FOR SSH #5-A LESS FOR FOR PLAT N B M DIV #1 BUILDING 1 Year Built r 1999 I Building Net Square ' 95183 Footage Construction Class STRUCTURAL STEEL r Building Quality AVERAGE/GOOD PR- Lot Size 123986 ti • I " Present Use Hotel/Motel Views No — Waterfront OTAL LEVY RATE DISTRiBUT'.ON Tax Year: 2024 Levy Code: 1205 Total Levy Rate: $10.58493 Total Senior Rate: $5.35681 ; Levy distribution pie chart 55.94% Voter Approved Chick here to see l� distrlbutlon comparison by_year. TAX a0i i HisT-Op", Appraised Taxable Appraised Appraised ! Appraised Imps Increase Land Value Taxable Imps' Taxable Valued Tax A Year Year Land Value ($l Imps Value (S) Total (S) (S) (5) I Value j$) Total (S) 2023 2024 3,719,500 11,541,600 15.261.100 0 2022 2023 3,347,600 11;624,000 1ei,971,600 2021 2022 3,099.6600 11,321,200 14,426,800 0 2020 2021 3,099,600 14,073,800 17,173,400 0 2019 2020 2,479,700 13,126,100 15,605,800 0 — 2018 2019 2,479,700 11,592,000 14,071,700 .0 2017 2018 2,231,700 11,237.700 13,469,400 0 2016 2017 2,231,700 10,420,800 12,652,500 0 2015 2016 2,231,700 8,321,200 110,552,900 0 2014 12015 2,231,700 !6,789,300 9,000,000 0 2013 2014 2,231,700 5,253,700 1,485,400 0 2012 2013 12,231,700 5,412,300 17,644,000 0 2011 )012 2,231,700 L5,166,100 7,397,800 0 2010 2011 2,231,700 4,809,000 +6,840,700 0 2009 2010 991,800 6,872,900 7,664,700 0� 2008 .2009 991.800 '8,175,300 9,167,100 0� 2007 2008 991,800 7,281,100 8,272,900 0 2006 2007 1743,900 6.994';400 17,738,300 0 2005 2006 600,000 6.966,900 7,566,900 0 2004 2005 t600,000 ~7,250,400 7,850,400 0 2003 2004 600,000 8,870,000 9,470,000 .0 2002 2003 0 0 0 0 3,719,500 11,541,600 15,261,100 3,347,600 111,624,000 14,971,600 3,099,600 t 11,327,200 14,426,80D 3.099,600 114,073,800 17,173,400 13,126,100 15,605,800 _12,479,700 12, 479, 700 11, 592, 000 14,071,700 ).231,700 11,237,700 13,469,400 2,23.1,700 •10,420,800 12,652,500 2,231,700 ;8,321,200 110,552,900 ,231,700 6,768,300 9,000,000 2,231,-00 15,253,700 7,485,400 2,231,700 5,412,300 7,644,000 2,231,700 5,166,100 7,397,800 2,231,700 .4,609,000 6,840,700 991,800 16,6672,900 7,664, 700 991,800 8,'175,300 9,167.100 991,800 7,281,100 8,272.900 1743,900 6,994,400 �j ' 7,738,300 1600,000 �6,96Q900 7,56 096 0 1600,000 ;' 7,850,400 — ,�7,250,400 600,000 18,870,000 9,470,000 600,000 10,070,000 10,67 0,000 htti)s://blue.kingcountv.com/Assessor/eRealPror)ertv/Dashboard.asox?ParcelNbr=7978200540 1/2 4/24/24, 8:19 AM King County Department of Assessments: eReal Property 2001 2002 600,000 18.875,500 2000 2001 600,000 19,403,500 1999 2000 495,900 18,317,300 1998 1999 495,900 0 1997 1998 0 10 1996 1997 0 0 1994 1995 0 10 1992 1993 0 10 1990 1991 0 0 1989 j 1990 0 0 1988 1989 0 0 9,475,500 0 600,000 8,875,500 19,475,500 9,403,500 10,003,500 10,003,500 1.086,200 :600,000 8,813,200 8,317,300 495,900 8,317,300 8,813,200 495,900 0 1495,900 0 495,900 0 0 1495,900 0 496,900 0 0 495,900 0 495,900 0 0 495,900 10 1495,900 0 0 495,900 0 1495,900 0 0 495,900 0 495,900 0 0 494,100 0 494,100 0 0 494,100 i 0 494,100 ADVERTISEMENT hitps:llblue.kinctcounty.comlAssessorleRealPrODertVlDashboard.asox?ParcelNbr=7978200540 2/2