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AG 24-086 - NANCY BROWNRETURN TO: PW ADMIN EXT: 2700 ID #: 4455 (Template - 4410) CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Deputy Director 2. ORIGINATING STAFF PERSON: 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 0 OTHER Right of Entry Agreement 4. PROJECT NAME: CitY Center Access Project - ROW Acquisition - Parcel 79782O0260 5. NAME OF CONTRACTOR. Nancy Brown ADDRESS: 15905 Tropical Breeze Dr.. Ft Myers, Florida_ 33908 TELEPHONE: 239-437-8141 E-MAIL: FAX: 209-559-3117(mobile) SIGNATURE NAME: Nancy Brown TITLE: Owner 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 # I EXP. _/ / 7. TERM: COMMENCEMENT DATE: TBD JA I 7,12.6k COMPLETION DATE: 12/31/25 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: ❑ 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 O PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER d DEPUTY DIRECTOR DSW 3/12/24 4 DIRECTOR EJW 3/1412024 ❑ RISK MANAGEMENT (IF APPLICABLE) I 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 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 GNATORY (MAYOR OR DIRECTOR) d CITY CLERK ❑ ASSIGNED AG # "AG-Ll ❑ SIGNED COPY RETURNED DATE SENT: . 1. COMMENTS: EXECUTE " 1 " ORIGINALS Template reviewed under ID #4410 IR020 RIGHT OF ENTRY AGREEMENT This Right of Entry Agreement ("Agreement") is dated effective this o? day of r r I , 2024 ("Effective Date"). The parties ("Parties") to this Agreement are Nancy Bro ("Grantor"), a sole proprietor and the City of Federal Way, a Washington municipal corporation ("City"). A. WHEREAS, the Grantor is the fee title owner of real property located at 33201 24TH AVE S, Federal Way, King County, Washington 98003 Tax Parcel No. 7978200260 ("Property"); and B. WHEREAS, the City desires to obtain the Grantor's permission to enter the (property, on a temporary basis, to conduct survey 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. 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' 1 3/2020 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. 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. 2 3/2020 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. CITY OF FEDERAL WAY: By: J' Ferrell, Mayor DATE: q ATTEST: S ie Courtney, CM , City Clerk APPROVED AS TO FORM: )i , C : i Pan Call, City Attorney 3 3/2020 GRANTOR: Nancy Brown By: (' afore (Name) I �5 2�12,ee I, �®e (A ess} ,37 F (Ph�9-�9-3//7 3/2020 4/24/24, 9:29 AM King County Department of Assessments: eReal Property �� '•�+ro�;n� {gA�DVERTISEMENT P••�prrtz iat dql �9up lh• I'n,ju•i l_ I;Irn ,:u; „I ::rule 4na Report IMnpn ICI PARCEL Parcel Number 797820-0260 Name iBROWN NANCY Site Address 3320'1 24TH ,AVE S 98003 Legal STATE PLAT IN SEC 16-21-4 FOR WILY OF ST HWY BUILDING 1 Year Built 1 Building Net Square Footage Construction Class Building Quality Lot Size 10850 Vacant(Multi- Present Use larnlly) Views No Waterfront ADVERTISEMENT iTax Year: 2024 Levy Code: 1205 Levy distribution pie chart 70 TAL LEVY RATE OIS T RIBUT;ON Total Levy Rate: $10.58498 Total Senior Rate: $5.356811 55.94% Voter Approved Click here to see levy distribution comparison by_year. i.AX ?OLL HISTJN.Y Valued 1 Tax Appraised Appraised Appraised Appraised Imps Taxable Land Value Taxable Taxable Imps Value Year ,Year Land Value (5) Imps Value ($) Total (5) Increase ($) (5) ($) Total j$) 2023 2024 10,800 40 10.800 0 10,800 0 10,800 2022 2023 8,100 I D 3,100 C 8,100 0 5,100 2021 2022 8,100 0 8,100 0 8,100 0 8,100 2020 2021 S. 100 0! 8,100 8,100 0 8,100 2019 2020 5,400 - '3 5,400 5,400 0 _ - 51400 2018 2019 5,400 0 5,400 0 5,400 0 5,400 2017 2018 5,400 0 5,400 0 5,400 0 5,400 201E 2017 5,400 0 5,400 0 5,400 0 5,400 2015 2016 5,400 0 5,400 0 5,400 0 5,400 2014 2015 li a00 0 5,400 0 15,400 IL 5,400 2013 2014 5.400 0 15,400 0 5,400 0 5.400 9012 2013 5,400 0 15,400 0 5,400 0 15,400 2011 2012 5,400 0 15,400 0 5,400 0 _�5,400 2010 2011 _ 4,900 0 4,000 0 4,000 0 4,000 ?009 2010 4,000 0 4,000 0 14,000 0 14,000 2008 2009 4.000 10 4,000 0 4,000 40700 2007 2008 3,600 0 0 3,600 0 13,600 2006 2007 3,800 0 �3,600 13,600 3 3,600 13,600 2005 200E 3,000 10 13,000 0 3,000 0 13,000 2004 2005 13,000 10 E3,000 0 3,000 0 3,000 2003 2004 3,000 0 3,000 '0 3.000 0 13,000 2002 2003 3,000 - 0 3,000 0 3,000 0 13,000 2001 2002 3,000 1 3,000 0 3,000 0 13,000 2000 2001 3,000 0 3,000 0 3,000 0 3,01 00 1999 2000 13,000 0 3,000 0 T _ 3,000 , 3,000 Refer . }gn, Disl Lev • Kin1 Lino • Prol • Wa; Dep Rev link) • Wa- Boa App. link) • Boa App • Dist • Mai • Rec Sca sun mar Sca plat httas:llblue.kin4eountv.com/Assessor/eRealProvertv/Dashboard.asox?ParcelNbr=7978200260 1 /2 4/24/24, 9:29 AM King County Department of Assessments: eReal Property 1998 1999 1997 '1998 1996 1997 1994 1995 1993 1994 1992 11993 1990 1991 1988 1989 1986 1987 1984 1985 1982 I -1983 3,01 10 10 3,000 0 3,000 0 3,000 0 10 0 3,000 0 3,000 0 to 0 3,000 0 3,000 0 0 10 3.000 0 3,000 0 10 1 0 3,000 0 900 0 900 0 3,000 0 0 10 900 0 0 10 900 0 0 0 1900 0 1900 0 900 0 0 0 900 0 0 J 0 1900 0 1900 1900 10 10 10 1900 0 ADVERTISEMENT httosJ/blue.kinocounty.comlAssessorleReal Propertv/Dash board. asox?ParceINbr=7978200260 2/2