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AG 24-087 - PAUL LYONS JR. & ROBIN LYONSRETURN TO; PW ADMIN EXT: 2700 ID #: 4456 (Template - 4410) CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / Deputy Director 2. ORIGINATING STAFFPERSOW Desiree Winkler EXT: 2711 3. DATE REQ. BY: 3. 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 0 OTHER Right of Entry Agreement 4. PROJECT NAME: City Center Access Project - ROW Acquisition - Parcel 7978200167 5. NAME OF CONTRACTOR: Paul Lyons Jr. & Robin Lyons ADDRESS: 33217 24th Ave S, Federal Way WA 98003 TELEPHONE: 253-797-2282 E-MAIL: FAX: SIGNATURENAME: Paul Lyons Jr. & Robin Lyons TITLE: Owners 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. 12/3,,1/ UBI # , EXP. —/—/ 7. TERM: COMMENCEMENTDATE:.TBDCOMPLETION 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 d 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 6 DIRECTOR EJW 3/14/2024 ❑ RISK MANAGEMENT (IF APPLICABLE) 6 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 FORA 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 A L DEPT Z IGNATORY (MAYOR OR DIRECTOR) 8 CITY CLERK ❑ ASSIGNED AG # AG# _e;;)9 Dg7 ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: EXECUTE" 1 " ORIGINALS Template reviewed under ID #4410 1/2020 RIGHT OF ENTRY AGREEMENT This Right of Entry Agreement ("Agreement") is dated effective this Z-S day of (Vn ft(RCH , 2024 ("Effective Date"). The parties ("Parties") to this Agreement are Paul F. Lyons Jr. And Robin Lyons ("Grantor"), a sole proprietor 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 33217 24th Ave S, Federal Way, King County, Washington 98003 Tax Parcel No. 7978200167 ("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 Properly 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 A Bement. 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. Author 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: ,,OWFerrell, Mayor DATE: VIA, v� ATTEST: "jb&LyULWt lu t2 WpfiaAe Courtney, CMC,Uy Clerk APPROVED AS TO FORM: J. yan dall, City A orney 3 3/2020 GRANTOR: Paul F. Lyons Jr. And Robin Lyons (signature) tq\)(.. p Lyoo S (Name) By: 42"� c 4�,� (signature) ?4COO^S lye (Name) 33 2-ki 2y `' A v S �;elbc 2AX- WA\-f wig ggo03 (Address)S -3 , -1- q :�- _ z Z— (Phone) 4 3/2020 4/24/24, 9:59 AM King County Department of Assessments: eReal Property rADVERTISEMENT \c�� is ,irh prrrpv: r• I • oUlr \Lip Il:i� I'rup,in i,lu ar nl Icnm I •i .. ., irr� I nI r�••+• 1.:3 PARCEL Parcel Number797820-0167 _ Name LYONS JR PAUL F+ROBIN Site `33217 24TH AVE S 98003 Address I STATE PLAT IN SEC 16-21-4 LOTA OF KING CO SHORT SUBD 773042 REC #9207012032 SD SHORT Legal SUBD DAF - FOR OF TR 25- BEG AT SE COR SD TR 25 TH W 100 FT TO POB TH CONTG W 124.34 FT TH N 254.60 FT TH E 224.34 FT TH S 154.85 FT TH W 100 FT TH S 100 FT TO POB BUILDING 1 Year Built 1969 Total Square Footage 1961 Number Of Bedrooms 3 Number Of Baths 1.75 Grade 7 Average Condition Average Lot Size 17368 Views No Waterfront TOTAL LEVY RATE DISTRIBUTION I I lax Year: 2024 Levy Code: 1205 Total Levy Rate: $10.58498 Total Senior Rate: $5.35681 �,.,Levy distribution pie chart 55.94% Voter Approved Click here to see 1-9-my distributian comparison by_year. TAX ROLL HISTORY Valued Tax Appraised Appraised Appraised Year Year Land Value (S) Imps Value ($) Total ($) 2023 2024 94,000 378,000 472,000 2022 2023 101.000 408,000 509,000 2021 2022 82,000 318,000 400,000 2020 2021 73,000 264,000 337,000 2019 2020 73,000 i252,000 325.000 2018 2019 73,000 235,000 308,000 2017 12018 61,000 184,000 '245,000 2016 12017 :61,000 -149,000 210,000 2015 2016 61,000 1146,000 207,000 2014 2015 61,000 1134,000 1195,000 2013 2014 59,000 1102,000 161,000 2012 2013 59,000 198,000 157,000 2011 2012 92,000 92,000 184,000 2010 2011 �97,000 96,000 193,000 2009 2010 197,000 '102,000 199,000 2008 12009 197,000 1149,000 246,000 2007 2008 S3.000 j 131,000 224,000 2006 2007 85,000 '122,000 207.000 2005 2006 36,000 1103,000 139,000 2004 2005 36,000 1103,000 139,000 2003 2004 36,000 1103,000 :139,000 2002 2003 35,000 100,000 ^135,000 Appraised Imps Taxable Land Value Taxable Imps Value Taxable Increase ($) Total ($) 0 94,000 378,000 1-72,000 0 101,000 408,000 1509.000 0 82,000 318,000 j 400,000 0 73,000 264,000 337,000 0 73,000 252,000• 325,000 0 73,000 235,000 308,000 0 61,000 '84,000 '245,000 0 61,000 149,000 210.000 0 61.000 146,000 207,000 0 61,000 1134,000 195,000 0 159,000 102.000 161,000 0 59,000 98,00 0 92,000 92,000 .157,000 184,000 0 97,000 96,000 T 1 193,000 0 97,000 102,000 1199,000 0 97,000 149,000 1246,000 0 93,000 131.000 224.000 0 85,000 122,000 207,000 0 36,000 103,000 139,000 0 36,000 103,000 �' 139,000 10 36,000 103,000 �I 139,000 0 35,000 100,000 135,000 ADVERTISEMENT Refer • Kin Dist Lev • Kinl Lini • Prol link) • Wa• 0-0 Apr link) • Boa Apr • Disl • Mai • Rec Sca sun MF Sca P� hops://biue.kin(icountv.com/Assessor/eRealProt)ertv/Dashboard.aspx?ParcelNbr=7978200167 1/2 4/24/24, 9:59 AM 2001 12002 35,000 100,000 2000 2001 34,000 94,000 1999 1998 2000 1999 34,000 81.000 34.000 69,000 1997 1998 0 0 1996 1994 1992 1997 1995 1993 10 0 0 0 0 0 0 1990 1988 1986 19B4 1982 1991 1989 1987 1985 1983 0 0 0 0 0 0 0 0 0 King County Department of Assessments: eReal Property 135,000 0 35,000 100,000 128,000 0 34,000 94,000 115,000 0 34,000 81,000 103.000 0 34,000 69,000 0 0 34,000 63,000 0 0 32,000 60,700 0 0 132,000 60.700 0 0 39,000 55,100 0 0 33,900 47,900 0 0 43,200 16,500 0 0 25,700 31,300 0 0 22,000 43,400 J 0 0 22,000 43,400 135,000 128,000 115,000 1103,000 97,000 92.700 192.700 194,100 81,800 159,700 157,000 65,400 465,400 https://blue.kingcountv.com/Assessor/eRealPror)ertv/Dashboard.aspx?ParcelNbr=7978200167 2/2