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AG 06-003 DATE IN: I DATE OUT: I TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT.lDIV: 2. ORIGINATING STAFF PERSON: tXT: A z,~1l. 3. DATEREQ. BY:~ ~:JO 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT D SECURITY DOCUMENT (E.G. AGREEMENT & o MAINTENANCE/LABOR AGREEMENT PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN HEU OF BOND) o PUBLIC WORKS CONTRACT D CONTRACTOR SELECTION DOCUMENT o SMALL PUBLIC WORKS CONTRACT (E.G., RFB, RFP, RFQ) AG#: Ot?- 03 {LESS THAN $200,OOO} D CONTRACT AMENDMENT D PURCHASE AGREEMENT) D CDBG (MATERIALS, SUPPLIES, EQUIPMENT) ~OTHER SGPA (\JI.i-ti~~(:1Y"\. ~ D REAL ESTATE DOCUMENT 5. PROJECT NAME: \~ WI) r-th N f, lac 0Y\Aa. Vl~ 6. NAME OF CONTRACTOR: .Jeff Wmtw{)~ ADDRESS: TELEPHONE SIGNATURE NAME: TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES D SCOPE OF SERVICES D ALL EXHIBITS REFERENCED IN DOCUMENT D INSURANCE CERTIFICATE D DOCUMENT AUTHORIZING SIGNATURE - ~ ""-1$k 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION $ D to -to -4v... (INCLUDE EXPENSES AND SALES TAX, IF ANY) <IF CALCULATED ON HOURLY LABO CHARGE - ATTACH SCHEDUL OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: DYES D NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES DNO IF YES, $ PAID BY: D CONTRACTORD ClT 10. CONTRACT REVIEW INITIAL/DATE APPROVED INITIAL/DATE APPROVED o PROJECT MANAGER D DIRECTOR D RISK MANAGEMENT j;J'1-A W -MP 11.~-) II. CONTRACT SIGNATURE ROUTING INmAL/DATE APPROVED A LAW DEPARTMENT ~TY MANAGER ~ITY CLERK SIGN COPY BACK TO ORGINATING DEPT. SSIGNED AG# tOb. 03 o PURCHASING: PLEASE CHARGE TO: N;t!J::j , COMMENTS ~ kAJ ().l~ ~ ~ 3.'3) ~Cfo 0'0 ~. ~r Wmd 07/05 SETTLEMENT AGREEMENT THIS SETILEMENT AGREEMENT ("Agreement") is dated effective this _ day of December 2005. The parties ("Parties") to this Agreement are the City of Federal Way, a municipal corporation of the State of Washington ("City"), and, Woodworth and Company, Inc., a Washington Corporation ("Developer"). A. The Developer owns certain real property located within the City of Tacoma and more particularly described in Exhibit A, attached hereto and incorporated by this reference ("Property"). B. The Developer has applied to the City of Tacoma for approval of a proposed preliminary plat to be known as Woodworth Northeast Tacoma ("Development"). C. The Development is proposed on approximately 7.92 acres of the Property, which development is more particularly described in the documents and records on file with the City of Tacoma in connection with SEPA review file No. 4000057291 ("Project"). D. The Developer submitted to the City of Tacoma an environmental checklist ("Checklist") to determine if significant adverse impacts on the quality of the environment resulted from the Project, as required by the State Environmental Policy Act ("SEP A"). E. As lead agency under SEP A, the City of Tacoma has preliminarily determined the project will not have a probable significant adverse impact on the environment and will issue a Determination of Nonsignificance (DNS) for the project after a public hearing on January 3, 2006. F. The City did not receive a copy of the DNS pursuant to the SEP A process requiring notice to affected agencies. Subsequently, the City did receive a copy of the DNS and the Checklist upon its request to the City of Tacoma on December 20,2005. G. The City has reviewed the Checklist and the proposed project. The City has also prepared a Traffic Impact Analysis ("TIA") for the project, which contains assumptions and calculations regarding trip generation, trip distribution and assignment, level of service, and project generation of traffic impacts. Based on its review, the City believes that the Project will, without specific mitigation; result in significant adverse impacts to traffic within the City, particularly because of the Project's proximity to the intersection of SW 356lh St and 21" Ave SW located within the City. H. The City was not afforded the opportunity to submit comments to the City of Tacoma as required by the SEP A process. However, the City contacted the developer and explained that if it had been given the opportunity, the City would have requested that the City of Tacoma impose specific mitigation in the amount of $3,390.00 for the significant adverse traffic impacts to the intersection of SW 356lh St and 21" Ave SW. I. On December 23,2005, in a phone conversation with Public Works Director Cary Roe, the developer agreed to contribute $3,390.00 to the proposed intersection improvements by December 30, 2005. I J. The City wishes to avoid filing a SEPA Appeal with the City of Tacoma by the January 3, 2006 deadline, avoid the uncertainty in the amount of pro-rata contribution for improvements to the impacted intersection, and avoid uncertainty regarding timing of collection of the pro-rata contribution. K. The Parties wish to avoid uncertainty and consequent delay of the City of Tacoma's SEP A process and of any subsequent appeal process, and therefore have voluntarily entered into this Agreement. NoW, TIIEREFORE, the Parties agree as follows: I. Traffic Impact Mitigation. No later than December 30, 2005, Woodworth and Company shall pay the City of Federal Way the sum of Three Thousand Three Hundred Ninety and no/l 00 Dollars ($3,390.00), to mitigate probable, significant adverse traffic impacts from the Project. The City of Federal Way agrees to deposit these funds in the Capital Improvement Fund administered by its Public Works Department, and to expend the funds as follows on the following project: SW 356th St and 21" Ave SW Intersection Improvements Woodworth and Company understands and agrees that the timing of construction of this capital project is subject to budgetary and other constraints, and agrees that the City of Federal Way may expend the funds on this specific project regardless of when they are ultimately constructed. 2. SEP A Appeal. In return for payment, as set forth in paragraph I above, of Three Thousand Three Hundred Ninety and no/lOO Dollars ($3,390.00) for traffic impact mitigation fees and upon receipt of this fully executed Agreement, the City agrees not to file an appeal of the Project. The City's agreement not to appeal is based upon its review of the Project in the form applied for as of the date of this Agreement. As long as the Project parameters and configuration are not modified and remain substantially in their form proposed as of the date of this Agreement, and as long as all other terms and provisions of this Agreement are completed to the City's satisfaction, the City commits that it will not raise or cause to be raised, any issue pertaining to approvals, permits, authorization, or construction of the Project. 3. Indemnification. The Developer agrees to indemnifY and hold the City of Federal Way, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all 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 caused by the acts, errors, or omissions of the Developer, its partners, shareholders, agents, employees, or by the Developer's breach of this Agreement. 4. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. 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 attomeys' fees, costs, and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City of Federal Way to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not 2 12/29/2005 11:32 FAX 253 835 2569 i;i] 004/004 waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. DATED the day and year set forth above. CITY OF FEDERAL WAY By: DYJ~ Derek Matheson, Interim City Manager 333258'" Ave South PO Box 9718 Federal Way, WA 98063-9718 ATTEST: CMC WOODWORTH AND COMPANY, INC. By; Qtt,~ ~ Jefry K Woodworth, President 1200 East 'D' Street Tacoma, WA 98421 (253) 383-3585 STATE OF WASHINGTON ) P,,,UIa.. ) ss. COUNTY OF ) On this day personally appeared before me Jeffery A. Woodworth, to me known to be the President of Woodworth and Company, Inc. that executed the foregoing instrument, and acknowledged the said instmment to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instmment and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this J. "It... day of be" e._belli' ,2009 """"""" 0 J..t::J~ ", \.IE I" C"..... LA..- ,~' ............ ..'....~ \...__~~ L..<<.. Gc. 1\ ~ I!..... i,,;;: ~ ~ \ (Iypedlphnted name of notary) : I NOTARy ~ :Notary Public in and for the State of Washington. : \.. ... i :My commission expires C'iJ ~ 0 B \~. PUBLICl~~ ~ ~'ft.. .' ~ ' . '"'fl. ,,,, ~ K,'-CDlSEPA ""bgabon scttlc~ ~...f::. ..' " " 'I, ,,\ I",,,...,,. 3