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AG 08-068 ,. RETURN TO: S c:..eTf"J P \ N &E:1.- CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV: C, 1'-1 Mf\1...L ~CR S 0 P-F ( C e; 2. ORIGINATING STAFF PERSON: SCOTT 'PIN C.;,t: 1..- EXT: 1_-'1 ()3 3. DATEREQ. BY: 5 /1.-3 { eJ'D 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE/LABOR AGREEMENT o PUBLIC WORKS CONTRACT o SMALL PUBLIC WORKS CONTRACT (LESS THAN $200,000) o PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) o REAL ESTATE DOCUMENT o SECURITY DOCUMENT (E.G. AGREEMENT & PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) o CONTRACT AMENDMENT o CDBG J4. OTHER AG#: Dg--Obg 5. PROJECT NAME: PE:"\2..ro~~\\..l(,c fttz...-rs Cz-N~ fv1 ~M 0 t?-f\1...l \)\.It-\ Of" lJ /0..1 O~1f\~\hN,(., 6. NAMEOFCONTRACTOR: ft=?;'b~"'- W~ ~noN of -rrtt: ?~YVIt.M.IN& ~ ADDRESS: ' TELEPHONE 1h3-~'W -4$'6cr SIGNATURE NAME: j oPt+...\.J '? \ Q0~ TITLE PReS l b~#..J "r 7. ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE )( DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: ~ 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR C GE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY o PURCHASING: PLEASE CHARGE TO: 10. CONTRACT REVIEW o PROJECT MANAGER o DIRECTOR o RISK MANAGEMENT (IF APPLICABLE) o LAW lNITIAL/DATE APPROVED INITIAL/DATE APPROVED 11. CONTRACT SIGNATURE ROUTING o LAW DEPARTME~T o CITY MANAGER o CITY CLERK o SIGN COPY BACK TO ORGIN~JING DEPT. o ASSIGNED AG# () f . oao COMMENTS INITIAL/DATE APPROVED 02/08 MEMORANDUM OF UNDERSTANDING BETWEEN FEDERAL WAY COALITION OF THE PERFORMING ARTS AND THE CITY OF FEDERAL WAY, WASHINGTON THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made effective this 'l..\~ day of tv'\..A'i 2008. The parties ("Parties") to this MOU are the City of Federal Way ("City"), a Washington municipal corporation, and Federal Way Coalition of the Performing Arts ("FWCP A", a non-profit corporation. RECITALS: WHEREAS, the Federal Way City Council has indicated through its annual strategic goal- setting and its legislative agenda setting that construction of a Performing Arts Center in Federal Way is a priority; and WHEREAS, in furtherance of that priority, in August 2007, the City Council commissioned a Feasibility Study for a new Performing Arts Center; and WHEREAS, that Feasibility Study was conducted from August 2007 through January 2008, by Charles Johnson & Associates from Chicago, Illinois; and WHEREAS, the Feasibility Study found that the construction of a 500 - 700 seat performance hall was feasible, especially if it were located close to a conference and meeting center; and WHEREAS, the City Council accepted $500,000 appropriated by the 2008 State Legislature to be used for reimbursement of pre-construction activities related to the Performing Arts Center; and WHEREAS, the City intends to enter into a Memorandum of Understanding ("MOU") with the owner of property located at 2200 S. 320th Street, commonly known as Pal-do World Plaza ("Property") , setting forth the intention to enter into a development agreement for the ownership and construction of a Performing Arts Center; and WHEREAS, the FWCP A is a duly formed and registered non-profit corporation whose purpose is to promote the construction of a Performing Arts Center in Federal Way, to raise funds for the PAC, and to manage and operate such facility; and WHEREAS, the FWCP A is submitting a grant application to the Building for the Arts ("BFA"), which will assist in funding said facility; and WHEREAS, the City and FWCP A desire to enter into this MOU to establish the understanding and intent of the parties in regards to leasing the facility for a minimum of fifteen K:\CM\economic dev\performing arts center\3MOU FWCPS Grant application 5-13-08 1 (15) years as required for the BFA Grant Application and the operations and management of the Performing Arts Center. NOW, THEREFORE, in consideration of the mutual benefits set forth in this MOU, the Parties agree as follows: 1. The City Intends to Construct a Performing Arts Center in the City Center LEED Certified. The City is granted $500,000 by the 2008 State Legislature to be used for pre- construction activities related to the Performing Arts Center in the City Center, and intends to negotiate a development agreement, which will include transferring ownership to the City for that portion of the Performing Arts Center, and commence construction in 2009 of the facility that will meet the criteria for LEED certification. 2. Negotiate in Good Faith for the FWCP A to Lease, Manage and Operate the Performing Arts Center. The parties intend to negotiate in good faith a lease for a minimum of fifteen (15) years, after the completion of construction, for the FWCPA to manage and operate the Performing Arts Center. 3. Community Nonprofit Arts Organizations' Use of the Performing Arts Center. FWCP A as the operator of the facility shall allow community nonprofit arts organizations to use the Performing Arts Center at least 50% of the time. IN WITNESS WHEREOF, the City and Brian Park have executed this Memorandum of Understanding as of the day and year first written above by their duly authorized representatives. CITY OF FEDERAL WAY BY:W.~ City Manager, NealBeets 33325 8thAve S P.O. Box 9718 Federal Way, WA 98063-9718 ATTEST: K:\CM\economic dev\performing arts center\3MOU FWCPS Grant application 5-13-08 2 APPROVED AS TO FORM: rp;C ?t'. ~~ City Attorney, Patricia A Richardson FEDERAL WAY COALITION OF PEFORMING ARTS By: ~(?4~4~ (nam . Its: b~5/dI/~r STATE OF WASHINGTON) k. ) ss. COUNTY OF , f\ C:) ) On this day personal~ appeared before me ~ 00-1\ ^ f. P'l ~ ., to me known to be the th.Q.~~~ of Federal Way alition of Performing Arts that executed the foregoing instrument, and acknowledged the said instrument 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 instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 8 d... day of IVLClu #vcc- <r 8 rook: 6LiCQ.be..~\ L.lQ ~I...u'~'t (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires t:f5 ~ Z;{j - 08' ,2008. ''''''''''''''' __-,,;'~~~~~~!.It ;~ll\ .: ~<:s..-:~,SSION i::""~ " : 9: ..~-';<' +-0'. ~ " : Q) :'/] ~OTA~J ~.. ~ ~ :: - ,. (/): ~ ~ ~: .... .: ~ ~ \ ,oU8l\C .. ! ~, - . . ~... , ,.... ~ 'O~'" " '~"':-:'<5-0~ .....~ .: ". 0 .......... -,~ -- "..; WASt\\\:~..~.. \\\\\\\\"" K:\CM\economic dev\performing arts center\3MOU FWCPS Grant application 5-13-08 3