AG 09-177 - LAKEHAVEN UTILITY DISTRICT RETURN TO: PW ADMIN EXT: 2700 ID#:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORINT
1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ VN 2. ORIGINATING g _
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❑ 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
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❑ CREATE ELECTRONIC REMINDER/NOTIFIQATION 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
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RECEIVED
(311"Y ()F WAY'
M/1,1111 F'E R & S E W PUBLIC WOF01,,S C) PT
31627 Ist Avenue South @ DI's O.Box 4249 o Federal Way,YVA 98063-4249
253-941-1516 Feder4l Way � 253--927-2922 Taconia o wwwJlakehaven.org
January 3, 2020
Leah Myhre
City of Federal Way
33325 8 1h Ave S
Federal Way,WA 98003-6325
RE: Water Quality Monitoring Station
Dear Ms. Myhre:
Enclosed is the signed Amendment No. 1 to Indemnification Agreement Water Quality Monitoring
Station.
Very truly
Lisa N.Alexander
Legal Assistant/Board Clerk
:Ina
Enclosure
-—-- —------------------------------- ............... ...................................... . . . .......
SII d. 33325 8th Avenue South
mFederal Way a edeiW Way.. WA 98003 6325
(253) 835 7000
WWW("Ifyoffederalway con?
AMENDMENT NO. 1
TO
INDEMNIFICATION AGREEMENT
WATER QUALITY MONITORING STATION
This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal
corporation("City"), and Lakehaven Water and Sewer District(formerly known as Lakehaven Utility District), a
Washington special service district ("Lakehaven"). The City and Lakehaven (together "Parties"), for valuable
consideration and by mutual consent of the Parties, agree to amend the original Indemnification Agreement for a
Water Quality Monitoring Station ("Agreement") on Lakehaven property, dated effective September 29, 2009.
1. AMENDED TERM.The term of the Agreement,as referenced by Section 3 of the Agreement and any prior
amendments thereto, shall be amended and shall continue for a period of ten (10) years, effective upon mutual
execution ("Amended Term"), and may be extended for additional periods of time upon the mutual written
agreement of the City and Lakehaven.
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto,not modified by this Amendment, shall remain in full force and effect.Any and all acts done by
either Party consistent with the authority of the Agreement,together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been
performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The
provisions of Section 7 of the Agreement shall apply to and govern this Amendment. The Parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding
on the parties of this contract.
[Signature page follows]
AMENDMENT - 1 - Rev. 3/2017
CITY OF' OTY HA�
33325 M Avpnue SOUth
Federal Way Federak Way,WA. 98003 6325
(2.3) 835-7000
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY: ATTEST:
By:
CIA
. ...........
Jim FerV41
yoSeplianie Courtney, 'M "�Clerk
DATE: 'M APPROVED AS TO FORM:
.................
A-
0.
/ J. Ryan Call, City Attorney
LAKEHAVEN WATER AND SEWER DISTRICT:
By
John Bowman, General Manager
i
DATE:
. ......... .... .... ..........
STATE OF WASHINGTON )
ss.
COUNTY OF )
On this da personally� 1 � pp � � � , to me known to be the
��ll appeared c:ore me �� a. �
. , " ���m��w of �. "a�Ve'll (� ��... �� 0- L,,W � � ,�cthat executed the foregoing
instrument,and acknow dged 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.
da of �
GIVEN m hand and official seal this 20 �
Y Y � �
1` tary's signature NOTARY
g
Notary
e
Expires. a�°yr s M��ntcd ����1�""Nota Public m�nd for th State ......
y Com Jssap Washington.
03 My commission expires ., - - - - .
AMENDMENT - 2 - Rev. 3/2017
RETURN TO: U:, l� �.��C�-� X��
CITY OF FEDERAL WAY LAW DEPARTMENT
REOUEST FOR CONTRACT PRFaPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP
1. ORIGINATING DEPT./DIV:
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2. ORIGINATING STAFF PERSON: W��� ��1 e� EXT: c� 7v v 3. DATE REQ. BY:
4. TYPE OF DOCUMENT REQUESTED (CHECK ONE)
CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
PUBLIC WORKS CONTRACT SMALL PUBLIC WORKS CONTRACT
PROFESSIONAL SERVICE AGREEMENT MAINTENANCE AGREEMENT
GOODS AND SERVICE AGREEMENT
REAL ESTATE DOCUMENT
ORDINANCE
CONTR
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5. PROJECT NAME:
HUMAN SERVICES CDBG
SECURITY DOCUMENT �E.G. BOND RELATED DOCtJMENTS)
RESOLUTION
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6. NAME OF CONTRACTOR: Q, !a ✓Pf'] r' f r� �G l
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OTHER REFERENCED EXHIBITS PROOF O AUTHORIT TO SIGN REQUIRED LICENSES �PRIOR CONTRACT/
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8. TERM: COMMENCEMENT DATE: �?OO COMPLETION DATE: 1� a0�
9. TOTAL COMPENSATION �,//T (INCLUDE EXPENSES AND SALES TAX, ff ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TTTLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑�s NO ff YES, MAXIMUM DOLLAR AMOUNT:
IS SALES TAX OWED YES NO IF YES, PAID BY: CONTRACTOR CITY
PURCHASING: PLEASE CHARGE TO:
10. CONTRACT REVIEW ITIAL DATE RE IT EWED INITIAL DATE APPROVED
C�1'�ROJECT MANAGER 7 l�
C�IRECTOR �Q�
SIGNATORY (CM, ACM, OR DIRECTOR)
RISK MANAGEMENT (tF �PLiCasLE)
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C�'SENT TO VENDOR/CONTRACTOR DATE SENT: S"�' U 9 DATE REC'D:
ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
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4/9
INDEMNIFICATION AGREEMENT
WATER QUALITY MONITORING STATION
This Indemnification Agreement ("Agreement") is dated effective this day of
2009. The parties ("Parties"} to this Agreement are the City of Federal
Wa a Washington municipal corporation ("City") and Lakehaven Utility District, a
Washington special service district ("Lakehaven").
A. The City wishes to locate a streamflow monitoring and sampling station ("Monitoring
Station") on Lakehaven property known as King County Parcel Number 1221039009, located
adjacent to State Route 509 (SW Dash Point Road) at milepost 9.93, in Federal Way,
Washington ("Property").
B. Lakehaven acknowledges the need for such efforts and supports the City by allowing
this Monitoring Station to be installed and maintained on the described Property.
C. Upon request, Lakehaven will be provided data collected by the City from the
Monitoring Station.
NOW, THEREFORE, the Parties agree as follows:
1. License. Lakehaven hereby grants to the City and its agents, designees and/or assigns
the non-exclusive license and right, without prior notice to Lakehaven, at such times as deemed
necessary by the City, to enter upon the Property to install the Monitoring Station, to collect
samples, measure streamflow, inspect, operate, repair, or replace the Monitoring Sta.tion or
appurtenances thereto.
2. Access. The City shall have the right of access to the Monitoring Station over and
across the Property to enable the City to exercise its rights hereunder.
3. Term. The term of this Agreement shall commence upon the execution of this
Agreement by both of the Parties and shall continue for a period of ten (10) years ("Term").
This Agreement may be extended for additional periods of time upon the mutual written
agreement of the City and Lakehaven.
4. Termination. Prior to the expiration of the Term, this Agreement may be terminated
upon ninety (90) days prior written notice by either party to the other party.
5. Indemnification. In consideration of Lakehaven authorizing its use of the Property
for the Monitoring Station, the City agrees to indemnify and hold Lakehaven, 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 or the use of the Property relating
to the Monitoring Station except to the extent of Lakehaven's negligence.
-1-
6. Condition of Properties. The City agrees to return the Property to Lakehaven upon
the expiration of the Term in as good a condition as existed prior to the commencement of this
Agreement. The City shall be responsible for cleaning up and removing, at its expense, any and
all equipment, or other items used in connection with the Monitoring Station.
7. General Provision. 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 which is declazed 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
attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be
King County, Washington. Failure of Lakehaven and/or the City to declaze any breach or default
immediately upon the occurrence thereof, or delay in taking any action in connection with, sha11
not 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: S�z'� By:
Brian ilson
Interi City Manager
33325 8�' Avenue South
PO Box 9718
Federal Way, WA 98063-97I8
ATTEST:
City Clerk, arol Mc ei ly, C
LAKEHAVEN UTILITY DISTRICT
Donald T. Perry
General Manager
31627 1 St Avenue South
PO Box 4249
Federal Way, WA 98063
APPROVED AS TO FORM:
Gener Y Counsel
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
K:\CONTRAC712009\09-xxx LUD Water Quality MonROring Station.doc
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