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AG 09-182RETURN TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATI�$�RO�T�(� �LIP t. ORIGINATING DEPT./DIV: I 2. ORIGINATING STAFF PERSON: �i '(1 �((�SDlrl EXT: 3. DATE REQ: BY. 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) CQNTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) PUBLIC WORKS CONTRACT O SMALL PUBLIC WORKS CONTRACT PROFESSIONAL SERVICE AGREEMENT MAINTENANCE AGREEMENT GOODS AND SERVICE AGREEMENT O HUMAN SERVICES CDBG REAL ESTATE DOCUMENT SECURITY DOCUMENT (E.G. aorrD xELwTED ooc[m¢xTS> ORDINANCE CONTRACT AMENDMENT (AG#): OTHER ��YV1Q�t'1_� RESOLUTION �L�. W' �1_' 6. NAME OF CONTRACTOR: ADDRESS: SIGNATURE NAME: _TELEPHONE TITLE rn M 7. EXHIBITS AND ATTACHMENTS: sCOPE WORK OR SERVICES COMPENSATION INSURANCE REQU[REIv1ENTS/CERTIF[CATE ALL OTHER REFERENCED EXHIBC['S O PROOF OF AUTHORITY TO SIGN REQU[RED LICENSES PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: 1 2,� �1�2t�\� 9. TOTAL COMPENSATION (INCLUDE EXPENSES AND SALES TAX, [F ANY) ([F CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOL[DAY RATES) REIMBURSABLE EXPENSE: O YES NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED YES NO IF YES, PURCHASING: PLEASE CHARGE TO: 10. CONTRACT REVIEW PROJECT MANAGER INITIAL DATE REVIEWED O DIRECTOR RISK MANAGEMENT (IF �p[.tcaB[,E) LAW PAID BY: O CONTRACTOR o CITY iNITIAL DATE APPROVED 11. CONTRACT SIGNATURE ROUTING SENT TO VENDOR/CONTRACTOR DATE SENT: l��O�i DATE REC'D: R'� IO� ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPARTMENT SIGNATORY DIRECTOR) CITY CLERK ASSIGNED AG# SIGNED COPY RETURNED COMMENTS: `f' AG# DATE SENT: 4/9 J SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT (this "Agreement") by and between the City of Federal Way, a municipal corporation of the State of Washington (the "City"), and Lakehaven Utility District, a special purpose district of the State of Washington ("Lakehaven") with respect to the following facts. Recitals A. The City undertakes public projects that may require condemnation of private property as a necessity for the public project; B. Lakehaven may have acquired an easement on the private property that is subject to condemnation for the pizblic project; C. The City desires to resolve property interests, such as easements, instead of proceeding with litigation when possible; D. Lakehaven desires to avoid condemnation litigation of its easements on private property that will become City property pursuant to the public project. NOW, THEREFORE, the Parties agree as follows: 1. Voluntarv Relinquishments of Easements on Private Pronertv. Lakehaven agrees to voluntarily relinquish its easements on private property that will become City property pursuant to public projects when notified by the City. 2. Relocation Costs. In exchange for the voluntary relinquishment of easements on private properiy that become public Right-of-Way, the City agrees to the following: A. For the Project. The City agrees to pay Lakehaven's necessary relocation or adjustment costs of its water and/or sewer facilities on private property if required as part of project construction when the property will become City property. B. Five Years after Completion of the Project. The City agrees to pay Lakehaven's necessary relocatian costs of its water and/or sewer facilities for five years after completion of the project in tl�e event a City public project requires the relocation. Completion of the project means the action taken by the City Council during the regular City Council meeting to accept the project as complete. 3. Notification. Notification to either the City or Lakehaven will be sent by mail as follows: Public Works Director City of Federal Way 33325 8�' Ave. S. P.O. Box 9718 Federal Way, WA 98063-9718 General Manager Lakehaven Utility District P.O. Box 4249 Federal Way, WA 98063-4249 4. Term. The parties agree that this Agreement shall cover Lakehaven's utility easements on public projects of the City that may be let for public construction from the date of last execution of this Agreement through December 31 St 2014. The provisions of Paragraphs two (2), five (5), and six (6) shall survive the expiration of this Agreement. 5. Indemnification. The Parties agree to indemnify and hold each other, its elected officials, officers, emplayees, agents, and volunteers hannless 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, licenses, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the acts, errors, or omissions of the party, its partners, shareholders, agents, or employees. 6. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. A. Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the parties. B. Assignment. 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 ternis 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 of its own attorney's fees, costs, and expenses. C. Venue. The venue for any dispute related to this Agreement sha11 be King County, Washington. D. Enforcement. Failure of either party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shali not waive such breach or default. Time is of essence of this Agreemen� and each and all of its provisions in which performance is a factor. E. Interpretation. The section headings contained in this Agreement are inserted only as a matter of convenience and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision contained in it. This Agreement and each of its terms and provisions are deemed to have been explicitly negotiated between the parties, and the language in all parts of this Agreement will, in all cases, be construed according to its fair meaning and not strictly for or against either party. 2 CITY OF FEDERAL WAY Date 9�3%��i By: Bri ilson, Interim City Manager 335 0— l Way South P.O. Box 9718 Federal Way, WA 98063-9718 LAKEHAVEN UTILITY DISTRICT Date Z z B Donald Perry General Manager Lakehaven Utility District 31627 1 St Ave. South Federal Way, WA 98023 ATTEST: f City Clerk, Carol Mc eilly, C APPROVED AS TO FORM: 7 T� City Attorney, Patricia A.�Richardson APPROVED AS TO FORM: Steven H. Pritchett Lakehaven Utility District General Counsel STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that �'b�1_�,is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as aT� of the City of Federal Way, to be the free and voluntary act of such company for the u es and purposes mentioned in the instrument. Dated this 30 day of 200 ���iiiiiii���� 1`` �����tip,9oNN F .O ��'A •:o O: p�OTARy �N' '...u'i p�L�G r 2 �`L,�' T oF AS $f DO�G �'�i Z:4.f�e�W'1 L.�'�dd�l�.i�" (Print or type name) NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires: f 9—!�.. STATE OF WASHINGTON ss. COUNTY OF K1NG I certify that I know or have satisfactory evidence that is the person who appeared befare me and acknowledged that he signed the instrument, o ath stated that he was authorized to execute the instrument and acknowledged it as a��� Lakehaven Utility District, to be the free and voluntary act of such company for the uses and purposes mentioned in the instrument. Dated this �day ofS�', 200 K:�PW�Phase IV�L,akehaven Settlement Agreement final 4 G�s� /v /7� �'�°'.cr (Print or type name) NOTARY PUBLIC in and�£Q r t e Sta.te of Washington, residing at r! My Commission expires: 2