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AG 10-039EARLY LEASE TERMINATION AGREEMENT BETWEEN CITY OF FEDERAL WAY AND CLEAR CHANIYEL OUTDOOR, INC. This Early Lease Termination Agreement ("AgreemenY'} is etttered into this � day of March, 2010, by the City of Federal oJay ("City"} and Clear Channel Outdoor, Inc. ("Ciear Channel") {coIlectively, "the Parties"). Coincident with an improvements project, the City has determined that it must remove three billboards owned by Clear Channel on King County tax parceis 042104-9237, 042104- 9257, and 092I04-9106, identified in the attached legal descriptions ("property"). Clear Channel maintains leaseholds on the property, where it operates commerc;ial billboards (the "signs"). The City requires early termination of Clear Channel's leaseholds. The Parties have agreed to early leasehold terminations under the following terms and conditions: 1. Comnensation Amount. The City will pay Clear Channel, as compensation, the amount of Two Hundred Fifly-Nine Thousand and 00/100 Dollars ($259,000.00) ("the Compensation Amount") for the early termination of the leasehold. The Compensation Amount shall constitute fiull and complete compensation to Clear Channel for early ternunation of Clear Channel's leasehold and property rights. The Parties agree that the Campensation Amount described herein shatl inctude any claims for interest, fees, reimbursements, relocation assistanee and any other claims of any nature, including compensation which Clear Channel may otherwise be entitled to under the law of eminent domain or any other reimbursement, replacement or compensation scheme provided by law. 2. Pavrnent Details. The City wi11 pay the Compensation Amount by tendering a cheek for the Compensation Amount payable to "Clear Channel Outdoor, Inc.," within three (3) business days of the execution of this Agreement. 3. Removal of the Signs. The City will be responsible for removing the signs, and agrees to indemnify Cleax Channel and hold it harmless from any damages to any person as a result of the removal of khe structures, and the manner of such removal. 4. Release. Clear Channel hereby releases the City from any and all claims for interest, fees, reimbursements, relocation assistance and any other claims of any nature, including compensation which Clear Channel may otherwise be entitled to under the law of eminent domain or any other reimbursement, replacement or compensation scheme provided by law. EARLY LEASE TERMINATION AGREEMENT - 1 5. A�reement to Cooperate. The City and Clear Channel shall execute such documeiits as may be necessary to implement this Agreement. CLEAR CHANNEL DUTDOOR, INC. BY: C 7 -. � Title: .� G� .�--✓ .2f�'�=•r Date: :� . �..,�G, t'ITY OF FEDERAL WAY � : . �,/i .�1 T'itle. C,,� /j,�y��,/iOv�cr �N� Date: 3 �/� u B / � Clear Channel Legal Co Date: By: i��:,�,r� City of Federal Way's Legal Counsel Date: 3- �'- �c� EARLY LEASE TERMINATTON AGREEMENT - 2 � EXH/BIT PARCEL NO. 092104-9106 R/GHT OF WAY THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A ; DESCRIBED AS FOLLOWS: BEG/NNING AT THE NORTHWEST CORNER OF SAID PARCEL "A°, ALSO BE/NG THE /NTERSECT/ON OF EAST MARG/N OF PACIFIC HIGHWAY SOUTH (SR 99) AND THE SOUTH MARG/N OF SOUTH 304 STREET,� THENCE SOUTH 88° 50' 28" EAST ALONG SAID SOUTH MARGIN, 25.21 FEET,� THENCE SOUTH 18° 48' 41" WEST, 3.39 FEET,� THENCE SOUTH 74° 35' 43" WEST, 1.00 FEET,• THENCE SOUTHWESTERLY ON A CURVE TO THE LEFT WHOSE CENTER BEARS SOUTH 15° 24' 17° EAST, 30.00 FEET, AN ARC DISTANCE OF 10.11 FEET,• THENCE SOUTH 34° 43' 00° EAST, 3.00 FEET,� THENCE SOUTHWESTERLY ON A CURVE TO THE LEFT WHOSE CENTER BEARS SOUTH 34° 43' 00" EAST, 27.00 FEET, AN ARC DISTANCE OF 12.23 FEET,• THENCE SOUTH 29° 20' 05" WEST, 2.57 FEET,• THENCE SOUTH 85° 07' 34" WEST, 2.81 FEET TO A LINE THAT IS 7.00 FEET EAST OF AND PARALLEL WITH THE EAST MARGIN OF PACIFIC HIGHWAY SOUTH (SR 99); THENCE SOUTHERLY ALONG SA/D PAR,4LLEL LINE ON A CURVE TO THE RIGHT WHOSE CENTER BEARS NORTH 80° 44' 30" WEST, 5787.00 FEET, AN ARC DISTANCE OF 38.58 FEET TO THE SOUTH LINE OF SAID PARCEL °A'; THENCE NORTH 88° 50' 28" WEST ALONG SAID SOUTH LINE, 7.08 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL "A'; ALSO BEING THE EAST MARGIN OF PACIFIC HIGHWAY SOUTH (SR 99); THENCE NORTHERLY ALONG SAID EAST MARGIN ON A CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 80° 20' S8" WEST, 5780.00 FEET, AN ARC DISTANCE OF 60.88 FEET TO THE POINT OF BEG/NN/NG. CONTAINING 630 SQUARE FEET, MORE OR LESS. PARCEL "A" (PER PACIFIC NORTHWEST TITLE COMPANY ORDER NO. 645362, DATED FEB. 28, 2007) THAT PORT/ON OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN K/NG COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID SUBDIV/SION WITH EAST LINE OF STATE ROAD NUMBER 1; THENCE EAST ALONG NORTH LINE OF SA/D SUBDIVISION, 144.6 FEET,• THENCE SOUTH 90.26 FEET,� THENCE WEST PARALLEL WITH NORTH LINE OF SAID SUBDIVISION, 157.5 FEET, MORE OR LESS, TO THE EAST LINE OF STATE ROAD NUMBER 1; THENCE NORTHEASTERLYALONG EAST LINE OF STATE ROAD NUMBER 1, TO POINT OF BEGINNING; EXCEPT THAT PORTION IN SOUTH 304 STREET. SURVEYOR'S NOTE THE CENTERLINE OF PACIFIC HIGHWAY SOUTH (SR 99) IS BASED ON THE RIGHT OF WAY PLANS FOR SR 99 HOV LANES PHASE 4 (AG 06-127), ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC WORKS. 0921049106 row - No. 17 Page 1 of 1 KPG TACOMA• SEATTLE EXH/BIT PARCEL NO. 042104-9237 R/GHT OF WAY THAT PORT/ON OF THE HEREINAFTER DESCRIBED PARCEL °A'; LYING EAST OF A LINE THAT IS 62.00 FEET WEST OF AND PARALLEL WITH THE CENTERLINE OF PACIFIC HIGHWAY SOUTH (SR 99); EXCEPT THE NORTH 83 FEET THEREFROM,� TOGETHER WITH THE NORTH 83 FEET OF THE HEREINAFTER DESCRIBED PARCEL "A°, LYING EAST OF A LINE THAT IS 61.00 FEET WEST OF AND PARALLEL WITH THE CENTERLINE OF PACIFIC H/GHWAY SOUTH (SR 99). CONTAINING 3,524 SQUARE FEET, MORE OR LESS. PARCEL "A" (PER PACIFIC NORTHWEST TITLE COMPANY ORDER NO. 645377, DATED FEB. 22, 2007) THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE NORTH 89° 29' 04" EAST ALONG THE SOUTH LINE OF SAID SUBDIVISION 30.00 FEET TO THE EAST LINE OF THE WEST 30.00 FEET IN WIDTH OF SAID SUBDIVISION; THENCE NORTH 00° 36' 37" WEST ALONG SAID EAST LINE 155.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINU/NG NORTH 00° 36' 37" WESTALONG SAID EAST LINE AND ALONG THE EASTERLY MARGIN OF 16 AVENUE SOUTH, A DISTANCE OF 405.00 FEET TO THE NORTH LINE OF THE SOUTH 560.00 FEET IN W/DTH OF SAID SUBDIV/SION,• THENCE NORTH 89° 29' 04" EAST ALONG SAID NORTH LINE 250.58 FEET TO INTERSECT THE WESTERLY MARGIN OF PACIF/C HIGHWAY SOUTH AT A POINT ON A CURVE FROM WHICH THE CENTER LIES NORTH 88° 27' 40" WEST 5680.00 FEET,• THENCE SOUTHERLYALONG SA/D HIGHWAY MARGIN AND ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 03° 01' 56" AN ARC DISTANCE OF 300.60 FEET TO THE NORTH LINE OF THE SOUTH 260.00 FEET IN WIDTH OF SAID SUBD/VISION; THENCE SOUTH 89° 29' 04" WEST ALONG SAID NORTH LINE 115.37 FEET; THENCE SOUTH 00° 36' 37" EAST 105.00 FEET TO THE NORTH LINE OF THE SOUTH 155.00 FEET IN WIDTH OF SAID SUBDIVISION,• THENCE SOUTH 89° 29' 04" WEST ALONG SA/D NORTH LINE 116.00 FEET TO THE TRUE POINT OF BEGINNING. SURVEYOR'S NOTE THE CENTERLINE OF PACIFIC HIGHWAY SOUTH (SR 99) IS BASED ON THE RIGHT OF WAY PLANS FOR SR 99 HOV LANES PHASE 4(AG 06-127), ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC WORKS. 0421049237 row - No. 39 Page 1 of 1 KPGr TACOMA• SFATTLE EXH/BIT PARCEL NO. 042104-9257 R/GHT OF WAY THE EAST 10.00 FEET OF THE HEREINAFTER DESCRIBED PARCEL °A°. CONTAINING 7,582 SQUARE FEET, MORE OR LESS. PARCEL "A" (PER PAC/FIC NORTHWEST TITLE COMPANY ORDER NO. 645378, DATED FEB. 22, 2007) THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN K/NG COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE NORTH 89° 29' 04" EAST ALONG THE SOUTH LINE OF SAID SUBDIVISION 30.00 FEET TO THE EAST LINE OF THE WEST 30.00 FEET IN WIDTH OF SAID SUBDIVISION; THENCE NORTH 00° 36' 37' WEST ALONG SA/D EAST LINE 560.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00° 36' 37" WEST ALONG SAID EAST LINE AND ALONG THE EASTERLY MARGIN OF 16�' AVENUE SOUTH A D/STANCE OF 759.06 FEET TO THE NORTH LINE OF SAID SUBD/VISION; THENCE NORTH 89° 45' 43" EAST ALONG SAID NORTH LINE 245.61 FEET TO THE WESTERLY MARGIN OF PACIFIC HIGHWAY SOUTH; THENCE SOUTH 01 ° 39' 09" EAST ALONG SAID HIGHWAY MARGIN 441.64 TO THE BEGINNING OF A CURVE TO THE RIGHT WITH A RADIUS OF 5,680.00 FEET,• THENCE SOUTHERLYALONG SAID H/GHWAY MARGIN AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 11' 39" AN ARC DISTANCE OF 316.38 FEET TO THE NORTH LINE OF THE SOUTH 560.00 IN WlDTH OF SAID SUBDIVISION,• THENCE SOUTH 89° 29' 04" WEST ALONG SA/D NORTH LINE 250.58 FEET TO THE TRUE POINT OF BEGlNNING; TOGETHER WITH AN EASEMENT FOR ACCESS, INGRESS AND EGRESS OVER THE EAST 50 FEET OF THE NORTH 230 FEET PARALLEL TO THE EAST LINE OF THE FOLLOWING DESCRIBED PROPERTY.• THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: 0421049257 row - No. 40 Page 1 of 2 KPG TACOMA• SEATTLE BEGINNING AT THE SOUTHWEST CORNER OF SA/D SECTION 4; THENCE NORTH 89° 29' 04" EAST ALONG THE SOUTH L/NE OF SAID SUBDIVISION, 30.00 FEET TO THE EAST LINE OF THE WEST 30.00 FEET IN W1DTH OF SAID SUBD►VIS10N,• THENCE NORTH 00° 36' 37" WEST ALONG SAID EAST LINE 155.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00° 36' 37" WEST ALONG SAID EAST LINE AND ALONG THE EASTERLY MARGIN OF 16 AVENUE SOUTH, A DISTANCE OF 405.00 FEET TO THE NORTH LINE OF THE SOUTH 560.00 FEET IN WIDTH OF SAID SUBDIVISION; THENCE NORTH 89° 29' 04" EAST ALONG SA/D NORTH LINE 250.58 FEET TO INTERSECT THE WESTERLY MARGIN OF PAC/FIC H/GHWAY SOUTH AT A POINT ON A CURVE FROM WHICH THE CENTER LIES NORTH 88° 27' 40" WEST 5, 680 FEET,• THENCE SOUTHERLYALONG SAID HIGHWAY MARGlN AND ALONG SAfD CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 03° 01' 56" AN ARC DISTANCE OF 300.60 FEET TO THE NORTH L/NE OF THE SOUTH 260.00 FEET IN WIDTH OF SA/D SUBDIVISION; THENCE SOUTH 89° 29' 04" WEST ALONG SAID NORTH LINE 115.37 FEET; THENCE SOUTH 00° 36' 37" EAST 105.00 FEET TO THE NORTH LINE OF THE SOUTH 155.00 FEET lN WIDTH OF SAID SUBDIVISION; THENCE SOUTH 89° 29' 04" WEST ALONG NORTH LINE 116.00 FEET TO THE TRUE POINT OF BEGINN►NG. SURVEYOR'S NOTE THE CENTERLINE OF PACIFIC HIGHWAY SOUTH (SR 99) IS BASED ON THE RIGHT OF WAY PLANS FOR SR 99 HOV LANES PHASE 4(AG 06-127), ON FILE W/TH THE CITY OF FEDERAL WAY PUBLIC WORKS. 0421049257 row - No. 40 Page 2 of 2 KPG TACOMA• SEATTLE RETURN TO: x`�`�t� CITY OF FEDERAL VVAY LA�V DEPARTMENT FOR CONTRACT PREPARATION/DOCUMENT REVIEWISIGNATURE ROUTING SLIP i_ ORIGINATINGDEPT./DIV: �(/l� � Sff�Z 2. ORIGINATING STAFF PERSON: ExT: z 7 Z 3 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 SEItVICE AGREEMENT ❑ HUMAN SERVICES / CDSG �REAL ESTAT`E DOCUMENT ❑ SECURITY DOCUMENT (g.c. Borro xELwrE� �ocu�rs> � ORDINANCE 0 RESOLUTION ❑ CONTRACT AMENDMENT {AG#): ,�OTHER �ar�k L.taS2 Terrviiva� �t����. �tad' ��+aHV�r� �(���tC`�at�c 5. PROJECTNAME: f�c�rt `�i G f� wcf Sa (`� l/ La uPC P as� .11L ^ l ,/I � n n I / r 6. NAME OF CONTRACTOR: ADDRESS: SIGNATURE NAME: TELEPHONE TITLE 8. � EXHIBITS AND ATTACHMENTS: ❑ sc , WORK OR SERViCES ❑ COMPENSATION O INSURANCE REQUtREMENTS/CERTiFiCATE ❑ ALL OTHER REFERENCED EXHIBITS ROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES O PRIOR CONTRACT/AMENDMENfS TERM: COMMENCEMENT DATE: (J l� COMPLETION DATE: TOTAL COMPENSATION $' (fNCLUDE EXPENSES AND SALES TAX, ff' ANY) (fF CALCULATED ON HOUR Y LAB I-IARGE - ATTACH SCHEDULES OF EMPLOYEES Tf1'LES AND HOL[DAY RATES) REIMBURSABLE EXPENSE_ � O tv0 [�' 1'ES MAXIMUM DOLLAR AMOU3�JT: $ IS SAi..ES TAX OWED . YES O NO (F YES, $ PAID BY: O CONTRACTOR O CITY O PURCHASING: PLEASE CHA�TO: 346- �yD�- l� S`�� 3C� -C� /D t0. CONTRACT REVIEW ,�(PROJECT MANAGER (,�'DIRECTOR lyfvrw�N ,�SIGNATORY (C ACM, oR DtxECTOR) ❑ RISK MANAGEMENT (tF appLtC,4sLE) 1 " ` �'AW IAL/ DAT REVIEWED INITIAL/ DATE APPROVED 3 $ �/(7 _ l 1. CONTRACT SIGNATURE ROUTING ENTTO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ATTAGH: SIGNATUREAUTHORITY, INSURANCECERTIFICATE,LICENSES,EXHIBITS �-� tr� L,ct w u c o P� �'D Se H� �J �, / DATE SIGNED .{.�, U e�r �nat.a u e ❑ LAW DEPARTMENT � � " �'-� � SIGNATORY �vl ACM, OR DIRECTORj Qt�/ .Iw► ��i�S�/d�r0 .3f '�'J �Ti'YCLERK �� ASSiGNED AG# AG# � Q- 03q I�SIGNED COPY RETURNED DATE SENT: 3• ��j. �a :OMMEN'I'S: ,�aree�eK�' �t' �ewrnva� o� 3 �r l��idar�S = L ` 4/9