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AG 13-128RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: 2. ORIGINATING STAFF PERSON: EXT: 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT � SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG D REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. sormxEEi.nx�DDOCU�TS� � ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT OTHER � INTERLOCAL 5. PROJECTNAME: � Or-�`}i.tq�l�' C��O��l �-tA'}' 6. NAME OF CONTRACTOR: -�, �� 1 r tiw►�i (�u,i;�G,I Q/y� tT � c..}a aln cSI� �.� A ADDRESS: 3C-�.�t�3 � u►� �1, v.�G.• LEPHONE at�l�- h0� O E-MAIL: G.'S �,:° Z�'� Ga r FAX• SIGNATURE NA�: .�r' TITLE f��. �(l�Jr � a�Yl�� 511F�O��n. 7. EXHIBITS AND ATTACHMENTS: O SCUA�, WORK OR SERVICES ❑ COMPEI�iSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS � PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMNIENCEMENT DATE: COMPLETION DATE: � I�1 I, 00 _ 9. TOTAL COMPENSATION $ � (INCLUDE E3CPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TTI'LES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ��S ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ 1'ES O NO IF YES, $ 0 PURCHASING: PLEASE GHARGE TO: 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR o RISK MANAGEMENT {IF nPPLICABLE) ❑ LAW PAID BY: O CONTRACTOR ❑ CTTY 11. COUNCILAPPROVAL (IF �PLIC�,sLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS AW DEPARTME IGNATORY (�R DIRECTOR� �IT'Y CLERK ASSIGNED AG# SIGNED COPY RETURNED COMMENTS: INIT L / DATE SIGNED � 1�1, �T3 � -�� � � ��� _ C.+''� l,o • 20 � I 3 AG# � �.� � Q� DATE SENT �p • �► � � :�� �� 1�_� � 11/9 TOYS "R" US VACANT LAND LEASE AGREEMENT This Lease Agreement ("Agreement") is dated effective this 19th day of June, 2013. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation, ("City") and the FIJI MULTICULTURAL ASSOCIATION OF WASHINGTON, a Washington nonprofit corporation ("Association"}. RECITALS A. The Association is sponsoring a Northwest Global Fest in Federal Way beginning June 20, 2013 through June 23, 2013. B. The Federal Way City Council approved the recommendation from the Lodging Tax Advisory Committee to appropriate $9,000 as a Tourism Enhancement Grant for the Northwest Global Fest because the event is related to tourism. C. On June 12, 2013, the Association learned that the site, previously made available to them for the Northwest Global Fest, was no longer available. D. T'he Association was unable ta timely secure another location within the City of Federal Way. E. Lorax has a contract with the City of Federal Way to design the Performing Arts and Conference Center on the site, but does not object to the Association's temporary use. F. The Federal Way City Council determined that it is in the best interest of the citizens to allow the Northwest Global Fest to occur in June 2013, and approved the terms as outlined below. NOW, THEREFORE, the Parties agree as follows: 1. Premises. The City, as fee owner of certain real property described in Exhibit "A", does hereby agree to lease to the Association and the Association does hereby agree to lease from the City, the Premises described in Exhibit "A" attached hereto and incorporated herein by this reference, constituting a vacant lot in Federal Way, WA 98003, commonly known as the former Toys "R" Us site. The Association agrees to use the Premises for the purpose of the Northwest Global Fest open to the public. 2. Term. This Agreement shall be for the June 19, 2013 through June 25, 2013. 3. Rent. During the Term of the Agreement, the Association shall pay to the City as rent for the use of the Premises One Hundred and No/100 ($100.00). The payment shall be due June 21, 20I3. 4. Possession. Beginning on June 19, 2013, the Association shall be entitled to possession of the Premises for the event from June 19, 2013 through June 25, 2013. 5. Tazes. The Association is responsible for a11 applicable taxes. 6. Indemnitv/Insurance. (a) The City shall not be liable for any injury to any person, or for any loss of or damage to any property (including property of the Association, occurring in or about the Premises from any cause whatsoever. The Association shall hold and save the City harmless from any and all losses, damages, Iiabilities, or expenses (including attorneys' fees and other expenses of litigation) resulting from any actual or alleged injury to any person, and/or from any actual or alleged loss of or damage to any property, occurring in or about the Premises from any cause whatsoever. (b} The Association shali, at its own expense, maintain proper liability insurance with a reputable insurance company or companies in the minimum amount of One Million and No/1Q0 Dollars ($1,000,000.00) per incident and in the minimum amount of Two Million and No/100 Dollars ($2,000;OOO.QO) annual aggregate to indemnify both the City and the Association against any such claims, demands, losses, damages, liabilities, or expenses. Funtastic Rides Company, Inc. an Oregon Corporation agrees at its own expense to maintain proper liability insurance with a reputable insurance company or companies in the minimum amount of One Million and No/100 Dollars ($1,000,000.00} per incident and in the minimum amount of Four Million and No/100 ($4,000,000.00) annual aggregate to indemnify both the City and the Company against any such claims, demands, losses, damages, liabilities, or expenses. The City sha11 be named as additional insured on both policies and shall be furnished with a copy of the certificate of insurance, which shall bear an endorsement that the same shall not be canceled except upon 3Q days prior written notice to the City. (c) The Association agrees that it will not do nor permit to be done in or about the Premises any act or thing which will invalidate any insurance thereon. 7. Inspection. The City shall inspect the Premises at the close of the event. 8. Attornev Fees. In the event either of the Parties defaults on the performance of any terms of this Agreeme�t 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 shali be King County, Washington. 9. Notices. All notices herein provided or permitted to be given by either the City or the Association to the other may be given by enclosing the same in a sealed envelope properly addressed to the other and depositing the same, registered with postage prepaid thereon, in the United States Post Office, and service shall be deemed complete at the time of such deposit. For the purpose of this section, the address of the Association shall be 30403 24�' Ave. SW, Federal Way, WA 98023, and the address of the City shall be 33325 8th Ave. S., Federal Way, WA 98003, subject to the right of either party to designate by notice in writing to the other a new address to which said notice shall be sent. 10. Signature Authoritv. It is hereby acknowledged that the Association's signatory of this Agreement has the authority to so sign and bind the Association in its entirety. 11. General Provisions. This Agreement contains all of the Agreements between the City and the Association with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement, including this provisian, may be amended or modified except by written agreement signed by the Parties. 12. Headings. The headings herein contained are inserted only as a matter of convenience and for reference and in no way define,limit, or describe the scope of intent of this Agreement or in any way affect the terms and provisions hereof. 13. Severabilitv. If any provision of this Agreement is held invalid for any reason whatsoever, such invalidity shall not affect any other provision which can be given effect without the invatid provision, and to that end, provisions of this Agreement are declared to be severable. DATED the day and year set forth above. CITY OF FEDERAL WAY By: ' Skip Priest, yor. 33325 8�' Ave S Federal Way, WA 98003 ATTEST: + Caroi McNeilly, CMC City Clerk APPROVED AS TO FORM: �Gi�v l/� • ����vr.�, Patricia A. Richardson City Attorney FIJI MULTICULTURAL AS50CIATION OF �VASHINGTON By: . eshwaz Singh, President Fiji Multicultural Association of Washington 30403 24�' Ave. SW Federal Way, WA 98023 206-431-0860 STATE OF WASHINGTON ) ) ss. COUNTY OF �_ � On this day personally appeared before me Kamleshwar Singh, to me known to be the President of Fiji Multicultural Association of Washington that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntazy 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 instnunent and that the seal affixed, if any, is the corporate seal of said corpora.tion. GIVEN my hand and official seal this � day of � , 2013. ����������������i ���� �-•(NN C ���ii ��```������aN ������� � / S / _ �� �oT'�i.A'�''.,� �% d/printed nam of notarY) �- � -•- : � Notary Public in and for the State f Washington. � v��'�,, '0ve��° =' p= My commission expixes �, 1 �� ,t � ii�� �9�� �,,4120;�,,. ��'= � j�,�' p; W +� �``�� �xxlBiT a �e� LEASE AGREEMENT EXHIBIT A LEGA,L DESCRIPTION OF PROPERTY LOT 3 OF SURVEY RECORDED IN VOLUME 52 OF SURVEYS, PAGE 220, UNDER RECORDING NiJNlBER 8612129019, IN KING COUNTY, WASHINGTON [Tax Parcel No. 092104-91661; TOGETHER WITH EASEMENTS FOR VEHICULAR AND PEDESTRIAN ACCESS AND PARKING AS CRFATED UNDER RECORDING NUMBER 8612191598 AND AS MODIFIED UNDER RECORDING NUMBER 8704071270. K:�agreements\cd�20131Fiji Multicultural Assoc — Toys R Us site(2) INDEMNIFICATION AGREEMENT This Indemnification ("Agreement") is dated effective 18th day of June, 2013. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Fun-Tastic Ride Co., Inc., a�ashington Corporation ("Fun-Tastic"). A. Fiji Multicultural Association, a Washington non-profit corporation ("Association") wishes to lease City owned property commonly known as the former Toys "R" Us site, described in Exhibit "A" and incorporated herein by reference and the City wishes to cooperate by allowing the Association to use its property; B. The City and the Association have entered in to a lease agreement ("Agreement") dated June �� 2013, and is incorporated herein by this reference. C. The Association wishes to provide amusement rides and games entertainment through Fun-Tastic from June 20 through June 23, 2013 for the Northwest Global Fest ("Event"); D. Fun-Tastic will be allowed to enter onto the property on June 19 for set up and remain there until tear down on June 24, 2013; and NOW, THEREFORE, the Parties agree as follows: 1. Indemnification. In consideration of the City authorizing its use of the former Toys "R" Us Site ("Site") and the Agreement, Fun-Tastic agrees to indemnify and hold the City, 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 Agreement between the Association and the City for the use of the Site relating to the Event. 2. Insurance. As outlined in the City's Agreement with the Association, Fun-Tastic, a Washington Corporation agrees at its own expense to maintain proper liability insurance with a reputable insurance company or companies in the minimum amount of One Million and No/100 Dollars ($1,000,000.00) per incident and in the minimum amount of Four Million and No/100 ($4,000,000.00) annual aggregate to indemnify both the City and the Association against any such � � -1- claims, demands, losses, damages, liabilities, or expenses. The City shall be named as additional insured on the policy and shall be furnished with a copy of the certificate of insurance, which shall bear an endorsement that same shall not be canceled except upon 30 days prior written notice to the City. 2. 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. T'his 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 declared invalid or illegal shall in no way affects 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 the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall 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: _...-' � Skip P ' st, Mayor 33325 8�' Ave S ATTEST: � City Clerk, axol McNei ly, C C APPROVED AS TO FORM: ��' - City Attorney, Patricia A. Richardson Federal Way, WA 98003-6325 -2- FLTN-TASTIC RIDE CO. By: Qau���LS (Signature) Ronald E. Burback (Name) Its: President (Title) 3407 SE 108�' Ave Portland. OR 97266 (Address) (503) 761-0989 (Phone) STATE OF � � � � ° ^' ) ) ss. COUNTY OF � � ��+-���+�r�) On this day personally appeared before me Ro � o� ����+c.0 nc�to me known to be the ��G.FS � aE.•-�t of Fun-Tastic Ride Co. 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. T!� GIVEN my hand and official seal this �$ day of �v ... G' OFFiCW. SEAL MARK l SKO(3WND NOTARY PUBI.IC-OR6Q4M COMI►MSSION NO. 455509 MV COMMiSS10N EXPIRES FEBRUARY 19, 2015 K:agreements\cd�2013�indemnification Agreement — fantastic 2013. �''�l �- • K�oG �..�. .,., b (typed/printed name of notary) Notary Public in and for the State of °�F-Go :� My commission expires 2� 9�2 c� t S� -3- EXHIBIT A LEGAL DESCRIl'TION OF PROPERTY LOT 3 OF SURVEY RECORDED IN VOLUME 52 OF SURVEYS, PAGE 220, UNDER RECORDING NUMBER 8612129019, IN KING COUNTY, WASHINGTON [Tax Parcel No. 092104-9166]; TOGETHER WITH EASEMENTS FOR VEHICULAR AND PEDESTRIAN ACCESS AND PARKING AS CREATED UNDER RECORDING NUMBER 8612191598 AND AS MODIFIED UNDER RECORDING NUMBER 8704071270. -4-