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AG 13-130RETURN TO: EXT: � � CITY OF FEDERAL WAY LAW DEPARTMENT RQUTING FORM l. ORIGINATING DEPT./DIV: P�(Z..�� 2. ORIGINATING STAFF PERSON: _�� '�-1 �IMc.v� EXT: �_ 3. DATE REQ. BY:_ 4. TYPE OF DOCLJMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) � PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROF�SSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT � HUMAN SERVICES / CDBG � REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT �E.G. BOND RELATED DOCCTivib'NTS) O ORDINANCE u x��ut,uiivN ❑ CONTRACT AMENDMENT (AG#): � INTERLOCAL �1 OTHER �RL� 5. PROJECT NAME: 6. NAME OF CONTRACTOR: Cl-�clor�.��.�... 3�-r.�� L� �: � �5�� ��-� - ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME- � G,�_ i�c.r-1� TITLE l�1�'^�-�,� '- 6 7. EXHIBITS AND ATTACF�IENTS: ❑ sCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURP,NCE REQUIREMENTS/CERTffICATE ❑ ALL OTHER REFERENCED EXHIBTI'S � PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: �I� �I /� � COMPLETION DATE: �� S 6 I� 9. TOTAL COMPENSATION $ N� V'� (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: � YES ❑ r10 �F YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: 0 CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (�F P,PpL�CABLE) ❑ LAW 0 II�IITIAL / DATE REVIEWED ������i � _ INITIAL / DATE APPROVED 11. COUNCILAPPROVAL(IF.a,PPL�CASLE) CONIMITIEEAPPROVALDATE: COUNCII,APPROVALDATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ,,�! LAW DEPARTMENT � SIGNATORY (M.aYOx ox D�crox .� CITY CLERK ,�(ASSIGNED AG# �( SIGNED COPY RETURNED INITIAL / DATE SIGNED � . CQ� L�_ �0•�•r AG# 3"'I DATE SENT: (o-20�L� COMMENTS: � �r� i � - 1/9 MEMORANDUM OF UNDERSTANDING BETWEEN CELEBRATION SENIOR LIVING ASSOCIATES LIMITED PARTNERSHIP AND THE CITY OF FEDERAL WAY, WASHINGTON THIS MEMORANDUM OF UNDERSTANDING (the "MOU") is made effective as of the 1 St day of July, 2013 by and between the City of Federal Way ("City"), a Washington Municipal Corporation, and Celebration Senior Living Associates Limited Partnership, a Washington limited partnership ("CSLALP"). WHEREAS, CSLALP is the fee simple owner of certain real property located at 32723 Pacific Highway South, Federal Way, WA 98003 sometimes known as the "Old Dunn Lumber Site" (the "Property") and consisting primarily of an asphalt parking lot (the "Parking Lot"). WHEREAS, the City desires to provide parking for the upcoming 4th of July Red, White and Blues Festival (the "Event") at Celebration Park across from the Property, and CSLALP is willing to make the Parking Lot available for such purpose, subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed and covenanted, by and between the parties to this MOU, as follows: The general public is authorized to enter onto the Property and to use the Parking Lot located thereon for vehicular parking on July 4, 2013, for the purpose of attending or participating in the Event during the hours from 4:00 p.m. to 11:00 p.m. on said date. 2. The City shall direct ingress and egress to and from the Property, shall direct vehicular parking on the Parking Lot and shall be allowed to charge a parking fee in an amount to be determined by the City in its sole discretion to help offset the cost of providing such additional parking for the Event. 3. The City covenants that the Property and the Parking Lot will be clear of garbage and debris before and following the Event and that cleaning will be accomplished by 5:00 p.m. on July 5, 2013. 4. The City shall be allowed to remove the gate that is located on the west side of the Parking Lot before the Event to provide access to vehicles from 13�' Place South and will replace the gate following the Event. The City also shall be allowed to remove the gate located on the east side of the Parking Lot to provide an exit out onto Pacific Highway South at the conclusion of the Event and will replace the gate following the Event. 5. The Event is a City sponsored event, and therefore, the City has agreed that in relation to the pazking, the City's insurance will provide coverage for any use of the Property or the Parking Lot in accordance with this MOU. 6. CSLALP does not represent or warrant that the Property, the Parking thereof is suitable for the intended use as contemplated in this MOU, any such determination shall be the sole responsibility of the City. or the condition and, accordingly, 7. The City shall indemnify and hold harmless CSLALP and its partners from and against any and all liability, damages, and claims (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may arise as a result of the use of the Property or the Parking Lot by the general public or by the City, its employees, agents, or contractors, as contemplated in this MOU. 8. This MOU contains the entire understanding and agreement of the City and CSLALP with respect to any matter covered or mentioned in this MOU. The undersigned representatives of the City and CSLALP have the requisite power and authority to execute and deliver this MOU on their behalf. IN WITNESS WHEREOF, the duly authorized representatives of the City and CSLALP have executed this MOU effective as of the day and year first written above. AP OVED AS TO ORM: o ,( � Crty Atto y Patricia A Richardson CITY OF FEDERAL WAY M �� Ey: Cary M. Roe, .E., Director of Pazks, Public Works and Emergency Management 33325 8�' Ave S Federal Way, WA 98003 ATTEST: ` City Clerk, Carol McN illy, CMC 2 CELEBRATION SENIOR LIVING ASSOCIATES LIMITED PARTNERSHIP By: Celebration Senior Living Development Associates, LLC, its General Partner B �. �� y. Bryan M. Park, Manager STATE OF WASHINGTON ) • ) ss. COUNTY OF ) On this day personally appeared before me Bryan l�i. Park, to me known to be the Manager of Celebration Senior Living Development Associates, LLC, the General Partner of Celebration Senior Living Development Associates Limited Partnership, the limited partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited partnership, for the uses and purposes therein mentioned. GIVEN my hand and official seal this ���/" day of �J'�%.P , 2013. � aotary Pu61ic �/r f y9 �- �• U��� State of Washinpton CRISTA L STEEPY (typed/pTinted narile of notary) My Appointm�nt Expires Sep 28, 2ots Notary Public in and for the State of Washington. My commission expires �— 2�- ZU1 �v 3 "3{`.i��`? 4� �6�+1.1� �Oiys^I^cDVV Tf�� `?tS'C 1�Qs? ` ;�.fs1` � ,. i�=i +,4' .. .,���t �� �,�1..^, . ;[,t: �