AG 14-027 I I RETURN TO: Casey Jones EXT: 6713
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
. ORIGINATING DEPT./DIV: PD
. ORIGINATING STAFF PERSON: CASEY JONES EXT: 6713 3. DATE REQ.BY: DEC 2018_
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
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
X CONTRACT AMENDMENT(AG#):_14-027_ ❑ INTERLOCAL
❑ OTHER
. PROJECT NAME: POLICE DEPARTMENT DOWNTOWN SUBSTATION
NAME OF CONTRACTOR: BALLI ROAD,LLC
ADDRESS: 31620 23"°AVE SOUTH#200,FEDERAL WAY,WA 98003 TELEPHONE 253-214-2141 JOHN HUNT
E-MAIL: JHUNT@PWRPROP.COM FAX:
SIGNATURE NAME: PATRICK RHODES TITLE MANAGER
EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES x PRIOR CONTRACT/AMENDMENTS
. TERM: COMMENCEMENT DATE: 01-01-2019 COMPLETION DATE: 12-31-2020
TOTAL COMPENSATION$` ' CVJPDS,(300F( �
Crh (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY L;ABUK CHARGE-ATTAC SCHEDULES O EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE
❑ PURCHASING: PLEASE CHARGE TO: O d t. -a( 00 - 1q - ,"21.3y -"I 5-9...
0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW Zc, 10I(DI I l g
1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
2. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION 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
. .1_,.AW DEPARTMENT / ! (Tj
SIGNATORY(MAYOR OR DIRECTOR) .--j �.,. / / ,
CITY CLERK Cti all�t
ASSIGNED AG# AG# t�{-Cza1 C
SIGNED COPY RETURNED liAtiV DATE SENT: 1 a c„,\g -
;OMMENTS:
Wk&' 3(t , Ve0se 6eirots eh/AS . Wt 51teohl uht Ait Ugo(a44 S<- -Fixe,, -k & I tw 1-015e-.
1 001 R
CITY OF CITY HALL
' ... Fe d e ra I Way Feder 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www cityoffederalway.corn
AMENDMENT NO.3
TO
LICENSE AGREEMENT
BETWEEN BALLI ROAD, LLC and THE CITY OF FEDERAL WAY
This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal
corporation ("City" or "Licensee"), and BALLI ROAD, LLC, a Washington Limited Liability Company
("Licensor"). The City and Licensor(together"Parties"), for valuable consideration and by mutual consent of the
Parties, agree to amend the original Agreement for police office space dated January 22, 2014, as amended by
Amendment Nos. 1 and 2 as follows:
WHEREAS, Licensor is the owner of certain real property that includes office space containing fixtures and
equipment located at 31620 23rd Ave South, Suite#102, Federal Way, WA 98003 (The"Property"); and
WHEREAS, the City's police department needs an indoor office facility to use as a downtown substation; and
WHEREAS,Licensor has agreed to permit Licensee to use the Property for such police office use subject to certain
conditions; and
WHEREAS, the City's police department occupied the office space beginning February 1, 2014; and
WHEREAS,the Licensee desires to use the Property,subject to the terms and conditions provided for herein. The
parties extended the lease term to January 31, 2017 (AMENDMENT No. 1) and then again from that date to
December 31, 2018 (AMENDMENT No. 2).
NOW,THEREFORE,for good and valuable consideration,the receipt of which are hereby acknowledged and the
terms of which are hereinafter outlined, the parties agree to the following amendments:
1. The License Term shall be amended to remain in effect until December 31, 2020.
2. Licensee shall pay the Licensor rent in the amount of$3000 per month commencing January 1,2019 for
use of the Property during the amended term of this agreement.
3. Licensor may not terminate this Agreement early for any reason. Upon natural termination of the License
on December 31,2020, Licensee shall quietly and peaceable surrender the Licensor's Property in a manner
that fully complies with all applicable state,federal,or local statute,regulation,or ordinance and will leave
the Licensor's Property in as good condition as such Property was in at the time of Licensee's entry on the
Property under this Agreement. Furthermore, the terms of this Agreement that would, by their nature,
survive termination,including,without limitation,the terms that govern Licensee's remove obligations and
Licensee's indemnification obligations, as well as this survival provisions,will survive any termination or
expiration of the Agreement.
AMENDMENT - 1 - 3/2017
f
CITY OF CITY HALL
441/4,
4 ..... Federal Way 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www cityoffederaiway corn
4. All notices,demands,or requests required or permitted to be given under this Agreement shall be hand-
delivered or sent by mail, return receipt requested and addressed to the parties as follows:
LICENSOR: Balli Road, LLC
c/o Power Property Consultants, Inc.
31620 23rd Ave South#200
Federal Way, WA 98003
Attn: John Hunt
Tel 253-214-2141
LICENSEE: Federal Way Police Department
33325 8cl,Ave South
Federal Way, WA 98003
Attn: Chief Andy Hwang
Tel 253-835-6701
5. 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. 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.
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
LICENSEE:
CITY OF FEDERAL WAY ATTEST:
F
1
By: r w / l / ft i `
T-
' e ell, Mayor ` ghanie Courtney, CMC,Ty Clerk
DATE: I0/5/Wt t APPROVED AS TO FORM:
l
J. Ryan Call, City Attorney
AMENDMENT - 2 - 3/2017
4111kihi CITY OF CITY HALL
33325
Federal Way Feder 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www cityoffederaiway corn
LICENSOR:
BALLI ' 4 AD, flio
By: 40,/ etf-0'
Printed Name: p,,44,44 A
Title: / _04
Date: /p/a/�
STATE OF WASHINGTON )
) ss.
COUNTY OF ,\‘A.0 )
f/
On this day personally appeared before me OCL,
Li
\ to me known to be the
1\X-C AA Cy of 66011 ,oaii L that executed the foregoing
instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability
company,for the uses and purposes therein mentioned,and on oath stated that he/she was authorized to execute said
instrument.
GIVEN my hand and official seal this /61 day of V L t) .,( , 200.
``.\\"`"`\111
i I /
. \,RICH
,.\\"`"`"1111 it
Notary's signature
� , ,"••ExPt" � Ii, Notary's printed name � / A,C
I
A-.. ..-i26) y RFs',,�� Z'� Notary Public in and for the Sta e of Washington.
Q=Z ° 0 Mycommission expires /0-3 1 '';G
% w 2 z . 05
ro -
////l 1q rE\ o f N"„
AMENDMENT - 3 - 3/2017
5k
COUNCIL MEETING DATE: November 14,2018 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: POLICE DOWNTOWN SUBSTATION
POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department renew the lease with
Balli Road,LLC for the Downtown Police Substation?
COMMITTEE: PRHS&PSC MEETING DATE:November 13,
2018
CATEGORY: •
Z Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Commander Casey.Jones DEPT: Police
Attachments: Staff Report
2018 Substation Amendment 3
Options Considered: 1.Accept the recommendation to renew the lease.
2. Reject the recommendation to renew the lease.
MAYOR'S RECOMMEND ION: Mayor recommends Option#1
l
MAYOR APPROVAL: . //// r e u�, �j j1 DIRECTOR APPROVAL: 0« 1/18
co mi e Council �j7 Initial/D to
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION:I move to forward the proposed Agreement to the November 20, 2018 consent
agenda for approval.
fit) 1
Committee Chair Committee Member Com p ,' -e Member
PROPOSED COUNCIL MOTION: "I move approval of Amendment No. 3 with Balli Road, LLC for the Police
Downtown Substation Lease Agreement, effective January 1, 2019 through December 31, 2020 with a total
compensation of$3,000 to be paid monthly, and authorize the Mayor to sign said agreement."
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
UNAIL VT 1 ' \`\e .�/
APPROVE 1 \1,Wu COUNCIL BILL#
DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—12/2017 RESOLUTION#
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 13, 2018
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Lease renewal of Downtown Police Substation
Financial Impacts:
The cost to the City for the Downtown Police Substation was included within the approved
budget under the Police Department, budget line 001-2100-111-521-34-452. Upon
completion of the agreement with the licensor, costs will be $3000 per month($36000 per
year) for a two-year lease.
Background Information:
Since 2014,the police department has leased office space (the Downtown Police
Substation) at the Park Lane Executive Center at 31620 23rd Ave South, Suite#102,
Federal Way, WA 98003.
A substation is a mini police office that has a limited number of services—computer
workstations, a call box so that citizens can report problems, meeting rooms, offices,
storage, and report writing areas. It is currently home to our Traffic Unit and Special
Operations Unit. No suspects are processed at this location.
Due to its proximity to the Federal Way Transit Center,this location is highly visible.
We have a monument sign that is visible from both South 317th Street and 23`d Avenue
South, and there is a 911 call box installed on the main entrance to the building. This
location is conveniently located so that citizens can arrive via public transit lines, on
bicycle, on foot, or in personally-owned vehicles. It is in the downtown core area with
easy access to Interstate 5 and major arterial streets.
The police department and the licensor have agreed to two prior amendments (extensions)
for our agreement at this location. This would be the third amendment (extension).
Rev.7/18
RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: POLICE DEPARTMENT
2. ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE REQ. BY: ASAP
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT(AG #): ❑ INTERLOCAL
X OTHER - LICENSE AGREEMENT
5+ PROJECT NAME: POLICE DEPARTMENT DOWNTOWN SUBSTATION
6 NAME OF CONTRACTOR: BALLI ROAD, LLC
w ...y ADDRESS: 31620 23RD AVE So., #200, FEDERAL WAY, WA 98003
E -MAIL:
SIGNATURE NAME: PATRICK RHODES TITLE: MANAGER
TELEPHONE 253 - 214 -2141- JOHN HUNT 1
FAX:
. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑
ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
8. TERM: COMMENCEMENT DATE: FEBRUARY 1, 2017 COMPLETION DATE: DECEMBER 31, 2018
9. TOTAL COMPENSATION FWPDPAYSO,500 PER MONTH INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
PAID BY: ❑ CONTRACTOR ❑ CITY
IS SALES TAX OWED ❑ YES ❑ NO IF YES, $
❑ PURCHASING: PLEASE CHARGE TO: O I • t Cep - t _ A f . 3 4 Li S
10. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW 312 G 21%3111-
11. COUNCIL APPROVAL (IF APPLICABLE) 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
❑ LA .-DEPARTMENT
PE-SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK y � � I � 416A, ❑ ASSIGNED AG# 11-1, a
❑ SIGNED COPY RETURNED
INITIAL / DAT S GNED
COMMENTS:
AMENDMENT NO. 2 TO LICENSE AGREEMENT
BETWEEN
BALLI ROAD, LLC and THE CITY OF FEDERAL WAY
THIS AMENDMENT (Amendment No. 2) is made this 1st day of February, 2017 by and
between BALLI ROAD, LLC, a Washington Limited Liability Company hereinafter referred to as
"Licensor ", and the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington
hereinafter referred to as "Licensee ". Licensor and Licensee for valuable consideration and by mutual
consent agree to amend the original License Agreement ( "Agreement ") for police office space dated
January 22, 2014, as amended by Amendment No. 1, as follows:
WHEREAS, Licensor is the owner of certain real property that includes office space containing
fixtures and equipment located at 31620 23`d Ave S, Suite 102, Federal Way, Washington 98003 (the
"Property "); and
WHEREAS, the City's Police Department needs an indoor facility to use as a downtown
substation; and
WHEREAS, Licensor has agreed to permit Licensee to use the Property for such police office use
subject to certain conditions; and
WHEREAS, the City's Police Department occupied the office space beginning February 1, 2014;
and
WHEREAS, Licensee desires to use the Property, subject to the terms and conditions provided
for herein. The parties extended the lease term on January 26, 2015 to terminate January 31, 2017.
NOW, THEREFORE, for good and valuable consideration, the receipt of which are hereby
acknowledged and the terms of which are hereinafter outlined, the parties agree to the following
amendments:
1. The License Term shall be amended to remain in effect until December 31, 2018.
2. Licensee shall pay Licensor rent in the amount of $3,500 per month commencing
February 1, 2017 for use of the Property during the amended term of this Agreement.
3. Licensor may not terminate this Agreement early for any reason. Upon natural
termination of this License on December 31, 2018, Licensee shall quietly and peaceably surrender the
Licensor's Property in a manner that fully complies with all applicable state, federal, or local statute,
regulation or ordinance and will leave the Licensor's Property in as good condition as such Property was
in at the time of Licensee's entry on the Property under this Agreement. Furthermore, the terms of this
Agreement that would, by their nature, survive termination, including, without limitation, the terms that
govern Licensee's removal obligations and Licensee's indemnification obligations, as well as this survival
provision, will survive any termination or expiration of this Agreement.
4. All notices, demands, or requests required or permitted to be given under this Agreement
shall be hand - delivered or sent by mail, return receipt requested and addressed to the parties as follows:
LICENSOR: Belli Road, LLC
c/o Power Property Consultants, Inc.
31620 23`d Ave S #200
Federal Way, WA 98003
Attn: John Hunt
Tel.: 253 -214 -2141
9
LICENSEE: Federal Way Police Department
Attention: Chief Andy Hwang
33325 8th Avenue S
Federal Way, WA 98003
Tel.: (253) 835 -6701
5. All other terms and provisions of the Agreement, together with any prior amendments
thereto, not modified by this Agreement, 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 Agreement, is hereby ratified as
having been performed under the Agreement, as modified by any prior amendments, as it existed prior to
this Amendment. The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Agreement, which is binding on the parties to the License.
IN WITNESS WHEREOF, Licensor and Licensee have executed this Amended Agreement as of
the date and year first set forth above.
LICENSEE:
CITY OF FEDERAL WAY
St le Courtney, CMC'�', Cry Clerk
LICENSOR:
STATE OF WASHINGTON
COUNTY OF V I >,
) ss.
APPROVED AS TO FORM:
J. Ryan Call, ,Acting City Attorney
On this day personalty appeared before me Patrick Rhodes, to me known to be the Manager of Balli Road, LLC 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 i str/ument
• of vial seat this (Zoi \day of v-c "`
• Notary's signature
Q.
V• O NpTAR • # Notary's printed name
• - • n. Notary Public in and for the State of Washington.
▪ 2 PUBI�G a My commission expires 01 / 07
oa,
• 1p'.107- 20:•*6`
•?
, 2017.
2
RETURN TO: A� EXT:
CITY OF FEDERAZ WAY LAW DEPARTMENT -ROUTI QJ �r z
ORIGINATING DEPT./DIV:
a�
2. ORIGINATING STAFF PERSON: N65 �()rYY a-n 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
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
X CONT CT AMENDME (AG #): 1tA - Z j ❑ INTERLOCAL
l< OTHER �� R kX71
5. PROJECT NAME: Pp\i Cl 70CADO`( -UY1 4
6. NAME OF CONTRACTOR: ``, - � 1L
ADDRESS: W Quj VjaTELEPHONER53-2P4-,-llL41
E -MAIL: FAX:
SIGNATURE NAME: G 'CAL S TITLE e
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACTT/ /AMENDMENTS
8. TERM: COMMENCEMENT DATE: -C �-'.� ' , ad I COMPLETION DATE: 3O� J 1, DO I-+
9. TOTAL COMPENSATION $ Sa . Voc) (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑
CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT /CONTRACT REVIEW
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
)kLAW
INITIAL/ DATE REVIEWED INITIAL /DATE APPROVED
11. COUNCILAPPROVAL (IF APPLICABLE) 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
INITIAL/ DATE SIGNED
LAW DEPARTMENT a`1Q C 12,14 94
❑ CHIEF OF STAFF
A SIGNATORY (M4 YOR OR DIRECTOR)
CITY CLERK I a
VASSIGNEDAG# AG#
,, SIGNED COPY RETURNED DATE SENT: P-111 J Ar- C G ; ACS �-
COMMENTS: L-Forvo- ' l-r
F,
17
i
AMENDMENT NO. 1 TO LICENSE AGREEMENT
BETWEEN
BALLI ROAD, LLC and THE CITY OF FEDERAL WAY
�!
THIS AMENDMENT (Amendment No. 1) is made this �tday of 1 A F1/i rl A y , 2014) �
by and between BALLI ROAD, LLC, a Washington Limited Liability Company hereinafter referred to as
"Licensor", and the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington
hereinafter referred to as "Licensee ". Licensor and Licensee for valuable consideration and by mutual
consent agree to amend the original License Agreement ( "Agreement ") for police office space dated
January 22, 2014.
WHEREAS, Licensor is the owner of certain real property that includes office space containing
fixtures and equipment located at 31620 23rd Ave S, Suite 102, Federal Way, Washington 98003 (the
"Property "); and
WHEREAS, the City's Police Department needs an indoor facility to use as a downtown
substation; and
WHEREAS, Licensor has agreed to permit Licensee to use the Property for such police office use
subject to certain conditions; and
WHEREAS, the City's Police Department occupied the office space beginning February 1, 2014;
and
WHEREAS, Licensee desires to use the Property, subject to the terms and conditions provided
for herein.
NOW, THEREFORE, for good and valuable consideration, the receipt of which are hereby
acknowledged and the terms of which are hereinafter outlined, the parties agree to the following
amendments:
1. The License Term shall be amended to remain in effect until January 31, 2017.
2. Licensee shall pay Licensor rent in the amount of $3,400 per month commencing
February 1, 2015; the rental feel shall increase to $3,500 per month commencing February 1, 2016, for
use of the Property during the amended term of this Agreement.
3. Licensor may not terminate this Agreement early for any reason. Upon natural
termination of this License on January 31, 2017, Licensee shall quietly and peaceably surrender the
Licensor's Property in a manner that fully complies with all applicable state, federal, or local statute,
regulation or ordinance and will leave the Licensor's Property in as good condition as such Property was
in at the time of Licensee's entry on the Property under this Agreement. Furthermore, the terms of this
Agreement that would, by their nature, survive termination, including, without limitation, the terms that
govern Licensee's removal obligations and Licensee's indemnification obligations, as well as this survival
provision, will survive any termination or expiration of this Agreement.
4. All notices, demands, or requests required or permitted to be given under this Agreement
shall be hand - delivered or sent by mail, return receipt requested and addressed to the parties as follows:
LICENSOR: Balli Road, LLC
c/o Power Property Consultants, Inc.
3162023 rd Ave S #200
Federal Way, WA 98003
Attn: John Hunt
Tel.: 253 - 214 -2141
i
LICENSEE: Federal Way Police Department
Attention: Commander Chris Norman
333258 th Avenue S
Federal Way, WA 98003
Tel.: (253) 835 -6732
5. All other terms and provisions of the Agreement, together with any prior amendments
thereto, not modified by this Agreement, 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 Agreement, is hereby ratified as
having been performed under the Agreement, as modified by any prior amendments, as it existed prior to
this Amendment. The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Agreement, which is binding on the parties to the License.
IN WITNESS WHEREOF, Licensor and Licensee have executed this Amended Agreement as of
the date and year first set forth above.
LICENSEE:
CITY OF FEDERAL WAY
By:
I i� 16 rel ayor
ATTEST:
tep a ie Courtney, CMC, City CI �
LICENSOR:
BALLI ROAD, LLC
By: z ---_
Patrick'Rffo_ es, Manager
STATE OF WASHINGTON )
ss.
COUNTY OF � )
APPROVED AS TO FORM:
kw Amy Jo Pearsall, City Attorney
fit
l4 �C%
N : oe
i 4 4 10, °OB`�G
� aa�31 -16 .,F* 0
�i �au��aa�"
0 `WASN`NG.S-
On this day personally appeared before me Patrick Rhodes, to me known to be the Manager of Balli Road, LLC 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.
d-Di 5
GIVEN my hand and official seal this,_ day of an a GZ(,�L( 2&t#'
Notary's signature
Notary's printed name L
Notary Public in and for the State of Washington.
My commission expires /6) -3-/- /�
RETURN TO: Rea + kw Ar EXT: 23� l-
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: U", ( Ck
2. ORIGINATING STAFF PERSON: ftw I � yftyr sa I EXT: 3. DATE REQ. BY:
4.
5.
6.
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
• REAL ESTATE DOCUMENT
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
• ORDINANCE
❑ RESOLUTION
• CONTRACT AMENDMENT (AG #):
❑ INTERLOCAL
A OTHER L I cE uSe Any* I IMjn+
PROJECT NAME: 'PoWce (j0.AY4JAV
nA a.�,n Su�S'�'�� iz ►
NAME OF CONTRACTOR: O-tl i t,L
ADDRESS: 1 Yiv2 TELEPHONE ZS3 214 - ZINL
E- MAIL: FAX:
a rj Q e r-
SIGNATURE NAME C E
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
S. TERM: COMMENCEMENT DATE: Z I l I COMPLETION DATE: 1 I31 I I S
9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE. ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED
Cl YES ❑ NO IF YES, $
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT /CONTRACT REVIEW
• PROJECT MANAGER
• DIRECTOR
• RISK MANAGEMENT (IF APPLICABLE)
XLAW Vla C (Vgt1
11. COUNCIL APPROVAL (IF APPLICABLE)
PAID BY: ❑ CONTRACTOR ❑ CITY
INITIAL/ DATE REVIEWED INITIAL/ DATE APPROVED
AV
COMMITTEE APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING 1 13ollo
❑ SENT TO VENDOR/CONTRACTOR DATE SENT:
( 1LI
COUNCII. APPROVAL DATE: ` Z�
DATE REC'D: 2' 11 I I 1
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
LAW DEPARTMENT
IGNATORY (MAYOR OR DIRECTOR)
CITY CLERK
SSIGNED AG#
rN'
IGNED COPY RETURNED
INITIAL /DATE SIGNED
l 2•
AG# I H - A2.1
DATE SENT: Z • 1 Z• 1
COMMENTS:
11/9
LICENSE AGREEMENT
BETWEEN
BALLI ROAD, LLC and THE CITY OF FEDERAL WAY
THIS AGREEMENT ( "Agreement") made this 22nd day of January, 2014, by and between BALLI
ROAD, LLC, a Washington Limited Liability Company hereinafter referred to as "Licensor", and the CITY
OF FEDERAL WAY, a municipal corporation of the State of Washington hereinafter referred to as
"Licensee."
WHEREAS, Licensor is the owner of certain real property that includes a vacant office space
containing fixtures and equipment located at 31620 234 Ave S, Suite 102, Federal Way, Washington
98003 (the "Property"); and
WHEREAS, the City's Police Department needs an indoor facility to use as a downtown
substation; and
WHEREAS, Licensee believes that the Property will be sufficient to accommodate a downtown
substation within the existing retail space within the Property; and
WHEREAS, Licensor has agreed to permit Licensee to use the Property for such police office use
subject to certain conditions; and
WHEREAS, Licensee desires to use the Property, subject to the terms and conditions provided
for herein.
NOW, THEREFORE, for good and valuable consideration, the receipt of which are hereby
acknowledged and the terms of which are hereinafter outlined, the parties agree as follows:
1. Licensor hereby grants to Licensee a temporary, non - perpetual, non - exclusive license
(the "License ") to occupy and use a portion of the Property for use as a substation of the Federal Way
Police Department, Licensee's use of the Property shall be in compliance with any and all conditums of
any applicable permits, licenses and other governmental and regulatory approvals and in compliance with
all applicable laws, statutes, and governmental rules and regulations. This License will be used by
Licensee and its - employees, agents, and representatives, subject to aB the terms and conditions of this
Agreement.
2. Licensee shall not be required to pay Licensor rent for the use of the Property during the
term of this Agreement.
3. Licensee shall not be required to pay for electric utilities associated with the lighting
and /or heating of the Property during the term of this Agreement.
4. Licensor hereby grants to Licensee the non- exclusive right and privilege to enter on the
Property for the purposes set out herein. Licensee's use of the Property shall be conducted in a manner
whereby it will not preclude or interfere with Licensor's use of the Property and /or any adjacent property.
In addition, Licensee agrees that the retail space will be available to Licensor with 24 hours' notice to
Licensee for the purpose of showing the space to potential renters.
5. The Property may be used by Licensee solely for the purpose described in paragraph 1
herein, during the License Term which shall be limited to the days commencing on February 1, 2014 and
ending on January 31, 2015. If at any time during the course of this License Agreement the retail space
is rented to a new renter, Licensor may choose to allow Licensee to utilize similar retail space within the
Property subject to the same conditions listed in this License Agreement.
6. Licensee agrees that it shall use the Property for only the stated purposes and no other
purpose. Licensee shall be solely responsible for undertaking the activities on the Property in a safe,
secure and careful manner without waste or damage to the Property or improvements thereon. Licensee
will not be a nuisance or menace to other tenants in the Building and shall not in any way interfere with
the quiet enjoyment of such other tenants. Additionally, Licensee shall clean up and remove any debris
created by such activities prior to the termination of the Term of this License. Licensee hereby
acknowledges and agrees that it has inspected the Property and examined all conditions thereon relative
to Licensee's use thereof, and that Licensor makes no, and expressly disclaims, any -warranty or
representation as to the condition of Property, its safety or suitability for Licensee's intended activities, or
as to any improvements thereon, whether express, implied or arising by operation of law, including,
without limitation, any warranty of fitness for any particular purposes.
7. Notwithstanding anything contained herein to the contrary, Licensor may terminate this
Agreement early for any reason with thirty (30) days notice upon Licensor's notification to Licensee. On
early termination of the License granted by this Agreement, as well as on the natural termination of this
License on January 31, 2015, Licensee shall quietly and peaceably surrender the Licensor's Property in a
manner that fully complies with all applicable state, federal, or local statute, regulation or ordinance and
will leave the Licensor's Property in as good condition as such Property was in at the time of Licensee's
entry on the Property under this Agreement. Furthermore, the terms of this Agreement that would, by
their nature, survive termination, including, without limitation, the terms that govern Licensee's removal
obligations and Licensee's indemnification obligations, as well as this survival provision, will survive any
termination or expiration of this Agreement.
8. Licensee agrees to defend and to indemnify and hold Licensor, its parent, -subsidiaries,
affiliates, and its and their officers, directors, shareholders, agents, employees, and representatives
harmless from and against any and all losses, costs, claims, damages, and liabilities, including
reasonable attorney's fees, court costs, and fees of expert witnesses, arising from Licensee's use of the
Property and from any of Licensee's activities conducted on the Property in connection with Licensee's
use of the Property, specifically including the use and activities of Licensee's employees and invitees.
9. During the Tenn hereof, Licensee shall have in full force and effect commercial general
liability insurance with respect to Licensee's use of the Property and the activities and operations of
Licensee on the Property, with a limit for bodily injury, death, property damage and personal injury of not
less than One Million Dollars ($1,000,000.00) per occurrence. Two Million Dollar ($2,000,000) general
aggregate. A certificate of insurance shall be delivered to Licensor evidencing the coverage required
herein prior to commencing any activity on the Properly. Licensee' shall include Licensor and Licensor's
property manager, Power Property Consultants, Inc., as additional insureds on the policy.
10. Licensee may not assign its rights hereunder without first obtaining Licensor's approval,
which may be granted or withheld in Licensor's sole discretion.
11. This Agreement shall constitute the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this Agreement shall not be binding
upon either party except to the extent incorporated in this Agreement. No alteration, modification,
amendment, or waiver hereto shall be valid unless evidenced by a writing signed by both parties hereto.
12. Licensee shall not permit the roads or any driveways, sidewalks or other rights -of -way
adjacent to the Property to be obstructed or disturbed in connection with the use of the Properly.
13. Alf notices, demands, or requests required or permitted to be given under this Agreement
shall be hand - delivered or sent by mail, return receipt requested and addressed to the parties as follows:
LICENSOR: Balli Road, LLC
cto Power Property Consultants, Inc.
31620 23rd Ave S #200
Federal Way, WA 98003
Attn: John Hunt
Tel.: 253 - 214 -2141
LICENSEE: Federal Way Police Department
Attention: Commander Chris Norman
33325 8"' Avenue S
P.O. Box 98063 -9718
Federal Way, WA 98003
Tel.: (253) 835 -6732
14. The failure of either party to this Agreement to insist upon the performance of any of the
items and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of
this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same
shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
15. The invalidity of any portion of this Agreement will not and shall not be deemed to affect
the validity of any other provision. In the event that any provision of this Agreement is held to be invalid,
the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had
been executed by both parties subsequent to the expungement of the invalid provision.
16. This Agreement may be executed in one (1) or more counterparts, all of which taken
together shall constitute one (1) instrument and constitutes the entire Agreement between the parties as
to the subject matter herein described.
17. Licensee has inspected the Property and accepts the space in its current state "as -is."
Licensee, at Licensee's sole cost, will be responsible for all improvements, repairs and maintenance in
the Property during their tenancy.
18. Licensee, at Licensee's sole cost, may install signage. Licensor will review and approve
signage and proposed location prior to signage installation. At the end of the tenancy, whether by natural
or early termination, Licensee, at Licensee's sole cost, will have the signage removed and the impacted
area returned to its condition prior to signage installation.
19. Licensee is granted a non - exclusive license to use the designated parking areas in the
Project for the use of motor vehicles during the term of this Agreement. Licensor reserves the right at any
time to grant similar non - exclusive use to other tenants, to promulgate rules and regulations relating to
the use of such parking areas, including reasonable restrictions on parking by tenants, employees and
invitees, to designate specific spaces for the use of any tenant, to make changes in the parking layout
from time to time, to limit Licensee's use of the parking areas to eight (8) unassigned parking stalls, and to
establish reasonable time limits on parking all at Licensor's sole discretion Aside from the stated
exception below, overnight parking is prohibited, and any vehicle of Tenant, its employees, guests or
invitees violating this or any other vehicle regulation adopted by Licensor is subject to removal without
notice at Licensee's expense. The Parties agree that two parking stalls, the selection of which is to be
mutually agreed upon by the Licensor and the Licensee, will be designated as police use only. These
stalls will be located for maximum visibility to the adjacent streets and transit center and may have a
marked patrol car present at certain times to deter criminal activity. Any and all costs associated with
markings or signage for these designated spaces will be borne by the Licensee.
IN WITNESS WHEREOF, Licensor and Licensee have executed this Agreement as of the date
and year first set forth above.
LICENSEE:
CITY OF /ERAL AY
►: J' e
ATTEST:
omzv..�.6 01:
jm
3
APPROVED AS TO FORM:
&nq /0�C "W roe,
Patricia
Rpo
ardson, City Attorney
LICENSOR:
BALLI ROAD, LLC
:r.
4., Manager
STATE OF WASHINGTON
COUNTY OF _L
) ss.
On this day personalty appeared before me Patrick Rhodes, to me known to be the Manager of Belli Road, ttC 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.
GIVEN my hand and official seal this t� day of , 2014.
Notary's signature .
Notary's printed name
tt Notary Public in and for the State of Washington.
RjCh to My commission expires /D' 3/- J!p
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Corporations: Registration Detail
Corporations Division - Registration Data Search
BALLI ROAD, LLC
Purchase Documents for this Corporation»
UBI Number
601990206
Category
LLC
Active/Inactive
Active
State Of Incorporation
WA
WA Filing Date
11/01/1999
Expiration Date
11/30/2014
Inactive Date
Duration
Perpetual
Registered Agent Information
Agent Name
PATRICK W RHODES
Address
31620 23RD AVE S STE 218
City
FEDERAL WAY
State
WA
ZIP
98003
Special Address Information
Address
City
State
Zip
Governing Persons
Page 1 of 1
Title
Name
Address
Manager
RHODES, PATRICK
FEDERAL WAY, WA
Purchase Documents for this Corporation
http: / /www.sos.wa.gov/ corps /search _ detaii.aspx ?ubi = 601990206 1/9/2014