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AG 14-088JI 1 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING 2. ORIGINATING 4. TYPE ❑ CONTRACTOR ❑ PUBLIC ❑ PROFESSIONAL ❑ GOODS ❑ REAL ❑ ORDINANCE X CONTRACT ❑ OTHER 5. PROJECT 6. NAME 7. EXHIBITS 8. TERM: 9. TOTAL REIMBURSABLE IS SALES RETAINAGE: ❑ PURCHASING: 10. DOCUMENT ❑ PROJECT ❑ DIRECTOR ❑ RISK ❑ LAW 1 1 . COUNCIL 12. CONTRACT ❑ SENT ❑ ATTACH: ❑ LAW ❑ CHIEF 'SIGNATORY ❑ CITY ❑ ASSIGNED ❑ SIGNED COMMENTS: DEPT./DIV: PARKS/BROOKLAKE STAFF PERSON: ROB E EXT: 2002 3. DATE REQ. BY: OF DOCUMENT (CHECK ONE): SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION AMENDMENT (AG #):14 -088 ❑ INTERLOCAL NAME: KARATE SCHOOL AT BROOKLAKE OF CONTRACTOR: BRYAN DAVIES ADDRESS: TELEPHONE E -MAIL: FAX: SIGNATURE NAME: BRYAN DAVIES TITLE OWNER AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS COMMENCEMENT DATE: COMPLETION DATE: 5/31/19 _5/1/15 COMPENSATION THEY PAY US (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE AMOUNT: ❑ RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED PLEASE CHARGE TO: pay us _They /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED MANAGER . MANAGEMENT (IF APPLICABLE) C-I I' APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: SIGNATURE ROUTING t �'3 j TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIG ED DEPARTMENT P. (bpi ! i ((p OF STAFF (MAYOR OR DIRECTOR) Ala efigir i CLERK , tO Illy AG# AG# 12-1- OW COPY RETURNED DATE SENT: RD -7,0"IIp Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www citvoffederahvay. corn AMENDMENT NO. 2 TO LEASE AGREEMENT FOR KARATE SCHOOL AT BROOKLAKE This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Bryan Davies, d.b.a. Kajukenbo Ge Shou Doa, a sole proprietor ( "Lessee "). The City and Lessee (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for leasing of the office space adjacent to the dance hall ( "Agreement ") dated effective May 14, 2014, as amended by Amendment No. 1, as follows: 1. AMENDED TERM. Pursuant to Section 2 of the Lease Agreement, the Lease shall be renewed for an additional three (3) year term commencing on June 1, 2015, and terminating on May 31, 2019. 2. GENERAL PROVISIONS. 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. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The 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. [Signature page follows] AMENDMENT 1 - 1/2015 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835-7000 www cityoffederalway. corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY KAJUKENBO GE SHOU DAU By: C. Brya Davies, Owner DATE: C STATE OF WASHINGTON ) COUNTY OF L ) ss. ATTEST: Iii — y Jerk, Stephanie Court , CMC APPROVED AS TO FORM: 7 �t 45nrCity Attorney, Amy Jo Pearsall On this day personally appeared before me, Bryan Davies, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN rvil.4t4 �bficial seal this Oday of , 2144_ • �``V`.o *A\%%'ON f4•.. �►�': Notary's signature / '• ry ��.��� pOTARv �d"• Notary's printed name G � ' /a �/ •�► .• �►F • �'�r 27 . My commission expires 9. 2 7' 20 /g ., 'f>F A 2T , .1.4b/c14 ` iy1,,, p • iiiN, , ��`� Notary Public in and • Vr the State of Washington. AMENDMENT 2 - 1/2015 AC'C)R' L� A,._.. -- CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 4/4/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Francis L. Dean & Associates of Colorado, LLC 9362 Teddy Lane Suite 203 Lone Tree, CO 80124 www.karateinsurance.com CONTACT NAME: PHONE (A/C, No, Ext): (800) 986 -5350 FAX No): E -MAIL don @karateinsurance.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: U.S. Fire Insurance Company 21113 INSURED SPORTS AND RECREATION PROVIDERS ASSOCIATION (PURCHASING GROUP) AND ITS PARTICIPATING MEMBERS: KAJUKENBO GE SHOU DAO 11830 SE 227TH PL KENT, WA 98031 INSURER B : SRPGP- 101 -0715 INSURER C : 5/1/2017 12:01 AM INSURERD: $ 2,000,000 INSURER E : $ 2,000,000 INSURER F: $ 1,000,000 COVERAGES CERTIFICATE NUMBER: USP207458 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF (MM /DDIYYYY) POLICY EXP (MM /DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X SRPGP- 101 -0715 5/1/2016 12:01 AM 5/1/2017 12:01 AM GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG $ 2,000,000 PERSONAL & ADV INJURY $ 1,000,000 CLAIMS -MADE X OCCUR EACH OCCURRENCE $ 1,000,000 GEN'L FIRE DAMAGE (Any one fire) $ 300.000 AGGREGATE LIMIT APPLIES PRO - POLICY n JECT PER: LOC $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTO SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accacciaccident) e/ $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED, (Mandatory in NH) it yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A WC STATU- TORY LIMITS OTH ER $ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Accident/Medical Coverage US483320 5/1/2016 12:01 AM 5/1/2017 12:01 AM AD &D MAXIMUM MEDICAL DEDUCTIBLE TERMS OF PAYMENT $ 500,000 $ 100,000 $ 250 EXCESS DESCRIPTION OF OPERATIONS t LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule if more space is equired) Covered activities: Martial Arts. Locations: 726 S 356th St, Federal Way WA 98003. Certificate Holder is named as additional insured with respect to the operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION CITY OF FEDERAL WAY 33325 8TH AVE S. FEDERAL WAY, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE GrvzzLy I wyura4"ue. Age, cg, LLG ACORD 25 (2010/05) © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD II RETURN TO: ROBE EXT:2002 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV:PARKS/BROOKLAKE 2. ORIGINATING STAFF PERSON:ROB E EXT: 2002 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 ❑ 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#):14-088_ ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME:KARATE SCHOOL AT BROOKLAKE 6. NAME OF CONTRACTOR:BRYAN DAVIES-KAJUKENBO GE SHOU DAO ADDRESS: 11830 SE 227TH PLACE,KENT WA 98031 TELEPHONE(253)874-1933 E-MAIL:BRYAN.DAVIES @KINGCOUNTY.GOV FAX: SIGNATURE NAME:BRYAN DAVIES TITLE 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 8. TERM: COMMENCEMENT DATE:MAY 1,2015 COMPLETION DATE:MAY 31,2016 9. TOTAL COMPENSATION$THEY PAY US (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 INITIAL/DATE REVIEWED INITIAL/DATE APPROVED PROJECT MANAGER GC'./ 7/r.�//r�"' ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) t ALAW G c�2vI,S L (°1ti\.c 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 INITIAL/DATE SIGNED LAW DEPARTMENT G (,13I L- ❑ CHIEF OF STAFF SIGNATORY(MAYOR OR DIRECTOR) 4. � • CITY CLERK - / L'_ T • 4-ass# A L-V13 tt "...SIGNED COPY RETURNED DATE SENT: `MAOIS M- COMMENTS: kv.i.„,yo,nu, mat, J. be . dtikA. U\ s .q. NIe wa.kmelk ouCtri5• oe,( 4= k 11/9 „A411/46, CITY OF CITY HALL 4, . Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway corn AMENDMENT NO. 1 TO LEASE/RECREATION AGREEMENT FOR KARATE SCHOOL AT BROOKLAKE This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation("City"),and Bryan Davies,d.b.a Kajukenbo Ge Shou Doa,a sole proprietor("Contractor").The City and Contractor(together"Parties"),for valuable consideration and by mutual consent of the Parties,agree to amend the original Agreement for Karate School at Brooklake ("Agreement") dated effective May 14, 2014 as follows: 1. AMENDED TERM.The term of the Agreement,as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Work and lease term,which shall expire on May 31, 2016,whichever is later("Amended Term"). 2. GENERAL PROVISIONS. 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.The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The 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. [Signature page follows] AMENDMENT - 1 - 1/2015 CITY OF CITY HALL • 33325 8th Avenue South o , ...,,. Fe d e ra I Way Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway corn IN WITNESS,the Parties execute this Agreement below, effective the last date written below. CITY OF FED • ' L WAY ATTEST: By: / � ,P ;11 ' AZ Jim '- --11, Mayor Mr C -rk, Stephanie Courtn:/p MC DATE: 3 // APPROVED AS TO FORM: IV__ei -e , ( City Attorney, Amy Jo Pearsall KAJUKENBO GE SHOU DAU - By: c l,i) . BRAES Title: 61,3-4/\, C DATE: M,cL,) c&.a, , icr 1 STATE OF WASHINGTON ) ) ss. COUNTY OFD) ) On this day personally appeared before me, Yryctrt- Utz ,to me known to be the individual described in and who executed the foregoing instrument,and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this.&day of 4 , 201 I ' w D ``+ N.�R ����h/, Notary�s signature �fit. � ( `"� ,�raa r,, "'Y �4 Notary's printed name ,. .,,, • .,,i ', t i, Eli"' oT .+;e'a, Notary Public in and for the St to of Washington. + • �,' t",% My commission expires 10 �09/00,6 s y AMENDMENT -2 - 1/2015 ACG @ DATE(MM/DD/YYVY) �... CERTIFICATE OF LIABILITY INSURANCE 6/2/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - CONTACT Francis L.Dean&Associates of Colorado,LLC NAME: PHNE 9362 Teddy Lane Suite 203 (A/c,No,Ext): (800)986-5350 FAX No): Lone Tree,CO 80124 A-MDRESS: don @karateinsurance.com www.karateinsurance.com INSURER(S)AFFORDING COVERAGE NAIC II INSURERA: U.S.Fire Insurance Company 21113 INSURED SPORTS AND RECREATION PROVIDERS ASSOCIATION(PURCHASING GROUP)AND INSURER B: ITS PARTICIPATING MEMBERS: INSURER C: KAJUKENBO GE SHOU DAO INSURERD: 11830 SE 227TH PL KENT,WA 98031 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: USP173843 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2,000,000 CLAIMS-MADE (X OCCUR PERSONAL 8 ADV INJURY $ 1,000,000 A X SRPGP-101-0415 5/1/2015 5/1/2016 EACH OCCURRENCE $ 1,000,000 12:01 AM 12:01 AM - FIRE DAMAGE(Any one fire) $ 300,000 GEN'L AGGREGATE LIMIT APPLIES PER $ PRO- TI POLICY JECT LOC AUTOMOBILE COMBINED SINGLE LIMIT UTOMOBILE LIABILITY $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS _AUTOS BODILY INJURY(Per accident) $ HIRED AUTO NON-OWNED PROPERTY DAMAGE AUTOS Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATLI- OTH AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER $ ANY PROPRIETOR/PARTNER/EXECUTIVE EACH OFFICER/MEMBER EXCLUDED' N I A EA C ACCIDENT E.L. $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ AD&D $500,000 A Accident/Medical Coverage US445102 5/1/2015 5/1/2016 MAXIMUM MEDICAL $100,000 12:01 AM 12:01 AM DEDUCTIBLE $250 TERMS OF PAYMENT EXCESS DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Covered activities: Martial Arts. Locations: 726 S 356th St, Federal Way WA 98003. Certificate Holder is named as additional insured with respect to the operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION CITY OF FEDERAL WAY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 33325 8TH AVE S. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. FEDERAL WAY,WA 98003 AUTHORIZED REPRESENTATIVE Grizzly lws{A.ra-nue,Agetcy, LLG ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PROS / f t'- m 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 • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION • CONTRACT AMENDM NT(AG #): ❑ INTERLOCAL '`X OTHER Le- - I Re-"e= , n � I�G� rte- Yr-e.w� 5. ✓PROJECTNAME: kc- r-Jle- fS�y-�'blp I G. 6. NAME OF ADDRESS: SIGNATURE NAME: 0 4w —%j u TELEPHONE: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE o ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # 11 -1i - i b `l BL, EXP. 12/31/ UBI # , EXP. —/—/— a 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: I � ''5 9. TOTAL COMPENSATION: $ :&:tl ply k �!) (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHAR E - 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, ❑ PURCHASING: PLEASE CHARGE TO: N 10. DOCUMENT/ CONTRACT REVIEW • PROJECT MANAGER • SUPERVISOR • DIRECTOR • RISK MANAGEMENT (IF APPLICABLE) • LAW DEPT INITIAL / DATE REVIEWED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: al, 12. CONTRACT SIGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED LAW DEPT CHIEF OF STAFF SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG # y¢ SIGNED COPY RETURNED \ ❑ RETURN ONE ORIGINAL COMMENTS: PAID BY: o CONTRACTOR ❑ CITY INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D:VI Z I I 11/9 CITY OF CITY HALL 33325 8th Avenue SOUth Federal Way Federal Way, VVA 98003 -6325 I N� yg X253 835-7000 sn.wt t-atkaftec�frtrt4v3yr:c�!r LEASE /RECREATION AGREEMENT FOR KARATE SCHOOL AT BROOKLAKE This Lease/Recreation Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Bryan Davies, d.b.a. Kajukenbo Ge Shou Doa, a sole proprietor ( "Contractor "). The City and Contractor (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: KAJUKENBO GE SHOU DAO: Bryan Davies 11830 SE 227t' PL Kent, WA 98031 253- 874 -1933 (telephone) The Parties agree as follows: CITY OF FEDERAL WAY: Steve Ikerd 33325 8' Ave. S. Federal Way, WA 98003 -6325 (253) 835 -6911 (telephone) .com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work and lease term which shall expire on April 30, 2015, whichever is later ( "Term "). Upon expiration of this term, Contractor shall be on a tenancy from month to month and either party hereto shall terminate this Agreement by giving thirty (30) days' written notice of its intention to terminate. This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A ", attached hereto and incorporated by this reference ( "Work "), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. LEASE /RECREATION AGREEMENT - 1 - 4/2011 CITY of CITY HALL �' 33325 8th Avenue South Federal Way, 'AA 98003 -6325 (253) 835 - 7000 6Yt > %4V: t:FtL"Ofi1L L�E'rr'Aivvxitj t'ta!t� 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. PREMISES. The City, as fee owner of certain real property located at 726 S. 356`x' St., Federal Way, WA 98003, commonly known as Brooklake Community Center, ( "Property") does hereby agree to lease to the Contractor/Lessee and the Contractor/Lessee does hereby agree to lease from the City, the Premises consisting of office space adjacent to the dance hall at the Property. The Contractor/Lessee agrees to occupy and to use the Premises for the purpose of an office and storage of class supplies. Upon possession of the premises, the Contractor shall be deemed to have accepted the premises as is. Use of the premises shall be exclusive to the Contractor and shall not be shared by others without the written approval of the City which approval shall not be unreasonably withheld. 4. TERMINATION. 4.1 After the initial term expires on April 30, 2015, either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4.2 Default. Time is of the essence hereof. If the Contractor shall neglect or fail to perform or observe any of the covenants or conditions contained herein on its part to be observed and performed and continue to be in default for a period of ten (10) days or, if the default be other than one due to non - payment of any sums due by the Contractor under this Agreement ten (10) days (if more than ten (10) days are required to cure any such default, the Contractor shall commence to cure such default with said days and shall faithfully pursue completion thereof as expeditiously as possible) after written notice by the City of such breach, then the City may, at its option, perform such duties or obligations for the Contractor and upon completion thereof bill the Contractor for the cost of said performance (payable immediately), and bearing interest at twelve percent (12 %) per annum, or such lesser rate as may be permitted by applicable law) or at its option the City may, without notice and immediately upon such breach, enter into and upon the Premises, or any part thereof, and repossess the same, and upon entry, as aforesaid, this Agreement, at the option of the City shall terminate and wholly expire, and the Contractor covenants and agrees that upon such termination it will indemnify the City of the cost of renovation the Premises for a new tenant and against all loss of rent which the City may incur by reason of such termination during the residue of the term of this Agreement. Upon any termination of this Agreement, whether by lapse of time or otherwise, or upon termination of the Contractor's right to possession without termination of this Agreement, the Contractor shall surrender possession and vacate the Premises immediately and deliver possession thereof to the City. The Contractor hereby specifically grants to the City full and free license to enter into and upon the Premises in such event with or without process of law and to repossess itself of the Premises as of the City's former estate and to expel or remove the Contractor and any others who may be occupying or within the Premises and, at the City's option, to remove any and all property therefrom using such force as may be necessary. The Contractor hereby grants said license to enter as aforesaid to the City and/or its designated agents, who in the exercise of which shall not be deemed in any manner guilty of trespass, eviction, or forcible entry or detainer, and without relinquishment of the City's rights to rent or any other right given to the City hereunder or by operation of law. The Contractor expressly waives the service of any demand for the payment of rent or for possession LEASE/RECREATION AGREEMENT - 2 - 4/2011 CITY of CITY HALL 33325 8th Avenue South Federal Way, V A 98003 -6325 (253) 835 -7000 and, except for notice provided in section 22(a), the Contractor expressly waives service of any notice of the City's elections to terminate this Agreement or to re -enter the Premises, including any statute or other law, and agrees that the simple breach of any covenant or provision of this Agreement by the Contractor shall, of itself, without the service of any notice of demand whatsoever, constitute a forcible and/or unlawful detainer on the Premises by the Contractor. 5. RENT. 5.1 Amount. The Contractor shall pay to the City as rent for the use of the Premises, as described in Section 3, monthly rent in the amount of Two Hundred and 00 /100 Dollars ($200.00), payable on the I' day of the month at the City's address specified above. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 5.2 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 6. INSPECTION. The City shall have the right to inspect the Premises at all reasonable times and the right to enter the same whenever it is reasonably necessary for the exercise of any right or privilege of the City under this Agreement. Provided, however, that except in the case of an emergency, the City shall endeavor to provide the Contractor with reasonable notice prior to entering the Premises. 7. INDEMNIFICATION. 7.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 7.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 7.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, LEASE/RECREATION AGREEMENT - 3 - 4/2011 damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses 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 to the extent solely caused by the negligent acts, errors, or omissions of the City. 7.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 8.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 8.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 8.3. Additional Insured. Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit `B" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 8.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 9. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 10. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. LEASE /RECREATION AGREEMENT - 4 - 4/2011 CITY of CITY HALL Federal Way 33325 8th Avenue SOUth Federal'Way, VVA 98003 -65325 (253) 835 -7000 e,r� rka: c,f'2�flee�`E:r��fvu��yC��rn damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses 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 to the extent solely caused by the negligent acts, errors, or omissions of the City. 7.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 8.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 8.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 8.3. Additional Insured. Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit `B" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 8.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 9. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 10. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. LEASE /RECREATION AGREEMENT - 4 - 4/2011 AOL CITY or CITY HALL ✓ I 33325 8thventte South us Federal Way, VVA 98003 -6325 ( 253) 835 -7000 wlvwcrt6offe,d rahlpy.com 11. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 12. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 12.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 12.2 Safe . Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards (Chapter 296 -24 WAC), and General Occupational Health Standards (Chapter 296 -62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 12.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 13. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 14. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona LEASE/RECREATION AGREEMENT - 5 - 4/2011 CITY OF CITY HALL Feder 8th < Avenue SOUth Federal Nay, VV A 98003 -6325 ft (253) 835 -7000 fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non - discrimination. 15. GENERAL PROVISIONS. 15.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 15.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 15.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 15.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to LEASE/RECREATION AGREEMENT - 6 - 4/2011 CITY OF CITY HALL 33325 8th avenue South Fede Wa ' f=ederal Olay, VVA 98003 -6325 ' 711 ; (253) 835 -7000 tvriw. c:.it;'Oflede(a 1way coo the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 15.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. 15.6 Severability. 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 invalid provision, and to that end, provisions of this Agreement are declared to be severable. [Signature page follows] LEASE /RECREATION AGREEMENT - 7 - 4/2011 CITY Of CITY HALL Federal Way 3335 8th Avenue SOUth Federal Way, VVA 980103 -6325 (253) 835- 7000 IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Jim F ,04, M yor DATE: t Y KAJUKENBO GE SHOU DAO By: J Printed Name: Title: (9 V-� /\,(- ,"- DATE: lm:m S ^ 8 11 — :3 D STATE OF WASHINGTON ) ss. COUNTY OF ) ATTEST: City Clerk, Carol McNeilly, CM APPROVED AS TO FORM: 16 M41fl Interim C%/Attorney, Amy Jo Pearsall On this day personally appeared before me, Bryan Davies, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that she /they executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 019 day of MAIA 2014. !k� 4t *0258104 S m" a�- "" Public t .• C . 111111 M• OpAN,6torxeu/ fl�L► Tt 'i.G�7�l►M'�►I�i��( +llr�'�iP. ►� (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expire - IV LEASE/RECREATION AGREEMENT - 8 - 4/2011 CITY OF CITY HALL Federal Way 3335 8th Avenue South • Pd box 9798 Federal Way, WA 98063 -9718 (253) 835 -7000 E em, ceryoffeder wway com EXHIBIT "A" RECREATION SERVICES The Contractor shall do or provide the following: Karate / Self Defense Classes RECREATION AGREEMENT - 9 - 4/2011 ACG►Ra' 10a . CERTIFICATE OF LIABILITY INSURANCE - DATE (MM/DD/YYYY) 4/122/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER Grizzly Insurance Agency, LL C PO Box 1927 CONTACT NAME: PHONE 970-390-7860 ac No A/C No Ext ADDRESS: don @karateinsurance.com Castle Rock, CO 80104 www.karateinsurance.com INSURERS) AFFORDING COVERAGE NAIC N INSURERA: U.S. Fire Insurance Company 21113 INSURED SPORTS AND RECREATION PROVIDERS ASSOCIATION (PURCHASING GROUP) AND INSURERS: U.S. Fire Insurance Company 21113 ITS PARTICIPATING MEMBERS: INSURER C : KAJUKENBO GE SHOU DAO INSURERD: 11830 SE 227TH PL KENT, WA 98031 INSURERE: CLAIMS -MADE FX] OCCUR INSURERF: SRPGP- 101 -0414 COVERAGES CERTIFICATE NUMBER: USP142340 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMDDIYYYY POLICY EXP MMIDD/YYYY LIMBS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 X COMMERCIAL GENERAL LIABILITY A CLAIMS -MADE FX] OCCUR SRPGP- 101 -0414 5/1/2014 12:01 AM 5/1/2015 12:01 AM PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 300,000 GEN'L AGGREGATE LIMIT APPLIES PER $ X POLICY JPE T M LOC AUTOMOBILE AUTOMOBILE LIABILITY CM $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per acaderd $ HIRED AUTO NON -OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ E XCESS U A CLAIMS-MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN WC STATU- TORY LIMITS OTH ER $ E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N I A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) E.L. DISEASE - POLICY LIMIT $ If yea, describe undo DESCRIPTION OF OPERATIONS below AD &D $ 500,000 B Accident/Medicai Coverage US773805 5/112014 12:01 AM 511/2015 12:01 AM MAXIMUM MEDICAL DEDUCTIBLE $100,000 $ 250 TERMS OF PAYMENT EXCESS DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Covered activities: Martial Arts. Locations: 726 S 356th St, Federal Way WA 98003. CERTIFICATE HOLDER CANCELLATION KAJUKENBO GE SHOU DAO 11830 SE 227TH PL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. KENT, WA 98031 AUTHORIZED REPRESENTATIVE Fra.vv -i4, L. Decwv ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD AOL CITY OF Fecderal Way BUSINESS REGISTRATION License Number 19- 99- 105984 -00 -BL Business Establishment BRYAN DAVIES 11830 SE 227TH PL KENT WA 98031 -2368 Registered: KAJUKENBO GE SHOA DOA 726 S 356TH FEDERAL WAY, WA 98003 Emires :12/31 /2014 Cte:lory: 7900 - Recreational Services Conditions: This license is non- transferable. Please notify the City Clerk's office of any change in your business such as a new location or business name. fa.. CU�pORRit;� p```er Ciry Clerk; City of Federal Way This certifies that the above entity has been issued the registration or license listed. BRYAN DAVIES 11830 SE 227TH PL KENT WA 98031 -2368