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AG 14-173RETURN TO: c- '�, ca EXT: '�;q (:) CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / 3WR 2. ORIGINATING STAFF PERSON: Rob Vao Dr W EXT: all 0 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 AMENDMENT (AG #): ❑ INTERLOCAL OTHER MOU 5. PROJECT NAME: MOU 'FDY 05C ( parkittA Lc�t -Fo,r a(7iJ /iC7I�P gtec c unq Event G. NAME OF ADDRESS: E -MAIL: SIGNATURE NAME:Tcxdd 5 k)dA4 l Sl TELEPHONE: FAX: TITLE: C-LM 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 CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. —/—/— 8. TERM: COMMENCEMENT DATE: upon *lgwlUre COMPLETION DATE:= ►"(:b I -a0lIp 9. TOTAL COMPENSATION: $ t0y (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: $ ❑ YES ❑ NO IF YES, $ IS SALES TAX OWED: ❑ PURCHASING: PLEASE CHARGE TO: tj1A 10. DOCUMENT/ CONTRACT REVIEW dPROJECT MANAGER k DIVISION MANAGER e DEPUTY DIRECTOR Y DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) SLAW DEPT PAID BY. ❑ CONTRACTOR ❑ CITY INITIAL/ DATE REVIEWED INITIAL/ DATE APPROVED '4 zs ( 4 vo 1-2A 111 a Z mQjltst>tl� 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: %J0, e,mcul 11 ll+ ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT ❑ CHIEF OF STAFF ❑ SIGNATORY (MAYOR OR DIRECTOR F,r CITY CLERK CKASSIGNED AG # dSIGNED COPY RETURNED [RETURN ONE ORIGINAL INITIAL/ DATE SIGNED i give i COMMENTS: EXECUTE "a" ORIGINALS 4 %ew„'je 5m pYi 0r %%u-s as ref0!rcncc %4 COUNCIL APPROVAL DATE: DATE REC' D: ld t6114 1/9 MEMORANDUM OF UNDERSTANDING BETWEEN NORPOINT ENTERTAINMENT DBA WILD WAVES THEME PARK AND THE CITY OF FEDERAL WAY, WASHINGTON THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made this 15 day of 1 4 , 201+ by and between the undersigned representatives of the City of Federal Way ( "City "), a Washington Municipal Corporation, and NorPoint Entertainment dba Wild Waves Theme Park, a Washington State Corporation. WHEREAS, the City desires to temporarily use portions of the parking areas serving Wild Waves Theme Park at 36201 Enchanted Parkway S., Federal Way, WA to operate community recycling collection events. NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein, the receipt and sufficiency of which hereby are acknowledged, it is mutually agreed and covenanted, by and between the parties to this Agreement, as follows: 1. SITE AND SCHEDULE: The City of Federal Way, its Contractors and volunteers, and the general public are authorized to access and use the "Parking Areas Serving Wild Waves Theme Park" (referred to as "parking lot" or "site" herein) located at 36201 Enchanted Pkwy S., Federal Way, WA 98003 for four recycling collection events scheduled on and around the following dates: April 18, 2015 September 19, 2015 April 16, 2016 September 17, 2016 Event - related equipment (containers, truck/trailer combinations, portable toilets, etc.) may be positioned on this site for several days immediately prior and following each recycling collection event. 2. COMPENSATION: The parties agree that in order to compensate for any potential loss of use by NorPoint Entertainment dba Wild Waves Theme Park, as well as any nominal wear to the site resulting from event operations, the City shall pay Five - Hundred and no /100 Dollars ($500.00) prior to each scheduled event to NorPoint Entertainment dba Wild Waves Theme Park. 3. EXTENT OF SITE USE: The parties agree to restrict parking lot access for all vehicles not related to these recycling events prior and during these dates. Any sections of the site not associated with the recycling events may be used by NorPoint Entertainment dba Wild Waves Theme Park at its sole discretion. 4. SITE CONDITION AND CLEANING: The City will ensure that the parking lot is clear of garbage or debris after completion of the events. The City will also provide and pay for a parking lot vacuum sweeper to service the parking area used following each event. 5. RIGHT TO RESCIND, TIMING OF NOTICE: NorPoint Entertainment dba Wild Waves Theme Park shall retain the right to rescind this MOU at its sole discretion. The only limitation is for NorPoint Entertainment dba Wild Waves Theme Park to provide this notification in writing to the City at least sixty (60) days prior to the scheduled event dates listed above (in order to allow the City adequate time to relocate and notify participants). 6. INDEMNIFICATION: NorPoint Entertainment dba Wild Waves Theme Park shall indemnify and hold harmless the City and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of NorPoint Entertainment dba Wild Waves Theme Park, its employees, agents, or contractors, which may arise out of this MOU. 7. INDEMNIFICATION: The City shall indemnify and hold harmless NorPoint Entertainment dba Wild Waves Theme Park and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of the City, its employees, agents, or contractors, which may arise out of this MOU. 8. COUNTERPARTS CONSTITUTE ONE INSTRUMENT: This MOU may be executed in counterparts, including facsimile and email /PDF, each of which when so executed and delivered shall be deemed an original, and such counterparts taken together shall constitute one instrument. 9. ENTIRETY: This MOU contains all of the agreements of the City and NorPoint Entertainment dba Wild Waves Theme Park with respect to any matter covered or mentioned in this MOU. IN WITNESS WHEREOF, the City and NorPoint Entertainment dba Wild Waves Theme Park have executed this Memorandum of Understanding as of the day and year first written above by their duly authorized representatives. CITY 0 WAY Marwan SNlloum, PE, Director Public Works Department 33325 8th Ave S Federal Way, WA 98003 APPROVED AS TO FORM: City Attorney, Amy Jo Pearsall WILD WAVES THEME P Todd Suchan, General Ma�� NorPoint Entertainment dba Wild Waves Theme Park 36201 Enchanted Pkwy S. Federal Way, WA 98003 k: \contract\2014\2015 -16 recycling events - site use.docx ATTEST: djjy�Clerk, Stephanie Cou ne , CMC