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AG 15-117RETURN TO: PW ADMIN EXT: 2700 ID # /clQj"7 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / S W 1v 1 2. ORIGINATING STAFF PERSON: 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 EXT: 2151 3. DATE REQ. BY: iscske ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION CONTRACT AMENDMENT (AG #): 155_ 111 ❑ INTERLOCAL ❑ OTHER -2-1ghA- 0-F :F 1 , jjA- ) re-1Yi1Qr/ '�"� `�.� ,,,, n .� 5. PROJECT NAME: Mari ri�i'CTI I is Co Co ok11c�e.. S 5- �[ n to r 1 e y 'P1-uise 1 • 6. NAME OF CONTRACTOR: / • III / i / Co ut h nil Y►(I Acsbeicvlibil ADDRESS: �� �I � � S -0' � � w! TELEPHONE :DI • 1 g eat IS 1 E -MAIL: FAX: SIGNATURE NAME: j. 4 Calm CQ„SG TIT LE: 'Pre SicAt.11-1' - • ! 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 # ,�jE,XP. / / COMPLETION DATE: (o ✓ 01 IS S. TERM: COMMENCEMENT DATE: (90-11,6 -11. 9. TOTAL COMPENSATION: $ I (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 (INCLUDE EXPENSES AND SALES TAX, IF ANY) ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT / CONTRACT REVIEW PROJECT MANAGER DIVISION MANAGER DEPUTY DIRECTOR DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW DEPT ul� 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING X SENT TO VENDOR/CONTRACTOR ❑ ATTACH: SIGNATURE AUTHORITY, ❑ LAW DEPT ❑ CHIEF OF STAFF A SIGNATORYOR ORRIRECTOR)j ❑ CITY CLERK ASSIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: EXECUTE " " ORIGINALS *i'P VdJq. 0/; 4 %w a ( co u\ ft INITIAL / DATE REVIEWED ?. /1/406 IP i It 1ii /1. COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE SENT: `I 1%1 114 DATE REC'D: It 2-11,19 INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED IN, a p u A, 1/15 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com AMENDMENT NO. 1 TO RIGHT OF ENTRY AGREEMENT FOR MARINE HILLS CONVEYANCE SYSTEM IMPROVEMENTS PHASE I This Amendment ( "Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Redondo Ridge Condominium Association, a Washington nonprofit corporation ( "Grantor "). The City and Grantor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for repairing /replacing a segment of deteriorated stormwater conveyance pipe ( "Agreement ") dated effective June 2, 2015, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced in Section 2 of the Agreement, shall be amended and shall continue until the completion of the Work, but in any event no later than June 30, 2018 ( "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 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 Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cilyoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY 0 EDERAL WAY By: Marw. Salloum, Public Works Director 33325 8th Avenue South Federal Way, WA 98003 DATE:�s. c. LA\A r • GRANTOR — REDONDO RIDGE CONDOMINI ,M SSO IATIO By: Malcolm Case President DATE: (t H '� STATE OF WASHINGTON ) COUNTY OF KING ) ss. On this day personally appeared before me Malcolm Case, to me known to be the President of Board of Directors of Redondo Ridge Condominium Association that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said organization, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this "? 4' day of I\ est4 / , 20I(d. ' Notary's signature R E. Mq ,4 Notary's printed nam RS // u OW lk0 in and for the tate,of Washington. on expires O3' 1 tc) (219l1 AMENDMENT 2 1/2015 RETURN TO: s,/)1m EXT: 2-7. '3 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/SWM 2. ORIGINATING STAFF PERSON:FEI TANG EXT:2751 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 o MAINTENANCE AGREEMENT 1 ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL rOTHER !t-(9 IT Ct 1 �,�,�if"v+ N fi v,/, 5. PROJECT NAME:MARINE HILLS CONVE ' CE SYSTEM IMPROVEMENTS PHASE 1 6. NAME OF CONTRACTOR:REDONDO RIDGE CONDOMINIUM ASSOCIATION ADDRESS: 15419 1ST AVE,S,BURIEN,WA 98148 TELEPHONE:206-547-4040 E-MAIL:MCCACROWNCOMPANIES.COM FAX: SIGNATURE NAME:MALCOLM CASE TITLE:PRESIDENT 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: COMPLETION DATE: 9. TOTAL COMPENSATION:$ 1 //'- (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 o NO IF YES,$ PAID BY: o CONTRACTOR ❑CITY ❑ PURCHASING: PLEASE CHARGE TO: A)/ ' 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED C�/' 'PROJECT MANAGER r " *7'6/( L 5_ �j(/r DIVISION MANAGER J v nr . 5 DEPUTY DIRECTOR , �! / 4DIRECTOR �;. o( RISK MANAGEMENT (IF APPLICABLE) iI.7 mo.Y'LLAW DEPT 511L 6//( / /-/ 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE PPROVAL DATE: Q yy� j C UNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING CRi lh a' v'"'^ 'i — � ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: . /j' 15 DATE RECD: ❑ ATTACH: SIGNATURE AUTHORITY INSURANCE CERTIFICATE LICENSES,EXHIBITS INITIAL/DATE SIGNED ❑ LAW DEPT • ❑ CHIEF OF STAFF 1 I O3 3 • IGNATORY0' *IRECTOR) 1111ro . 1 J- - CIO LATE •SSIGNED AG# AG• MN a SIGNED COPY RETURNED DATE SENT: $ 1P 0C ❑RETURN ONE ORIGINAL COMMENTS: EXECUTE" "ORIGINALS 7..e 2- yt s , 6' .... �n 'sc. i ' / 4-P-2 in i c 6)C/ t'f k t-7 z/ e--L-LeJ , C 6241 /U`7' /--1-- 1ao 1t 51 •' v K 7 ! ©r-- - � Need- c--.41 i i 4 . QNe ed i In f . 1 1/15 b o d RIGHT OF ENTRY AGREEMENT This Right of Entry Agreement("Agreement")is dated effective this day of --301,1g , 20tG (the "Effective Date"). The parties ("Parties") to this Agreement are Redondo Ridge Condominium Association("Grantor"), a Washington Nonprofit, and the City of Federal Way, a Washington municipal corporation("City"). RECITALS A. WHEREAS, the Grantor is the fee title owner of real property, having King County tax parcel number 720545-0000, located at 28701 6th Place South, Des Moines, King County,Washington 98198 ("Property");and B. WHEREAS, the City desires to obtain the Grantor's permission to enter onto the Property, on a temporary basis, to repair/replace a segment of deteriorated stormwater conveyance pipe ("Work"); and C. WHEREAS, the Parties wish to enter into this Agreement whereby the Grantor will allow the City to enter the Property, on a temporary basis, for the purpose of performing the Work; NOW,THEREFORE,the Parties do hereby agree as follows: AGREEMENT 1. Right of Entry. The Grantor hereby grants the City and its agents, employees and contractors the temporary right to enter onto a portion of the Property, as shown on Exhibit A attached hereto,for the purpose of performing the Work, and for no other purpose. 2. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until the completion of the Work, but in any event no later than December 31, 2016 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Grantor and the City. 3. Indemnification. The City agrees to indemnify, defend and hold the Grantor harmless from any and all claims, demands, losses, actions and liabilities (including cots and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 4. Compliance with Laws. The City shall, in all activities undertaken pursuant to this Agreement, comply and cause its contractors, agents and employees to comply with all federal, state and local laws, statutes, orders, ordinances, rules, regulations, plans, policies and decrees. T:\Design\Easements\TempararyAccess\Right-of-Entry Condo_docx 1 5. Liens. The City shall not permit to be placed against the Property, or any part thereof, any design professionals', mechanics', materialmen's contractors' or subcontractors' liens with regard to the City's actions upon the Property. The City agrees to hold the Grantor harmless for any loss or expense including reasonable attorneys' fees and costs, arising from any such liens which might be filed against the Property. 6. Not Real Property Interest. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to the City. This Agreement is not exclusive and the Grantor specifically reserves the right to grant other rights of entry to the Property. 7. Repairs and Restoration. Following the completion of the Work,the City shall,to the extent reasonably practicable, restore any damage to the Property caused by the Work to a condition similar to its condition prior to such Work. 8. Attorneys' Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 9. Continuing Liability. No termination of this Agreement shall release the City from any liability or obligation hereunder resulting from any acts, omissions or events happening prior the termination of this Agreement. 10. Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 11. Modification. No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 12. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 13. Time is of the Essence;_Entire Agreement. Time is of the essence of the terms and provisions of this Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the matters contained herein, and no alteration, amendment or any part thereof shall be affective unless in writing signed by both parties sought to be charged or bound thereby. 14. Full Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. T:\Design\Easements\TemporaryAccess\Right-of-Entry_Condo.docx 2 15. Assignment. Neither the Grantor 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. 16. Authority. Each individual executing this Agreement on behalf of the Grantor and City represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Grantor or the City. 17. Remedies Cumulative. 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 Grantor at law,in equity or by statute. 18. Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. IN WITNESS WHEREOF,the Parties hereto have executed this Agreement on the date first written above. CITY OF FE r .RAL WAY By: ' i` _ Marwan S oum, Public Works Director 33325 8th Avenue South Federal Way,WA 98003-6325 T:Design\Easements\TemporaryAccess\Right-of-Entry Condo.docx 3 GRANTOR—Redondo Ridge Condominium By: --)hei 6(4-'4 (Signature) Malcolm Case (Name) 2S/o Co 'P(., moo. ZaG Nte (a1v4 A , >1 (Address), I �Zv6) S4-b (Phone) STATE OF WASHINGTON ) ) ss. COUNTY OF el i(i67 ) On this day personally appeared before me Malcolm Case,to me known to be the President of Board of Directors of Redondo Ridge Condominium Association that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed,if any,is the corporate seal of said corporation. GIVEN my hand and official seal this A. day of ' ( , 20 l.S ?dr4 aOYAA!4j i o 'm (typed/printed name of notary) Notary Public in and for the State of W hington. , y' �p�� .6. i,9�� 141�9..� �G'��= My commission expires 3/Jc+ �/�o WASN`��-''�` T:\Design\Easements\TemporaryAccess\Right-of-Entry Condo.docx 4 i \ d1 \y / p 400 r>. Lk.* ' . 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