AG 15-132 RETURN TO: J�, � EXT: aM3
CITY VOF 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 ❑ 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
�THER f r 77 �i-rf--ii /4 i4e./a4pt L
5. PROJECT NAME:MARINE HILLS CON YANCE SYSTEM IMPROVEMENTS PHASE 1
6. NAME OF CONTRACTOR:JEFFREY JOHNSON
ADDRESS: 28750 5"'PLACE S.,DES MOINES,WA 98198 TELEPHONE:206-390-4111
E-MAIL: FAX:
SIGNATURE NAME:JEFFREY JOHNSON TITLE:OWNER
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:$ iv/p,-- (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: N. /
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
5/(o )(PROJECT MANAGER y:7 ' s/�,/(S--
5 IVISION MANAGER -- 1 7 c f
/I I DEPUTY DIRECTOR _se a if
IRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
j- )(LAW DEPT 5111+ S/((/i S l� S/''1/l f
11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING //5//5.—
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 5/./5.//6 DATE REC'D: (
❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS
INITIAL/DATE SIGNED
❑ LAW DEPT
❑ CHIEF OF STAFF
�'1� SIGNATORY DIRECTOR
n-rc tcnr ��
bI(b )dASSIGNED AG# AG#
SIGNED COPY RETURNED DATE SENT: L. MM.
❑RETURN ONE ORIGINAL
COMMENTS: ''rr� ,, ",� /-
EXECUTE" ORIGINALS S/4 1L ca iJ O/C j'�/�i{�i�e/YL �Q �'�Z�fiGL
V LIP Pot 4o 'see -►-tom e*Li'6c 4-. ae ea r4 ov. Pay 1 -
1/15
RIGHT OF ENTRY AGREEMENT
This Right of Entry Agreement("Agreement") is dated effective this ((day of
, 20t c(the "Effective Date"). The parties ("Parties") to this Agreement are
Je frey Johnson ("Grantor"), an individual, 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 720360-0210 located at 28750 5th 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
g P Y
October 31, 2015 ("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 costs 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.
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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.
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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 , EDERAL WAY
By: ir■P_
Marwan ' .11oum,Public Works Director
33325 8th A venue South
Federal Way, WA 98003-6325
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GRANTOR—Jeffrey Johnson
By: ,/..� 1O/,Z •
(7gn. ure)
Jeffrey Johnson
(Name)
7 5-0 t`` p /. Se
e S /Y/r o ,h es / �//�- 9 r/ r
(Address)
206, 390 -- 4//r /
(Phone)
STATE OF WASHINGTON )
) ss.
COUNTY OF 14-10C, )
On this day personally appeared before me,Jeffrey Johnson,to me known to be the individual
described in and who executed the foregoing instrument, and on oath swore that he/shy
executed the foregoing instrument as his/hethheir free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN my hand and official seal this i 1T4 day of Tuus1.- , 20±s
JUCyy!Iy�
�ssION Fi�hi�s /
54- ,0 y i O i" G►+21S 1c.c 1+w1 E5
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Moe ' "' r' (typed/printed name of notary)
% Lgo'%% '�� Notary Public in and for the State of Washington.
My commission expires 4s 1141 Loyd
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