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AG 19-009 - Sea Con RETURN TO: PW ADMIN EXT: 2700 ID#: !> 3 ( 41 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ 2. ORIGINATING STAFF PERSON:---*i_rtsts__ lir‘wr-k""- EXT: 3. DATE REQ.BY: ASA r 3. TYPE OF DOCUMENT(CHECK ONE): o CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT o PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE AGREEMENT o GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT o SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) o ORDINANCE o RESOLUTION ❑ CONTRACT AM NT(AG#): o INTERLOCAL ,AdTHER r• r v4 /fS�t-t pot-I C C I 4. PROJECT P(AME: - �C"'421...- V 41 GL�.1 S C L 1—r- 5. 5. NAME OF CONT IfO�':: v l�C����■����� ADDRESS: W, ►a _ I , ,ii..:, ..�� M I•� 11 S IA_ Il, TELEPHONE: KM. e E-MAIL: 'cicaT(-7 FAX: SIGNATURE NAME: (it,�{ �� S Ad Q.I,Y TITLE:� 'L'J 6. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES o PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/ UBI#CEAcO l k O(Z (P. // /)/) 7. TERM: COMMENCEMENT TE:_ 1 J .`['f /2018 COMPLETION DATE: _ q/1/2c q --I 8. TOTAL COMPENSATION:$ �FcJ I 61-'0 -}D "�Q._ C (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES )@'5VO IF YES,$ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: c RETAINAGE AGREEMENT(SEE CONTRACT)OR c RETAINAGE BOND PROVIDED CL1'' '- O PURCHASING: PLEASE Q. .v/0• c L 514 • v 1 y 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED `` &INITIAL/DATE APPROVED o PROJECT MANAGER !VISION MANAGER 0 © Lam` I. DEPUTY DIRECTOR 4t,_, l , ..*DIRECTOR rf . ❑ RISK MANAGEMENT (IF APPLICABLE) g..--LAW DEPT it/u('•it 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: 12j 1t% COMMITTEE APPROVAL DATE: .'_ V. )° SCHEDULED COUNCIL DATE: L QC'I� COUNCIL APPROVAL DATE: y - s 11. CONTRACT SIGNATURE ROUTINGj� 1 )(SENT TO VENDOR/CONTRACTOR DATE SENT: 11 ✓' U DATE REC'D: g I 14 ' TTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LI ENSES,EXHIBITS To CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE I (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/DATE SIGNED ❑ Lv`DEPTo tkSIGNATORY( YQR DIRECTOR i'VA%111) WICITY CLERK j�� ! 1' L! ti) SIGNED AG# AG kek-ocR ❑ SIGNED COPY RETURNED D• SENT: t.n.Lq ❑RETURN ONE ORIGINAL COMMENTS: EXECUTE" "ORIGINALS 1Jtith NO o c) -\"d £0 '1 1/2018 1 PARKING LEASE THIS PARKING LEASE (the"Lease") is entered into this e day of J4M0/14114 2019 by and between the City of Federal Way, a Washington municipal corporation ("Landlord"), and SEA CON LLC, a Washington Limited Liability Company("Tenant"). RECITALS A. Landlord is the owner of that certain improved parcel of real property located in the City of Federal Way, King County, Washington commonly known as SWM Storage off of Dash Point, located at 29601 Pacific Highway South and legally described as King County Parcel#0421049200. B. Landlord wishes to lease to Tenant and Tenant wishes to lease from Landlord certain designated parking stalls at the Property as described and under the terms and conditions set forth in this Lease. AGREEMENT 1. Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord nine 1 parking stalls located at the Property substantially in the locations depicted on the attached Exhibit A the 4i_1 "Premises"). Landlord also grants to Tenant and its agents, employees, consultants, and invitees a non- 7 1114�►� exclusive lease for vehicular and pedestrian ingress, egress, and access over, upon, across, and through the Property for the benefit of the Premises. This lease shall terminate automatically at the expiration or earlier termination of the Lease. 2. Term. The term of this Lease shall commence on the date entered above, and shall terminate on September 1,2019. 3. Rent. Tenant shall pay a one-time rental fee in the amount of $4,000.00. Tenant shall pay the Rent within 14 days of the date entered above. Should Tenant fail to pay the one-time rental fee within the 14 day period, this lease shall terminate automatically. The parties agree that said payment is complete and full and that no further amount shall be due for any normal wear accruing to the Premises. 4. Use of Premises. The Premises shall be used for parking for Tenant and its agents, employees, consultants, and invitees and for no other purpose without Landlord's prior written consent, which consent shall not be unreasonably withheld. Tenant shall not create or maintain on the Premises any nuisance or in any way violate generally applicable laws, ordinances, and public regulations now or hereafter in effect. 5. Access and Use. Tenant shall have the right to use the Premises from Monday through Friday between 5:00 AM and 10:00 PM. Landlord shall have and retain the right to use the Premises during other hours. Landlord reserves the ability to make other uses of the Premises that do not interfere with Tenant's use. 6. Liens and Improvements. Tenant shall not permit any mechanic's or materialmen's liens of any kind to be enforced against the Premises for any work done or materials furnished thereon at the request of or on behalf of Tenant. 7. Condition of Premises. Tenant accepts the Premises"as-is." 8. Maintenance and Repairs. Landlord shall not be responsible for any costs associated with cleaning, maintaining, and repairing the Premises. 9. Accidents and Liability, Insurance. Landlord, its elected officials, officers, employees, agents, and volunteers shall not be liable for any injury or damage to persons or property sustained by Tenant or Tenant's invitees in and about the Premises or Property, except to the extent such injury or damage is caused by Landlord's or its elected officials', officers', employees', agents', or volunteers' negligence or breach of this Lease. Tenant agrees to indemnify, defend and hold Landlord and its elected officials, officers, employees, agents, and volunteers harmless from any claim, action, expenses, costs, fees (including attorneys' fees) and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the Premises, or for damages to property or injury to persons suffered or alleged to be suffered on the Property resulting from Tenant's negligence or breach of this Lease, except to the extent caused by Landlord's negligence or breach of this Lease. Tenant shall maintain commercially reasonable liability insurance on the Premises and to name the City as an additional insured. 10. Successors and Assigns. This Lease and each of the terms, provisions, conditions, and covenants hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 11. Notices. All notices hereunder shall be in writing and shall be delivered personally, by certified or registered mail, by facsimile or by recognized overnight courier addressed as follows: If to Tenant: Sea Con LLC 165 NE Juniper Street Suite 100 Issaquah, WA 98027 If to Landlord: City of Federal Way Attention: EJ Walsh, Public Works Director 33325 8th Avenue South Federal Way, WA 98003-6325 12. Governmental Charges. Landlord shall indemnify and save Tenant harmless from any taxes, assessments or governmental charges of any kind which may be levied against the Premises. 13. Subrogation Waiver. Each of Landlord and Tenant release and relieve the other and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils described in standard fire insurance policies and all perils described in the "Extended Coverage" insurance endorsement approved for use in Washington state, that occurs in, on, or about the Premises or Property,whether due to the negligence of either party,their agents, employees, or otherwise. 14. Entire Agreement. This document contains the entire agreement between the parties and supersedes all other statements or understandings between the parties. IN WITNESS WHEREOF,the parties hereto have executed this instrument on the date herein set forth. [Signature Pages Follow] LANDLORD: TENANT: • By: EJ Walsh By: Bruce Douglas Adair Its: Public yVorks Director Its: Chief Financial Officer Date: ' l 14 I WIC Date: t i$ I 1 gj STATE OF WASHINGTON ) ff, a ) ss. COUNTY OF I'.11J J ) I certify that I know or have satisfactory evidence that Bruce Douglas Adair is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Chief Financial Officer of SEA CON, LLC to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. %%�•````aWOREI,,,,,,, 4 ,•`, ..t. '..... TFl ... Dated: • NOTARY PUBLIC�•�• i = : COMM.EXPIRES ; = Notary Public in and for the State of Washington ��Q V^ l 1� , JAN4,2022 . Residing at SL sflLE • r= • . ••• / ii Printed Name Mi Cal bxe `T61,b(,Avv1,P ,-4 �WASNto •• ,,sau ���� a � J b LA 2-0 2-2-- My appointment expires STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that EJ Walsh is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Public Works Director of the City of Federal Way to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. J�f I `"I / 4e,,a— Dated: 114-1 a IC) �� A Notary Public in and for the State of Washington ..,,sm\‘N11111 Residing at 67_cterca WA,* bQ"._s.`,booty te,,,,GA /� Printed Name ., •• •-• '"; My appointment expireso /c 4�� /'III OF? WAS�\a`-` 1\\\ F x 4pir, 10 - CT S SAV H,LSi Cl... Q MH Odd = oA SAASH3I3I3Vd ��� .�__ CC iginumme O �" N d r SSAV-H.L9i— O U 41 A.�s O 9�tz90 12. 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