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AG 19-016 - Williams RETURN TO: PW ADMIN EXT: 2700 ID#: 3 3 R5 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIV: PUBLIC WORKS/SWM ORIGINATING STAFF PERSON:FEI TANG EXT:2751 3. DATE REQ.BY:10/3/18 I. TYPE OF DOCUMENT(CHECK ONE): o CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) o PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT o PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE AGREEMENT o GOODS AND SERVICE AGREEMENT o HUMAN SERVICES/CDBG o REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) o ORDINANCE ❑ RESOLUTION ONTRACT AMENDMENT(AG#): ] ❑ INTERLOCAL ow MFMORAN'BUM ui' f ,00 dI e fA+cl y.-PQ _ I. PROJECT NAME:U .-lit °' "J 4i LA A Ar s ' / I C 'iii C l y i s 4 e � i. NAME OF CONTRACTOR:Christopher G Williams and Christie A. Williams W I�( 1 s ADDRESS:29317 19th Place S, Federal Way WA 98003 TELEPHONE: (206) 682-5002 E-MAIL: CGW@SEANET.COM FAX: SIGNATURE NAME: TITLE: I. EXHIBITS AND ATTACHMENTS:0 SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE Lel ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN a REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,Er 12/31/ UBI# ,EXP._ / / '. TERM: COMMENCEMENT DATE: `Z 1 Lb.i Lel COMPLETION DATE: perpeM(.9-' I. TOTAL COMPENSATION:$ (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: o YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: o CONTRACTOR o CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR o RETAINAGE BOND PROVIDED o PURCHASING: PLEASE CHARGE TO: I. DOCUjENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED PROJECT MANAGER =r/4 / �/�, I)❑// i-^IVISION MANAGER % to 1 411g. DEPUTY DIRECTOR (t/21(1 ,DIRECTOR � % (I �b/I B o RISK MANAGEMENT (IF APPLICABLE)LAW DEPT 4- 4 (t.'i/ig 0. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 1. CONTRACT SIGNATURE ROUTING `) SOENT TO VENDOR/CONTRACTOR DATE SENT: i(1;7 IN�5C� ' ,( `1�DATE REC'D: tom- ( - f o ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBI'T'S o CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (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 o FINANCE DEPARTMENT "�.'}' o LAW DEPT 0 SIGNATORY(MAYOR R DIRECTOR /_�. ��`VA o CITY CLERK u'iZ!J U N I i ' ASSIGNED AG# ASSIGNED ° S. t�`� SIGNED COPY RETURNED DATE SENT: ✓_\9.\� o ETURN ONE ORIGINAL OMMENTS: XECUTE° I ORIGINALS \ N !� 1 .-mf.e illo isr LICENSE AGREEMENT BETWEEN CHRISTOPHER G. WILLIAMS, CHRISTIE A. WILLIAMS AND THE CITY OF FEDERAL WAY THIS LICENSE AGREEMENT (the "Agreement") is made this 1+ day of f€17 2019 (the "Effective Date") by and between the City of Federal Way ("City"), a Washington municipal corporation, and Christopher G. Williams and Christie A. Williams ("Homeowner"), a married couple, collectively referred to as the"Parties." RECITALS WHEREAS, the Homeowner owns real property situated in the County of King, State of Washington, Lot 14, Calvert Addition, according to the plat thereof recorded in Volume 155 of Plats, page 4 through 6, inclusive, records of King County, Washington, having a street address of 29317 19th Place S, Federal Way WA 98003, and a King County parcel number 131000-0140 ("Homeowner Property"); and WHEREAS, the City owns an adjoining parcel having a King County parcel number 131000-0200 ("City Property"), as depicted on Exhibit A, under which the City owns and maintains an underground stormwater detention facility(the"Facility") as depicted on Exhibit A; and WHEREAS, a fence previously separating the Homeowner Property from the City Property was removed by an unknown party prior to the Homeowner's purchase of the Homeowner Property; and WHEREAS, the Homeowner has requested that the City not reinstall the fence between the Homeowner Property and the City Property so that the Homeowner can access and install and maintain landscaping on the City Property; and WHEREAS, the Homeowner has requested and the City agrees to grant, for the benefit of Homeowner, a non-exclusive, revocable license for access and installation and maintenance of landscaping on the City Property; and WHEREAS, the City benefits from allowing Homeowner to install and maintain the landscaping on City Property because it reduces the City's maintenance costs for the City Property and Facility. NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and for other good and valuable consideration, 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. Grant of License. The City hereby grants to Homeowner for the purposes stated herein, and under the terms and conditions set forth in this Agreement, a non-exclusive, revocable license (the "License") to access the City Property and install and maintain landscaping on the City Property. - 1 - 2. Commitment of the Homeowner. The Homeowner agrees to install and maintain the landscape of the City Property, which will include, but shall not be limited to: installing landscaping, watering, mowing, fertilizing, and cleaning up leaves and other debris. The Homeowner agrees to protect the Facility on the City Property. If the Homeowner or any licensee, invitee, or trespasser damage, break, destroy, or in any way impair the City Property or Facility, the City, in its sole discretion, mayrequire Homeowner to either: (i) restore at q Homeowner's sole cost and expense, the City Property and/or Facility to their original quality and condition at the time this agreement became effective; or(ii) the City may restore the City Property and/or Facility and invoice Homeowner for the City's costs incurred in restoring the damaged City Property or Facility; whereupon, Homeowner agrees to reimburse the City within thirty (30) days of receipt of an invoice for such expenses. If the Homeowner conveys Homeowner Property to another party, Homeowner shall provide the City notice prior to the date of closing. 3. Restrictions on Homeowner's Use of the City Property. The Homeowner shall not construct or maintain any buildings or other structures on the City Property. The Homeowner shall not perform grading, digging, tunneling, or other forms of construction activity on the City Property. The Homeowner shall not install any landscaping that will interfere with the function or structural integrity of the Facility or the City's access to the Facility. The Homeowner shall not install any trees, perennial shrubs, and/or other vegetation that may damage the Facility. The Homeowner shall not park any vehicles or store any heavy items on the City Property. The Homeowner shall not blast within fifteen (15) feet of the City Property. The Homeowner shall not access, attempt to access, nor allow access by any other private party, to the Facility. The Homeowner shall notify the City immediately should any of the tank access ports be open or damaged. The City will provide both a daytime and an after-hours telephone number for notifications to the City. 4. Agreement of the City. The City agrees not to install a fence between the Homeowner's and the City's Property; however, the City reserves the right to install a fence at any time in the future when, at the City's sole discretion, it has been determined that the Homeowner violated any terms or conditions set forth in this MOU, or when the City determines that such fence is necessary. 5. Maintenance Access. The City and Homeowner agree that vehicular access to the City Property will be maintained and kept clear for the purpose of the City's inspection, cleaning, and/or maintenance of the Facility. The City shall not be responsible for any damage caused to landscaping installed by Homeowner on the City Property by the City when performing inspection, cleaning, and/or maintenance of the Facility. 6. Indemnification. Homeowner 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 the Homeowner, its agents, or contractors, which may arise out of this MOU or the use of the City Property by Homeowner or any other person or entity that is not the City. - 2 - 7. Release and Waiver.The Homeowner agrees and hereby releases and forever discharges the City, including its elected officials, agents, officers, representatives, attorneys, employees, successors, and assigns, from any and all claims or potential claims, demands, damages, liabilities and causes of action of any kind or nature whatsoever, known or unknown, arising out of this MOU or the use of the City Property. 8. Governing Law.This MOU shall be governed by and construed in accordance with the laws of the State of Washington. 9. Severability. If any provision of this MOU is held to be void, invalid, illegal or unenforceable under any law or regulation, such void, invalid, illegal or unenforceable provision shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the City and the Homeowner. 10. Not a Property Interest. Nothing contained herein shall be used or construed as a grant of any property rights from the City to the Homeowner. 11. Termination. The City may terminate and revoke this License at any time for any reason. Should the City choose to terminate and revoke this License, the City shall not be liable for any costs incurred by the Homeowner to landscape and maintain the City Property. 12. Entire Agreement. This MOU represents the entire understanding and agreement between the Parties. This MOU cannot be amended or modified except by another written document duly signed and executed by the City and the Homeowner. IN WITNESS WHEREOF, the Homeowner and the City have executed this Memorandum of Understanding as of the day and year first written above by their duly authorized representatives. [Signature Page Follows] - 3 - CITY OF FEDERAL WAY: By: EJish, Public Works Director 33325 8th Ave S Federal Way, WA 98003 HOMERS: By: Christopher G. Williams STATE OF WASHINGTON ) ) ss. COUNTY OF K.- On �On this day personally appeared before me Christopher G. Williams 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 free and voluntary act and deed for the uses and purposes therein mentioned. �'- 9 Fe-to r 20 C . GIVEN� l �Qf,ficial seal this 7 day of � y 0• ....1111 • NOTARY i ....IP.• "" (typ dd/printed n.� e of notary) i �/'J1�9, pUBl1G = Notary Public in and for the State of Washington. i� ��'.�����;;° 4)'II' My commission expires /a -j/ 2 %%%%%%%%%%%% 1 WASNN7.4` By: Christie A. Williams STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me Christie A. Williams to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that she executed the foregoing instrument as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20_. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires - 4 - J / CITY OF FEDERAL WAY: By: EJ Wal`h, Public Works Director 33325 8th Ave S Federal Way, WA 98003 HOMEOWNERS: By: Christopher G. Williams STATE OF WASHINGTON ) ) ss. COUNTY OF On this day personally appeared before me Christopher G. Williams 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 free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 20_. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires By: Christie Williams STATE OF WASHINGTON ) ) ss. COUNTY OF 1.(4n",1A, ) On this day personally appeared before me Christie A. Williams to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that she executed the foregoing instrument as her free and voluntary act and deed for the uses and purposes therein mentioned. 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