AG 20-049 - FSC Brightwater RETURN TO: PW ADMIN EXT: 2700 ID#: 3'1 1 I
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORINT
1. ORIGINATING DEPT/DIV: PUBLIC
2. ORIGINATING STAFF PERSON: J Q ry h /e-- Exr: 2-7/ 3. DATE REQ.BY:
V-
3.
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 ;rNTAG#` ❑ INTERLOCAL
POTHER �4. PROJECT NAmx: ';2—j .�.
5. NAME OF CONTRACTOR:
ADDRESS: TELEPHONE:
E-MAIL: FAX:
SIGNATURE NAME- T=:
6. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OFAUTHORITYTO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE# BL,EXP. 12/31/ UBI# EXP._/_/_
7. TERM: COMMENCEMENT DATE: COMPLETION DATE: �y 130 lzo2.Q
8. 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: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑YES ❑NO II'j GS,$ PAID BY. ❑CONTRACTOR U CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
9. DOCUMENT/CONTRACT REdIEW I /DATE R-vvrE.wm INITIAL/DATE APPROVED
'Zr PROJECT MANAGER
❑ DIVISION MANAGER
❑ DEPUTY DIRECTOR
❑ DIRECTOR
❑ RISKMANAGEMENT (IFAPPLICABLE)
❑ LAw DEPT
10.. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
11. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDERINOTIFIQATION FOR 1 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
❑ FINANCE DEPARTMENT
:gsf LAW DEPT 3 - z a
v SIGNATORY(MAYOR OR DIRECTOR) A
�CITY CLERK
❑ ASSIGNED AG# A
❑ SIGNED COPY RETURNED DATE SENT:
❑RETURN ONE ORIGINAL
COMMENTS:
EXECUTE° "ORIGINALS
112018
RIGHT OF ENTRY AGREEMENT
This Right of Entry Agreement("Agreement") is dated effective this 3 day of
N�N,Q-C.\-\ , 2020 (the"Effective Date"). The parties ("Parties")to this Agreement are FSC
Rn
1pjitwater_Associates, LLC ("Grantor"), a Washington limited liability company
[i.e. an individual, LLC, Corporation], and the City of Federal Way, a Washington municipal
corporation("City").
RECITALS
A. WHEREAS, the Grantor is the fee title owner of real property located at 31224
Pete Von Reichbauer Way S, tax parcel number 921049018, Federal Way, King County,
Washington 98003 ("Property"); and
B. WHEREAS, the City desires to obtain the Grantor's permission to enter onto the
Property, on a temporary basis, to remove and replace existing concrete panels in order to install
a new concrete curb ramp on Pete Von Reichbauer Way S ("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
October 31, 2020 ("Term"). This Agreement may be extended for additional periods of time
upon the mutual written agreement of the Grantor and the City.
3. 1iidci ufIcation. 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.
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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.
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 Arg Bement. 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. Time is of the essence of the terms and provisions of this
Agreement. No alteration, amendment or any part thereof shall be effective unless in writing
signed by both parties sought to be charged or bound thereby.
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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.
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 FEDERAL WAY:
By:
1 Ferrell, Mayor
3325 8th Avenue South
Federal Way, WA 98003-6325
ATTEST:
qAU�2
S h ie Courtney, CMC, t Clerk
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
3
4/2017
GRA T
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FSC REAga
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9777'' 416hi� �ite
(Address r y m1lis,CA 90212
310- Z�8—uk3
(Phone)
STATE OF )
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COUNTY OF
On this day personally appeared before me 5T*mlaa�'K. to me known to be the
Kvkhigel rhe of Fse 31R As6oc, that executed the
foregoing ' .strument, and acknowledged the said instrument to be the tree 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 q day of ,20U.
Notary's signature
A"-
Notary'spriiname
Notary Public in and for thE State of Washington.
My commission expires: f y r
SANDRA MARIE RYAN
Notary Public-California
c -ai Los Angeles County z
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Z Commission#2221550
My Comm. Expires Nov 15.2021
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CITY OF CITY HALL
th Avenue South
FeJ�"
� ,,,�]� �F � � �''�l Federal Way325,WA 98003-6325
(253)835-7000
www.cityoffederalway..com
Jim Ferrell, Mayor
February 19, 2020
C/O Brier Woods Apartments/FSC Brightwater Associates
999 Third Ave, Ste 4600
Seattle, WA 98104
RE.- Sidewalk Removal and F e :eace.m eat on Parke/#921049018
To whom it may concern:
The City of Federal Way is conducting asphalt overlay maintenance including new curb ramps
and associated adjustments on Pete Von Reichbauer Way S adjacent to your property at 31224
Pete Von Reichbauer Way S. In order to install the new curb ramps, a few sidewalk panels on
your property require adjustment. See the attached map. This adjustment will involve removal
and replacement of the panels and will not impact the normal use of the business at this
location. A right of entry form is included for your review and approval to allow for the City's
contractor to enter onto your property and remove and replace the sidewalk panels.
If you have any questions or concerns please contact me at 253-835-2718 or email:
john.cole@cityofFederalway.com .
Sincerely, f
z .
John Cole
t
Capital Engineer
JC:ss
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