AG 20-059 - NWCC Center Plaza t
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT/DIv: PUBLIC WORKS/CAPITAL PROJECTS
ORIGINATING STAFF PERSONJOHN COLE EXT: 2718 3. DATE REQ.BYA/1/20
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 Cl RESOLUTION
❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL
I<OTHER RIGHT OR ENTRY
PROJECT NAME: 2020 ASPHALT OVERLAY PROJECT
NAME OF CONTRACTOR: NWCC CENTER PLAZA LLC
ADDRESS:2012 S 320IH ST TELEPHONE:
E-MAIL: FAX:
SIGNATURE NAME: MARK MCDONALD TITLE:
EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION o INSURANCE REQUIREMENTS/CERTIFICATE o ALL OTHER
REFERENCED EXHIBITS o PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP.
TERM: COMMENCEMENTDATEA/1/2020 COMPLETION DATE:C
TOTAL COMPENSATION:$ 00 (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: o YES ❑NO IF YES,$ F'AlI I[:Y' -ICONTRACTOR ❑CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
X PROJECTMANAGER 3/24/20
o DIVISION MANAGER _
❑ DEPUTY DIRECTOR _ lc' 3/31/20
❑ DIRECTOR —
❑ RISK MANAGEMENT (IF APPLICABLE
❑ LAW DEPT ER 3/31/20
0. COUNCILAPPROVAL(IF APPLICABLE) SCI IEDULLD COMMrrl'EE DATE: COMMITTEE APPROVAL,DArE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL,DATF,:
1. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT.SUPPORT STAFF 11;NECESSARY AND FEEL FREE TO SET NO'rIFICA'I'ION MORE'rHAN A MONTH IN ADVANCE IF COUNCILAPPROVAL IS NEEDED.)
INITIAL/DATE SIGNED
❑ FINANCE DEPARTMENT
X LAW DEPT ?.D
X SIGNATORY(MAYOR OR DIRECTOR Lall
X CITY CLERK -�
❑ ASSIGNED AG# AG -O
❑ SIGNED COPY RETURNED DATE SENT:
'OMMENTS:
'XECUTE" "ORIGINALS
10020
RIGHT OF ENTRY AGREEMENT
This Right of Entry Agreement("Agreement")is dated effective this—day of
, 2020 (the "Effective Date"). The parties ("Parties") to this Agreement are
,= u-G
- PL 'LA "Grantor" t t t l
t ("Grantor"), a � l`i'!'L: C_`{tG.�t-J_'i'--f 'r}�.r�1.''-��:- fl.e.
an individual, LLC, Corporation], and the City of Federal Way, a Wasliuu-Ttom municipal
corporation("City").
RECITALS
A. WHEREAS, the Grantor is the fee title owner of real property located at 2012 S
320TH ST, tax parcel number 921049297, 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 Reicbauer 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 Entr. 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. 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.
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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' Nees. 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. G3v er iw. i 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:
]n Ferrell,Mayor
33325 8th Avenue South
Federal Way, WA 98003-6325
ATTEST:
St6l&Aie Courtney, CMC, City Jerk
APPROVED AS TO FORM:
��'Kjk
J. Ryan Call, City Attorney
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GRANTOR: –
..._ -
__.= Sigiature _
(Name)
14Dz
(Address)
(Phone)
STATE OF WASHINGTON )
) ss.
COUNTY OF -(L,- L
this day personally ap eared before me �` �_ = ° !..< y-t _:� , to me known to be the
r2c f tC. ," C that executed the
foregoing ins ent, and ac. owledged 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 5 day of L— ,2020
Notary's signaturei-c -
Notary's printed name
N o t tiYy Public in and for the State of Washington.
M y commission expires: 0912-al 2-4C-)
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4/7/2020 Corporations and Charities System
ess5%, p, lu-and Charities Filing System
BUSINESS INFORMATION
Business Name:
NWCC CENTER PLAZA LLC
UBI Number:
603 519 903
Business Type:
FOREIGN LIMITED LIABILITY COMPANY
Business Status:
ACTIVE
Principal Office Street Address:
1402 E PIKE ST,SEATTLE,WA,98122-4148, UNITED STATES
Principal Office Mailing Address:
Expiration Date:
06/30/2020
Jurisdiction:
UNITED STATES, DELAWARE
Formation/Registration Date:
06/30/2015
Period of Duration:
PERPETUAL
Inactive Date:
Nature of Business:
REAL ESTATE
REGISTERED AGENT INFORMATION
https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1/2
4/7/2020 Corporations and Charities System
Registered Agent Name:
ACB SERVICES LLC
Street Address:
1420 FIFTH AVE#3650, SEATTLE,WA, 98101-0000, UNITED STATES
Mailing Address:
1420 FIFTH AVE#3650, SEATTLE,WA, 98101-0000, UNITED STATES
GOVERNORS
Title Governors Type Entity Name First Name Last Name
GOVERNOR INDIVIDUAL MARK MCDONALD
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Filing History Name History Print Return to Business Search 1
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