AG 20-064 - Active Construction RETURN TO: PW ADMIN EXT: 2700 ID#:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. OR[GINATINGDEPT/D[V: PUBLIC WORKS/
2. ORIGINATING STAFF PERSON:
Theresa Thurlow EXT: 2750 3. DATE REQ.BY: asap
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 AMENDMENT(AG#): ❑ INTERLOCAL
x OTHER Lease of SWM Property to PW Contractor for 1gyd wn area
4. PROJECT NAME: Lease of SWM Property to PW Contractor for laydown area
5. NAME OF CONTRACTOR: Active Construction Inc.
ADDRESS: PO Box 430. Puyallup: WA 98371 TELEPHONE: 253-606-6506
E-MAIL: zac a(@activeconsiruc Ion cam FAX: 253-248-1092
SIGNATURE NAME: Day1d Ceccanti TITLE: PrPsident
6. 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. 12/3I/ UBI# EXP.
SWM Lease and Exhibit of maintenance storage yarn- �T
7. TERM: COMMENCEMENT DATE: COMPLETION DATE: June 307 2020
S. TOTAL COMPENSATION:$ $1,656.00 (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: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED
401-0000-=-362-00-000
LX PURCHASING: PLEASE C-m-,tR-@E TO:
Apply
9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVTEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
CK DIVISION MANAGER __..
❑ DEPUTY DIRECTOR
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW DEPT sgg lr, ro iipg fora1
10. COUNCILAPPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE.: March 2, COUNCIL APPROVAL DATE: march 17,
wu2u 2020
11. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION 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
❑ LAW DEPT
❑ SIGNATORY(MAYOR O IRLCTOR)
❑ CITY CLERK WO
❑ ASSIGNED AG# AG#
❑ SIGNED COPY RETURNED DATE SENT:
❑RETURN ONE ORIGINAL
COMMENTS:
EXEC "ORIGINALS
412017
PARKING LEASE
THIS PARKING LEASE(the"Lease") is entered into this 7th day of April 2020
by and between the City of Federal Way, a Washington municipal corporation ("Landlord"), and Active
Construction, Inc. a Washington State corporation. ("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 the enclosed
area as shown in Exhibit A at the Property as described and under the terms and conditions set forth in this
Lease.
AGREEMENT
I. Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord an enclosed
area located at the Property in the locations depicted on the attached Exhibit A (the "Premises"). Landlord
also grants to Tenant and its agents,employees,consultants,and invitees a non-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 tern of this Lease shall commence on the date entered above, and shall terminate on
June 30, 2020.
3. Rent. Tenant shall pay a one-time rental fee in the amount of$1,656.00. 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 oh Premises. The Premises shall be used for material storage, equipment and vehicle parking
by Tenant and its agents,employees,consultants, and invitees and for no other purpose without Landlord's
prior written consent.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. Tenant agrees to
keep the area above the underground storage tanks as shown in Exhibit A, labeled as "No Parking Area,"
clear of all material, equipment, and vehicle parking.
5. Access and Use. Tenant shall have the right to use the Premises from Monday through Saturday. .
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: Active Construction Incorporated
Attention: Zach Gustafson
P.O. Box 430
Puyallup, WA 98371
If to Landlord: City of Federal Way
Attention: EJ Walsh, Public Works Director
33325 8th Avenue South
Federal Way, WA 98003-6325
12. Governmental Charf es. 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: B4alsh By: David Ceccanti
Its: Public Works Director Its: President
Date: `-\ Date: Aril 7 2020
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that David Ceccanti 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 Project Manager of Active
to be the free and voluntary act and deed of such party for the uses and purposes
mentioned in the instrument.
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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_1.1'cn'ktis I7irrctor 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.
Dated: o�;yt►1�11iti�� acc Q ( m�'
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