AG 20-065 - Waste Management of Washington RETURN TO. EXT:
AUTUMN GRESSETT 6914
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV: PRCS/PAEC
ORIGINATING STAFF PERSON: AUTUMN GRESSETT EXT: 6914 3. DATE REQ,BY:ASAP
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 W MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT(AG#):y ,-INTERLOCAL
❑ OTHER
PROJECT NAME: LEASE OF OLD TARGET PARKING LOT TO WASTE MANAGEMENT OF WASHINGTON,INC
NAME OF CONTRACTOR: WASTE MANAGEMENT OF WASHINGTON,IN
--- .
ADDRESS: 701 2ND ST NW AUBURN WA 98001 TELEPHONE 253-804-6760
E-MAIL:MDAVIS35@WM,COM FAX:
SIGNATURE
N.... ... --- ...,.......�...........____ � � ,,.... _mm.�.
AME: TITLE SENIOR DISTRICT MANAGER
EXHIBITS AND ATTACHMENTS:W SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE WALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: COMPLETION DATE:
MAY1,2020 2020 SEPTEMBER 30,2020
TOTAL COMPENSATION$$41,160 (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 1F YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑YES ❑NO 1F YES,$ PAID M:(-1CON G'@ A 1 OR k-I CITN"
RETAINAGE: RETAINAGE AMOUNT: E]RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE
❑ PURCHASING: PLEASE CHARGE TO:
0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/,DATE APPROVED
* PROJECT MANAGER AG 3/26/2020
----
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
W LAW ER 3/27/2020 ER 3/31/2020
1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: -------- -----
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
2. CONTRACT SIGNATURE ROUTING
SENT TO VENDOR/CONTRACTOR DATE SENT: -111. mm.. DATE RECD "
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFIC, TE,
G-1t_"L:NSI'S. EHIBITS
❑ 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
❑ LAW DEPARTMENT
1 SIGNATORY(-,C T, "WT)T+�N" DIRECTOR) K) " p ''�
CITY CLERK I y
❑ ASSIGNED AG# A ,rP
❑ SIGNED COPY RETURNED DATE SENT:
:OMMENTS
1001 R
720 E.Butterfield Road
Lombard,IL 60148
(630)572-2407 Tel
ASTe as ra, ' E" T (630)572-9894 Fax
YdUIhdx@MI eM
April 24, 2020
To,
City of Federal Way
Attention: Autumn Gressett
333258 Ih Ave S
Federal Way, WA 98003
Re. lease Agreement between
Citi of Federal Way.. (LandloEL and
Waste Management of Washington, Inc. Tenant
for real estate at Old Target Parkin Lot,,, 2141 S 314th South Federal Way, WA
Dear Autumn,
Attached please find partially executed legal document for the above-mentioned Lease.
Please countersign and return the document to the below mentioned address. I have forwarded 2
copies, one for your files and the other one to be signed and returned to Waste Management.
Waste Management
Attn: Corporate Real Estate, Vidya Darshane
720 E. Butterfield Rd. 4`h Floor
Lombard, IL 60148
Should you have any questions,please contact Craig Post at 1-630-218-1512 or email him at
c ostl @wm.com.
Sincerely,
Vidya Darshane
Sr. Lease Portfolio Manager
Tel# 1-630-572-2407
Email—vdarshan@wm.com
PARKING LICENSE
THIS PARKING LICENSE(the"License")is entered into this 4day of April,2020("Execution
Date)with an effective date of 1st day of May 2020("Effective Date")by and between the City of Federal
Way, a Washington municipal corporation ("Grantor"), and Waste Management of Washington, Inc. a
Washington State corporation. ("Licensee").
RECITALS
A. Grantor is the owner of that certain improved parcel of real property located in the City of
Federal Way,King County,Washington commonly known as Old Target Parking Lot off
of Pete von Reichbauer Way S,located at 2141 S 314` South and legally described as King
County Parcel#0921049017 and#8575000020 ("Property").
B. Grantor desires grant to Licensee a exclusive license to use a portion of the Property for
the Permitted Use,as defined herein,with ingress and egress pursuant to the terms set forth
herein.
AGREEMENT
1. Premises.Grantor hereby grants to Licensee a License to use,an area enclosed by a chain link fence
located at the Property in the locations depicted on the attached Exhibit A(the"Premises"). Licensee shall
be required to provide a secured chain link fence enclosure surrounding the area marked on Exhibit A.
Grantor also grants to Licensee and its agents,employees,consultants,and invitees a non-exclusive license
for vehicular and pedestrian ingress,egress,and access over,upon, across,and through the Property for the
benefit of the Premises.This License shall terminate automatically at the expiration of the term.
2. Term. The term of this License shall commence on the Effective Date, and shall terminate on
September 30,2020.
3. Rent.Licensee shall pay a one-time rental fee in the amount of$41,160.00("Rental Fee").Licensee
shall pay the Rental Fee at least 7 days prior to the Effective Date. Should Licensee fail to pay the one-time
Rental Fee within the time period and such non-payment remains uncured for a period of ten(10) days of
written notice of Grantor,this License will not be effective and no license is granted.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 material storage, equipment and vehicle parking
by Licensee and its agents,employees,consultants,and invitees and for no other purpose without Grantor's
prior written consent. Licensee 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 mmtJse. Licensee's access to the Premises shall be from 7:OOam — 5:OOpm, Monday
through Sunday. Grantor reserves the right to make other uses of the Premises that do not interfere with
Licensee's use.
6. [Jens cmd lam r`avedments. Licensee 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 Licensee.
7. Condition of,Premises. Licensee accepts the Premises"as-is.-
8. ma i I il erlzlnccaildI�"CGi-antor shall not be responsible for any costs associated with cleaning,
maintaining, and repairing the Premises.
9. AcecideWs ond kJohil I t�, lri kinqwc. Grantor, its elected officials, officers, employees, agents, and
volunteers shall not be liable for any inJury or damage to persons or property sustained by Licensee or
Licensees invitees in and about the Premises or Property, CXCCpt to the extent such h1jury or damage is
caused by Grantor's or its elected officials% officers', employees', agents% or volunteers' negligence or
breach of this License. Licensee agrees to inderninify, defend and hold Grantor 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 Property resulting trom Licensee's negligence or breach of this License,except to the
extent caused by Grantor's negligence or breach or this License. Licensee shall maintain commercially
reasonable liability insurance on the Premises and to name the City as an additional insured.
10. Stiocessors and A., This License 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.
H. Notices. All notices hereunder shall be in writing and shall be delivered personally,by certified or
registered mail, by email or by recognized overnight courier addressed as follows:
If to Licensee: Waste Management or Washington, Inc
Attention: Marc Davis
Mdavis35@wnn.corn
701 2"" St NW
Auburn,WA 98001
With a copy to: Waste Management of Washington, Inc.
c/o Commercial Real Estate Department
Attention:Director of Real Estate
720 East Butterfield Road,4"'Floor
Lombard,Illinois 60148
If to Grantor: City of Federal Way
Attention:Autumn Gressett,Contract Administrator
Autui-nn.gressett@cityoffederalway.com
33325 8th Avenue South
Federal Way,WA 98003-6325
Or to such other address(es)or addressee(s)as any party entitled to receive notice hereunder shall designate
to the other in the manner provided herein for the service of notices. Rejection,refusal to accept,or inability
to deliver because of changed address or because no notice of changed address was given,shall be deemed
receipt.
12. Governmental Cliarggs. Grantor shall indemnify and save Licensee harmless from any taxes,
assessments or governmental charges of any kind which may be levied against the Premises.
13. S i, M r
,j,,;ahmi Miiver. Each of Grantor and Licensee 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. II.Ili-�,-ii:c-�-k.L!,L. l.lilei-il,i.,,I This License contains the entire agreement between the parties and supersedes
all other statements or understandings between the parties.
15. Counterparts. This License may be executed by the parties in any number of separate
counterparts,and all such counterparts so executed constitute one agreement binding on all the Parties,
notwithstanding that all the parties are not signatories to the sarne counterpart.This License may be
executed by facsimile signatures or by electronic signatures(such as an executed pdf document ernailed
by a party), and each counterpart executed and transmitted by facsimile or email shall have the same force
and effect as an originally executed document.
IN WITNESS WHEREOF,the parties hereto have executed this instrument on the date herein set forth.
[Signature Pages Follow]
GRANTOR: LICENSEE:
WASTE MANAGEMENT 4
"4 AS INGTON, INC.
y: John Hutton By: James A. Wilson
Its: Parks Director Its: Vice Pr e sidcn
Date: '
Date: ....
STATE OF ILLINOIS )
ss.
COUNTY OF DUPAGE )
I certify that I know or have satisfactory evidence that James A. Wilson 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 Vice President of Waste Mana ement
of Washington, Inc to be the free and voluntary act and deed of such party for the uses and purposes
mentioned in the instrument. �� V
Ptrblic in and forthe Dated: � .� � 2020
itar r
y � the State of Illinois
Residing at Hoffman Estates IL
00
OMCKSM Printed Name Vidya Shirish Darshane
MYA WHIRISM OMSIVM
W OT
1 L My appointment expires October 21, 2023
EXHI,B.I.T...A.
J
ri
i
iR
I;
1.
y
J�
r
r �
w
.M