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AG 20-818 - Temple Fitness LLCRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT . ORIGINATING STAFF PERSON: . TIM JOHNSON EXT: —2412 , 3. DATE Q. BY. ASAP ON 5190900 1 ROM El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES / CDBG 0 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 1:1 ORDINANCE D RESOLUTION * CONTRACTA NT (AG#): DINTERLOCAL * OTHER CARES ACT FUNDS susSSSUPPORT GRANT AGREEMENT PROJECTNAME:— CARE SACT GRANT AROUND2 NAME OF CONTRACTOR: TEMPLE FITNESS LLC ADDRESS: 35417 21ST AVE SW, FEDERAL WAY WA 98023-3050 TELEPHONE: (253) 838-0872 E-MAIL: BRYNN@TEMPLEFITNESSFW.COM SIGNATURE NAME: BRYNN ESBENSHADE TITLE: SEE ATTACHED q TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETIONDATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO1100 ($2,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAMAGE AMOUNT: m., El RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND ROVIDED 11 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL /DATE APPROVED 0 JECT MANAGER - I P71HRUE CTO R a — 0 RISKMANAGE MENT (IFAPPLICABLE) In - El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: CommiTrEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: NW41410y "Allej &IIE"00411i 1:1 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D- • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • CREATE ELECTRONIC REMINDERINOTIFICATION FOR 1 MONTIIP O 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 El LAW D "'PARTMENT N I ' To AI`RY (MAYOR OR DIRECTOR) k'CITY CLERK 0 ASSIGNED AG# AG# ]OMMENTS: 1/2020 F e d e r a I W a y CITY HALL 33325 Sth Avenue South Fedsial Way, WA 98003-6325 (25318,35-7000 rorr, P '3 WITH TERME FITNESS LLC This Grant Agreement ("Agreement) is made between the City of Federal Way, a Washington municipal corporation ("City"), and Temple Fitness LLC, a lithited liability company Mantee'). The City and Grantee (0gedier 'T�ffies") are located and do business 9 the below addresses �ifiich shall be valid for any notice required under this Agreement: TEMPLE FITNESS LLC: BRYNN ESBENSHADE 3 5417 21 st Ave SW OF FEDERAL WAY: Ade Ariwoola 33325 8th Ave. S. F 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 2. CONDITIONS OF GRANT. 2.1 Warranties: The Grantee warrants the following, which are pre -requisites for grant eligibility: a) Grantee operates a business physically located within the political boundaries of the City of Federal Way, b) Grantee maintains a current City of Federal Way business license; c) Grantee has paid all taxes and government fees due up to the date of execution of this grant agreement-, d) Grantee's business employees no more than the equivalent of to (10) full-time employees (20,800 man-hours total for all employees per year); e) Grantee's net revenues do not exceed more than $1.5 million per year; f) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service; g) Due to C ID -1 , Grantee business (clieck al I Was required by state or local order to close Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue CITY Of CITY HALL 33325 ft Awnue Soufn 404 Federal Way, WA 08003-6325 = ) 83 .k Federal Way - -7000 1% 71e (2535 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing f) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its deSl gnee upon request. 3. 10MAU21AM. Should any of the conditions described in section 2.1 above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses 1 Loll L not to exceed Two Thousand and NO/100 Dollars ($2,000.00). 4.2 Non-Appro ation of Funds. If sufficient fimds are not appropriated or allocated for payment under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 911191019112 1 im 5.1 The Grantee agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or 9 �g licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the City, the Grantee's liability hereunder shall be only to the extent of the Grantee's negligence. Grantee shall ensue that each sub -Grantee shall agree to defend volunteers to the extent and on the same terms and conditions as the Grantee pursuant to this paragraph. The City's inspection or acceptance of any of Grantee's work when completed shall not be grounds to avoid any of these covenants of indemnification. by any limitation on the amount of damages, compensation or benefits payable to or by any third party -under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. RTTINTNWO�� CITY or A .S,, Federal Way CIT' Y HALL 33325 8th Avenue South FederW Way. WA 98003-6325 (253)835-700C� Can, 5.3 City Ig(lenitiffid4tibb. The City agrees to release, indemnify, defend and h Id the Grantee, its p officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses 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. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. GENERAL PROVISIONS. 6.1 LI _g . This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in fall force and effect. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 6.2 Enforcement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 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 City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquislunent of those covenants, agreements or options, and the same shall be and remain in full force and effe Failure or delav of the Citv to declare 4gy breach or default immediately upon occurrence shall not waive Mama 1 41 11*11M L 14 Mis =3 claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that'such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other Parties' rights to indemnification under Section 5 of this Agreement. • OT �TMMMZTMOI CITY OF ON , S� Federal Way CITY HALL 33325 8th AvenUe SOUth Federal Way. WA 98003--6325 (253) 83-5-7000 wvvwd�yvff do"'zolwayrom 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantee cepresents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. DATE: e-7 By: Printed Name: Title: DATE: 9/30/2020 Washington State Department of Revenue 7 Business Lookup IM-mr-Iff "MITTT-M Entity name: TEMPLE FITNESS LLC Business name: TEMPLE FITNESS LLC Entity type: Limited Liability Company UBI: #: 603-391-227 Business 11). 001 Location ID: 0001 Location: Active Location address: 35417 21ST AVE SW FEDERAL WAY WA 98023-3050 Mailing address: 3302010TH AVE SW UNIT A302 FEDERAL WAY WA 98023-5705 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Status Federal Way General Business 14 -106292 -00 -BL Active Minor Work Permit Active Governing People May Include governing people not registered with secretary ofStuft Governing people Title ESBENSHADE, BRYNN ESBENSHADE, DANIEL New search Back to results Expiration date First issuance dal Apr -30-2021 I Dec -12-2014 Apr -30-2021 Apr -14-2016 The Business Lookup information is updated nightly. 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