AG 21-101 - JAMES W FOWLERRETURN TO: PW ADMIN EXT: 2700 ID #: 3917
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC woRKs / Surface Water Management Diyisiolb
2. ORIGINATING STAFF PERSON: Theresa Thurlow EXT: 2750 3. DATE REQ. Blw': May 19, 2021
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
® OTHER Lease of SWM 359th St Parcel
4. PROJECT NAME: Lease of SWM 359th Parcel
5. NAME OF CONTRACTOR: James W Fowler
ADDRESS: PO Box 489 12775 Westview Drive Dallas, OR 97338 TELEPHONE: 503.623.5373
E-MAIL: maiIto: B anG 'wfowler.com FAX:
SIGNATURENAME: Jahn Fowler TITLE: President
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. 12/31/ UBI # . EXP.,/ /_
7. TERM: COMMENCEMENT DATE: date of signature COMPLETION DATE: May 30 2022 w/a tion for ext
8. TOTAL COMPENSATION: $ $12,125 to SWM Acct (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES D NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑ YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:. revenue to be deposited into SWM Account: 401-0000-000-362-00-000
9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER
A DIVISION MANAGER
d DEPUTY DIRECTOR DSW 5/12121
6 DIRECTOR EJW 5/17/2021
❑ RISK MANAGEMENT (IF APPLICABLE)
A LAW DEPT ER 5/14/2021
10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: 05.03,21
SCHEDULED COUNCIL DATE: 0518,21 COUNCIL APPROVAL DATE:
11. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 5/20/21 DATE REC' D. 6/18/21
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ 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
❑ FINANCE DEPARTMENT
❑ LAW DEPT
d SIGNATORY (MAYOR ORDI'RECTOR)
1' CITY CLERK �r
❑ ASSIGNED AG # AG# 1
❑ SIGNED COPY RETURNED DATE SENT:
COMMENTS:
EXECUTE " " ORIGINALS
1/2020
PARKING LEASE
THIS PARKING LEASE (the "Lease") is entered into this A day of \ Utlt. 2021
by and between the City of Federal Way, a Washington municipal corporation ("Landlord"), and James W.
Fowler Co, a Corporate Company of Washington State. ("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 359th St Parcel, legally described
as King County Parcel #2921049059 (Property).
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
1. 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 term of this Lease shall commence on the date entered above, and shall terminate on
May 30, 2022. Tenant may request to extend the lease of the Property past the termination date. Lease
extension request shall be submitted to SWM Division Manager no later than April 1, 2022.
3. Rent. Tenant shall pay a one-time rental fee in the amount of Twelve Thousand One Hundred
Twenty -Five and 00/100 ($12,125.00). 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 of Premises. The Premises shall be used for on -site construction trailer, material storage,
equipment and vehicle parking, and its agents, employees, consultants, and invitees and for no other purpose
without Landlord's prior written consent, which consent shall not be unreasonably withheld. 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 will make the following changes to
the parcel: install temp fencing, laydown geotextile fabric and cover with rock to stabilize the soil of any
space to be used. Landlord will inform Tenant no later than April 1, 2021 whether to leave or remove
improvements and restore parcel to original condition. Tenant is aware of the critical areas buffer as outlined
in attached site map and agrees to install erosion control measures as necessary. Once Tenant has
established site for use, SWM Inspectors will determine if erosion control measures are required.
5. Access and Use. Tenant shall have the right to use the Premises from Monday through Saturday
between 5:00 AM and 10:00 PM. Landlord shall have and retain the right to access the Premises as needed
for conservation property maintenance and inspection of erosion control measures should they be installed.
6. Liens. and hn rovements. 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.
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 email or by recognized overnight courier addressed as follows:
If to Tenant: James W. Fowler Co.
Attention: Bryan Gillespie
PO Box 489
12775 Westview Drive
Dallas, OR 97338
Bryn nGCd1JWFowl cr.com
If to Landlord: City of Federal Way
Attention: EJ Walsh, Public Works Director
33325 8th Avenue South
Federal Way, WA 98003-6325
>E] . W alsh(c—o.cityo ffe de ra l way. coin
12. Governmental Charges. Landlord shall indemnify and save Tenant harmless from any taxes,
assessments or govermnental charges of any kind which may be levied against the Premises.
13. Subrcgation_Waiyer. 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]
1,AN DLL
By' J Walsh
I : Public Works Director
Date: C." �100 ) ZD"Z �
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STATE OF )
) ss.
COUNTY OF VOUL
Its: President
Date: 6_
I certify that I know or have satisfactory evidence that ��� r �' �" 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 President of John W Fowler, Co to be
the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument.
Dated: -
Notary Public=a1dr the State of i� nhitr�fl be(�OFFICIAL STAMP Residing at❑ r2 J
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NOTARY PUBLIC - OREGON Printed Name
COMMISSION NO.975816
MY COMMISSION EXPIRESJUNE21, 2022
My appointment expires
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
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 Works Director 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.
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Notary Publ' • n and for de State &Washington
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