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AG 04-100 I /J'/¡',~- v \.." t I ~; DATE IN: I DATE OUT: I TO: j~ ;~ \J~ CITY OF FEDERAL WAY LAW DEPARTMENT \~\ '&:kEQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP I. 2. 4. 5. 6. 7. 8. 9. 10. II. ORIGINATING DEPT./DIV: E~\ç?~c-- ~~S> ~~ N.,\\e.) EXT: ~~63. DATEREQ.BY: ./ ORIGINATING STAFF PERSON: '- TYPE OF DOCUMENT REQUESTED (CHECK ONE) [J PROFESSIONAL SERVICE AGREEMENT [J MAINTENANCE/LABOR AGREEMENT D PUBLIC WORKS CONTRACT D SMALL PUBLIC WORKS CONTRACT D SECURITY DOCUMENT (EG AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) D CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) D CONTRACT AMENDMENT D .9ffi G \P'°THER AG#: (LESS TIIA" $200.000) D PURCHASE AGREEMENT) (MATERIALS, SUPPLIES. EQUIPMENT) D REAL ESTATE DOCUMENT PROJECT NAME: f= l-.) S::. ~ ~\~ NAME OF CONTRACTOR: -- ADDRESS: SIGNATURE NAME: TELEPHONE TITLE ArTACH ALL EXHIBITS AND CHECK BOXES D SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT D INSURANCE CERTIF¡CAII, .P DOCUMENTAUTHORIZING S,IGNATUIU: . ". TERM: COMMENCEMENT DATE: COMPLETION DATE: TOTAL COMPENSATION $_. ~ l ~ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURlY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: DYES D NYF YE. S, MAXIMUM [)OU.AR AMOUNT: $ IS SALES TAX OWED D YES ~O IF YES, $ ~~~ PAID BY: D CONTRACTOR D Crr CONTRACT REVIEW D PROJECT MANAGER D DIRECTOR D RISK MANAGEMENT D LAW ~----- INITIAL/DATE APPROVED - C9NTRACT SIGNA,TURE ROUTING ~AW DEPARTMENT V,' ¡~ ~ITY MANAGER () ~ ITY CLERK IGN COpy ßAC..,KTO ORGINATING DEPT. SSIGNED AG# Ó4-1l5D D PURCHASING: PLEASE CHARGE TO: I~;AL~E APPROVED Þ }; ~;rt; ts INITIAL/DATE APPROVED --~---- COMMENTS .. ~h/uv 7), ~~~<f~ ~ ~\\\ö~ , ... \ 10/09/02 ORIGINAL A (';;;$1 Qtf - ( (JÜ CITY OF ~ Federal Way FORBEARANCE CONDITIONS AGREEMENT THIS AGREEMENT ("Agreement") is dated effective this 28 day of April 2004. The parties ("Parties") to this Agreement are the City of Federal Way, a municipal corporation of the State of Washington ("City"), and Federal Way Public Schools, a municipal corporation of the State of Washington ("District"). A. The District owns certain real property located within Unincorporated King County ("County"), and more particularly described in Exhibit A attached hereto and incorporated by this reference ("Property"). B. The District has applied to King County for approval of construction of a new middle school, pursuant to King County File No. B04CO031 ("Permit Application"). C. The proposed school project is approximately 48 acres in size and includes on-site and off-site improvements consisting of roadway and storm drainage improvements, which development is more particularly described in the documents and records on file with King County in connection with the Permit Application ("Proposed Development"). D The Property is located within the City's Potential Annexation Area ("P AA"). No interlocal agreement exists between the City and King County for proposed developments lying within the City of Federal Way's P AA portion of Unincorporated King County. E. The District prepared an expanded environmental checklist ("Checklist") dated December 2003 and distributed it to appropriate agencies, including King County and the City, to determine if significant adverse impacts on the quality of the environment resulted from the Proposed Development, as required by the State Environmental Policy Act ("SEP A"). F. As lead agency under SEP A, the District performed its environmental review and issued a Mitigated Determination of Nonsignificance ("MDNS") for the Proposed Development on February 12, 2004. G. Pursuant to the SEP A process, which requires notice to affected agencies, the City received copies of the Checklist, a Traffic Impact Analysis dated December 2003 prepared by The Transpo Group for the Proposed Development (the "TIA"), and other related information concerning the Proposed Development. Further, the District issued a notice of consultation on December 22,2003 and the SEPA threshold determination ofMDNS on February 12, 2004. H. The City has had an opportunity to review the plans of the Proposed Development, and the other related information concerning the Proposed Development. The City has also had an opportunity to review the TIA prepared by The Transpo Group, which contains assumptions and calculations regarding trip generation, trip distribution and assignment, level of service, and project generated traffic impacts. 1. Because the Property is located within the P AA, and eventually will be annexed to the City of Federal Way, the City has determined that the Proposed Development will, without mitigation, result in adverse impacts to the transportation network and should therefore provide street lighting along the project frontage and mitigate for adverse impacts as described in this agreement. The District is willing to work with the County and the City to mitigate its share of improvements. J. The City and the District, wishing to avoid uncertainty and consequent delay of the King County approval process concerning the Proposed Development and of any subsequent appeal process, voluntarily entered into a Letter of Understanding ("LOU") dated March II, 2004, the terms of which are incorporated into, and superceded by the terms of, this Agreement. NOW, THEREFORE, the Parties agree as follows: 1. District's Duties: The District agrees to construct street lighting along the South 360th Street frontage of the site as part of the project's street improvements prior to occupancy. The lighting shall be subj ect to County approval. The District agrees to reserve for a period of ten years from the date of this agreement, a $20,373 contribution toward intersection improvements at the intersection of 28th Avenue South/South 360th Street in order to fully mitigate the proposed development's traffic impact at this location. If no development circumstance arises in the County or the City to prompt construction of these improvements prior to the ten-year limitation, the District is released from holding these funds. The District agrees to construct a north-bound left hand turn lane on Military Road South at South 360th Street and an east-bound right hand turn lane on South 360th Street at Military Road South in order to fully mitigate the proposed development's traffic impact at this location prior to occupancy. The District has provided to the City an April 19, 2004 memo with a bus transport and walking route map depicting recommended bus transportation and walking routes to the new middle schooll . 1 Exhibit B - Transport and walking routes to new Middle School New Middle School Forbearance Conditions Agreement April 28,2004 Page 2 Doc. J.D. 27035 Federal Way File #04-1O030l-IA When available and prior to issuance of the building permit, the District agrees to provide the City with a copy of engineering plans for right-of-way improvements. 2. City's Duties In consideration of full compliance with this agreement, including payment of identified impact mitigation fees and satisfaction of all conditions, the City of Federal Way agrees to: a) Forgo filing a SEP A appeal; b) Urge King County to add the aforementioned intersection improvements to the 6-year TIP and/or make improvements at the two intersections referenced above; and c) Actively work with King County to address cumulative impacts of development in this area. 3. Modifications to Project If the District seeks (in accordance with all applicable federal, state, or local laws) to modify the Proposed Development in a manner so as to warrant or require reevaluation under SEP A, or should modification to the Proposed Development result from any administrative determination, quasi-judicial, or judicial determination issued as a result of any appeal of the SEP A determination, the District shall immediately provide notice of said modifications to allow the City to provide its comments to be incorporated into any new or modified SEP A determination issued by the District and to be incorporated into this Agreement; provided that no modification affecting the Conditions shall be requested by the District unless mutually agreed upon by the Parties and evidenced by written amendment to this Agreement in accordance with section 6.2 of this Agreement. 4. Term. The term of this Agreement commences upon its execution by both parties, and terminates upon the completion of all of the provisions of this Agreement. 5. Indemnification. The District agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all 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, except to the extent caused by the sole negligence of the City. The City agrees to indemnify and hold the District, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all attorney fees) to or by any and all persons New Middle School Forbearance Conditions Agreement April 28,2004 Page 3 Doc. J.D. 27035 Federal Way File #04-1O0301-IA or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement, except to the extent caused by the sole negligence ofthe District. 6. General Provisions. 6.1 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 or understandings pertaining to any such matters shall be effective for any purpose. 6.2 Modification. No provIsIOn of this Agreement may be amended or modified except by written agreement signed by the Parties. 6.3 Assignment. The District may not transfer or assign, in whole or in part, any or all of its respective obligations and rights hereunder without the prior written consent of the City, whose consent shall not be unreasonably withheld. 6.4 Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the District and the City shall inure to the benefit of, and be binding upon, their respective successors in interest, heirs, and assigns. 6.5 Attorney Fees. In the event any Party defaults on the performance of any of the terms of this Agreement, or 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. 6.6 No Waiver. Failure of the Parties to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default. Failure of the Parties to declare one breach or default does not act as a waiver of either party's right to declare another breach or default. 6.7 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 6.8 Authority. Each individual executing this Agreement on behalf of the Parties represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Parties. 6.9 Notice. Any notice required to be given by the Parties shall be delivered to the Parties at the addresses set forth in this section. 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 below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. New Middle School Forbearance Conditions Agreement April 28, 2004 Page 4 Doc. J.D. 27035 Federal Way File #04-100301-IA City of Federal Way Attention: Greg Fewins Deputy Director, Community Development Services Dept. PO Box 9718 Federal Way, WA 98063-9718 (253) 661-4019 Federal Way Public Schools Attention: Rod Leland Director of Facilities 31405 18th Ave S. Federal Way, WA 98003-5433 (253) 945-5934 6.10 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Agreement. 6.11 Performance. Time is of the essence of this Agreement, and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to performance under this Agreement. 6.12 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 City at law, in equity or by statute. 6.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 6.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 6.15 Signature. The Parties agree that their faxed signatures and notary shall be valid and binding for purposes of executing this Agreement. 6.16 Full Force and Effect. Any provision of this Agreement which 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. DATED the day and year set forth above. New Middle School Forbearance Conditions Agreement April 28, 2004 Page 5 Doc. 1.0. 27035 Federal Way File #04-10O301-IA Davi Moseley, . I CI tyr' Manager 33530 1st Way South PO Box 9718 Federal Way, WA 98063-9718 FEDERAL WAY PUBLIC SCHOOLS STATE OF W61~\\.\\L~mt't.) ) ss. COUNTY OF \,,~~ ) On this day personally appeared before me \Ìlo~Gt ~ R. M()..r rii, to me known to be the S l V\.--t of F lC .s; s that executed the foregoing instrument, and acknowledged the said' strument 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~O it--day of ~ ~. CHlfSTlfiE 1<. Po~ (typed/printed name of notary) Notary Public in and for the State of LV A My commission expires 0 ót/, Q..( 0$ ,200!J New Midd]e School Forbearance Conditions Agreement Apri] 28, 2004 Page 6 Doc, LD, 27035 Federa] Way File #04-10030] -IA Exhibits: A: Legal Description B: Memo and Map Depicting Transportation and Walking routes to new Middle School K: \N ewMiddle SchooI\F orbearAgrmtFinalA New Middle School Forbearance Conditions Agreement April 28, 2004 Page 7 Doc. LD. 27035 Federal Way File #04-100301-IA New Federal Way Middle School Forbearance Conditions Agreement Legal Description: PARCEL A: THE EAST THREE.QUARTERS OF THE NORTH 23 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 'n, TOWNSHIP 21 NORTH. RANGE -4 EAST, W.M.,IN KING COUNTY, WASHINGTON. PARCEL B: THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 21 NORTH, RANGE -4 EAST, W.M., IN KING COUNTY, WASHINGTON; , EXCEPT THE NORTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED IJN)ER RECORDING NO. 2613173; ALSO EXŒPT ROADS. PARŒLC: THE EAST HAlF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 'n, TOWNSHIP 21 NORTH, RANGE -4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT 30 FEET ON THE NORTH SIDE RESERVED FOR PUBLIC ROAD PURPOSES; ALSO EXŒPT ROADS. - PARCEL D: A PORTION OF THE SOUTHWEST QUARTER OF SECTION 'n, TOWNSHIP 21 NORTH, RANGE -4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOlLOWS: BEGINNING AT A POINT 1425 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE CONTINUE NORTH 0"13'07" WEST ALONG THE WEST LINE OF SAID SUBDMSION 529.17 FEET TO THE INTERSECTION WITH A LINE THAT IS PARALlEL WlTIi AND 23 FEET SOUTH OF THE SOUTH LINE OF THE NORTH HAlF OF THE NORTH I-W.F OF SAID SUBDIVISION; THENCE NORTH 89"31'47" EAST ALONG SAID LINE, 1300.12 FEET TO THE WEST LINE OF GOVERNMENT LOT 2 IN SAID SUBDMSION; THENCE NORTH 0"01'07" WEST ALONG SAID WEST LINE 685.69 FEET TO THE NORTH LINE OF SAID SUBDMSION; THENCE NORTH 89"21'40" EAST ALONG SAID NORTH LINE 235.01 FEET; THENCE SOUTH 0"01'07" EAST, PARALlEl WITH TIiE WEST LINE OF GOVERNMENT LOT 21N SAID SUBDMSION, 1227.31 FEET TO THE INTERSECTION WITH A LINE THAT IS PARAUEL WITH. AND 1425 FEET NORTH OF, THE SOUTH LINE OF SAID SUBDIVISION; THENCE SOUTH 89"5T41" WEST ALONG SAID LINE, 1533.22 FEET TO THE POINT OF BEGINNING; EXCEPT 30 FEET ACROSS THE NORTH LINE OF SAID SUBDMSION FOR ROAD PURPOSES; ALSO EXCEPT THE WEST 30 FEET OF SAID SUBDIVISION DEEDED TO KING COUNTY FOR ROAD PURPOSES BY INSTRUMENT RECORDED UNDER RECORDING NO. 26~ . ALSO EXCEPT ROADS. PARCEL E: AlL THAT PORTION OF GOVERNMENT LOT 2, SECTION 27, TOWNSHIP 21 NORTIi, RANGE -4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF A LINE DESCRIBED AS FOU.OWS: STARTING AT TIiE NORTHEAST CORNER OF SAID GOVERNMENT LOT 2; THENCE WESTERLY ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 2 A DISTANCE OF 660.8 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE SOUTH 2"38.5' EAST A DISTANCE OF 1045.6 FEET, MORE OR LESS, TO FIVE MILE lAKE; EXŒPTTHAT PORTION LYING SOUTH OF A LINE PARAllEL WITH AND 1425 FEET NORTH OF THE SOUTH LINE OF SAID SECTION Z7; EXCEPT THE WEST 235.01 FEET THEREOF; ALSO EXCEPT ROADS. EXHlb. h P AGEÌ-OF-----L- --- ",;,~'.,j::(~', ,- ..'if; ~ " Memo To: Rod Leland From: Rick laBoyne Date: Cindy Wendland, Sally Mclean 4/19/2004 cc: Re: WalkingfTransportation Boundaries for 7tI1 Middle School On April ¡'h, 2004, the Assistant Transportation Director, Cindy Wendland and I conducted a survey of the area surrounding the site of the 7tI1 Middle School, located on S. 360th St, east of 3200 Ave South in Auburn. The purpose of our survey was to determine preliminary walking and transportation boundaries. Resources used in determining the below recommended boundaries included our existing transportation services data, Safe Walking Evaluation tools developed by the Washington State Office of the Superintendent of Instruction and the current School Administrators Guide to School Walk Routes and Student Pedestrian Safety, Washington Traffic Safety Commission and the Washington State Department of Transportation, July 2003. The District provides bus serVice to students living one or more radius miles away from their neighborhood school and will provide bus service within the one mile radius when the there is inadequate infrastructure to provide students with an adequate walking route as determined by use of the resources listed above. The survey resulted in a determination that students living west of and along 28th Ave South and north of South 360th Street will be provided with bus transportation. This is consistent with current service to Lakeland Elementary, located at the intersection of 3200 Ave. South and S. 360th Street. Students living along the 3200 /34th /37th Ave. South corridor north of South 360th Street, south of 34Sth Street and west of Military road will not be provided with bus service and are expected to walk along the South 3200 /34th /3¡'h Streets corridor to get to the new school. Bus service will be provided for students that live north of South 34Sth. as this is consistent with our current service to Lakeland Elementary. Students living east of and along Military Road South will be provided with bus service. Students living west of Enchanted Parkway will be provided with bus service. Students living south of South 360th and east of Enchanted Parkway (except for the community that can only be accessed via Enchanted Parkway) will not be provided with bus service and will be expected to utilize a combination of 28th Ave. South, South 368th Street and 3200 Ave. South to walk to and from school. Students living south of South 360th and east of 28tI1 Ave. South will also use South 368th Street and 3200 Ave. South to walk to and from school. I have attached a map that indicates where bus service will be provided and the recommended walking routes for students not offered bus service. a llJ Installation of a sidewalk or paved shoulder and curbing to separate the walking path along South 360th ~ Street between 26th Ave South and 3200 Ave. South would allow the district to eliminate or reduce the ~ level of bus service to students living within the one mile radius for Lakeland Elementary and the new oe::::: school.' Walkway improvements on South 360111 would result in onlYtI1those st,udents livil)g a~nd CO east of Military Road South, north of South 34StI1 along the 3200 / 34 /@ ~~~9rrid~ west :::> of Enchanted Parkway (except for the community that is only accesseJv¡~ Ë~c~~~ea Þarkw~15elng Cf) bused. PAGE-LuF~ "-:t- a a C"-I N N 0::: Q oq:~ ."n, Û . ,. 3' , .,.!":C"" ,,"11 , :j .... J (,", '.p . ~'t' , ~- :.:. 3.:¥i~r, :: ~ " - \~'.u-' ,,1 ,-- .1 t'ht.", ~; /'-ioÞê 34ß, .J " II ' .. -- ;> '!, ' ' >0" ,... 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