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AG 97-12411 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ORIGINATING STAFF PERSON: TYPE OF DOCUMENT (CHECK ONE): O CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) O PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT O GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG#): ❑ OTHER EXT: 3. DATE REQ. BY: ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT O HUMAN SERVICES / CDBG O SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) O RESOLUTION X INTERLOCAL PROJECT NAME: ?\ps !1't-1- NAME OF CONTRACTOR:1'�-�'�� ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: YN TITLE EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: COMPLETION DATE: 3 / J ! ,Gat TOTAL COMPENSATION $ 'l P (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE O PURCHASING: PLEASE CHARGE TO: N 1 A 0. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER O DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 1. COUNCIL APPROVAL OF APPLICABLE) INITIAL / DATE REVIEWED ER 9 Ft. 2.011 INITIAL / DATE APPROVED Feb ?�01$$'' SC ULE T COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING 3/ / ` G� O SENT TO VENDOR/CONTRACTOR DATE SENT: Ji5) / DATE RECD. /! a 11 ❑ 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 O LAW DEPARTMENT l 12 Prpr 261 r O SIGNATORY (MAYOR OR DIRECTOR) W717 � O CITY CLERK y-/ ' ❑ ASSIGNED AG# AG r -12-1 b ❑ SIGNED COPY RETURNED DATE SENT: 01-11 - /8 Ai- ;OMMENTS: 1001 R f r CITY OF .'�...r Federal Way CITY HALL 33325 Bth Avenue South Federal Way. WA 98003-6325 (253) 835-7000 Knew. atyoffedera/w iy com AMENDMENT NO. 1 TO BPA TRAIL BRIDGE LICENSE AND INDEMNIFICATION AGREEMENT This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Lakehaven Water and Sewer District, a Washington special purpose district ("Lakehaven"). The City and Lakehaven (together "Parties"), entered into a BPA Trail Foot Bridge License and Indemnification Agreement effective May 1, 1997. That 1997 Agreement was renewed for a 10 -year term by an Agreement effective February 26, 2008 on the same terms. Now the parties, for valuable consideration and by mutual consent agree to amend the Agreement for a BPA Trail bridge license ("Agreement") dated effective February 26, 2008, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 3 of the Agreement and any prior amendments thereto, shall be amended and shall continue until March 5, 2028 ("Amended Term"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 8 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - Rev. 3/2017 otary's ly's" 46‘1CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityofederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: DATE: //! 6 //fr LAKEHAVEN WATER AND SEWER DISTRICT: By: John Bo man, General Manager DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF f ) ATTEST: AI* / p anie Courtney, CMC ity Clerk APPROVED A • FORM: J. Ryan Call, City Attorney On this day personally appeared before me John Bowman, to me known to be the General Manager of Lakehaven Water and Sewer District that executed the foregoing instrument, and acknowledged the said instrument 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 was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. 2OLc( GIVEN my hand and official seal this (0 day of LISA N ALEXANbE NOTARY PUBL STATE OF WASHING My Commission Expires 03-20-2020 ignature printed n otary Public in and for the State of Washington. My commission expires -72 AMENDMENT - 2 - Rev. 3/2017 DATE IN: I DATE OUT: I TO: ~-:3 CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT.IDIV: ? ~ 2. ORIGINATING STAFF PERSON: S\~ \~-.:> EXT: b9\\ 3. DATEREQ.BY: 4. 5. 6. TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE/LABOR AGREEMENT o PUBLIC WORKS CONTRACT o SMALL PUBLIC WORKS CONTRACT (LESS THAN $200,000) o PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) o REAL ESTATE DOCUMENT o SECURITY DOCUMENT (E.G. AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) OJ ., /1: 7 " o CONTRACT AMENDMENT AG#:--1 I "'/2--l~ o CQ!!G ~THER - 'i'h~ (oY\~ soh l\ ~l~t ,c In LA~ f"\~ Y- ~~to~~~tu.r0. 'Po W~ r~ ~\':> -, (....~ tt be:___~o(.~~ Foot bvl~l\ 4-v\~~ . ~ \~E:;Y" '? PROJECTNAME:~A NAME OF CONTRACTOR: ADDRESS: SIGNATURE NAME: TELEPHONE TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE 8. TERM, COMMENCEMENT DATE, ~tC;!t$' ... COMYLETIONDATE',::;;/5jrJol,? 9. TOTAL COMPENSATION $ ~ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR C . RGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY 10. ~RACTREVIEW ~ YROJECTMANAGER .2'1'DIRECTOR o RISK MANAGEMENT ,-LAW 1'1.-\;>-'0+ CONTRACT SIGNATURE ROU1TING ktLAWDEPARTMENT :;'/2'1 0'"-6 o CITY MANAGER o CITY CLERK o SIGN COpy BACK TO ORGIN~AT~EPT o ASSIGNED AG# 97- / d- ~~ o PURCHASING: PLEASE' CHAR T: tJ M I COMMENTS :r ~Y\.~ S\o.("(.... ~'-.) tk rA.VV\~~V\-\c......\- .'5hPl...lrl rW I ~ :c.- n..J,. -k.pe) +k. ~"~. f 11. INITIALIDATE APPROVED 6:c.. ,(). 2..c... Of {}fJ iJ -1.-'( . 67 ~ "Itt , ,If"'! IZ/7 rz;.l."kJ.t.tl,f"-'t..l 'If!? f /e~s{" (4 cutr.('10"Il''1 I 'ft!'~/"ccJJ INIT'IALIDAT APP OVED INITIALIDATEAPPROVED V'f 0 INITIALIDATE APPROVED 10/09/02 BP A TRAIL BRIDGE LICENSE AND INDEMNIFICATION AGREEMENT This Indemnification Agreement ("Agreement") is dated effective this 26th day of February, 2008. The parties ("Parties") to this Agreement are the City Of Federal Way, a Washington municipal corporation ("City") and Lakehaven Utility District, a Washington special service district ("Lakehaven"). A. The City wishes to locate a wooden foot bridge ("Bridge") on Lakehaven property as shown on the record survey attached hereto as Exhibit "A" and incorporated herein by this reference, in Federal Way, Washington (the "Property"). Such Bridge is a portion of the City's Bonneville Power Administration Trail ("BPA Trail") and is open to the public for recreational purposes. B. Lakehaven acknowledges the need for such efforts and supports the City by allowing this Bridge to be constructed and maintained on the described Property. NOW, THEREFORE, the Parties agree as follows: 1. License. Lakehaven hereby grants to the City and its agents, designees and/or assigns the non-exclusive license and right, without prior notice to Lakehaven, to traverse the BP A Trail and to inspect, maintain or replace the Bridge. 2. Access. The City shall have the right of access to the Bridge over and across the Property to enable the city to exercise its rights hereunder. 3. Term. The term ofthis Agreement shall commence upon the execution of this Agreement by both of the Parties and shall continue for a period often (10) years ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the city and Lakehaven 4. Termination. Prior to the expiration ofthe Term, this Agreement may be terminated upon ninety (90) days prior written notice by either party to the other party. 5. Indemnification. In consideration of Lakehaven authorizing its use of the Property for the Bridge, the City agrees to indemnify and hold Lakehaven, 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 or the use of the property relating to the Bridge except to the extent of Lakehaven's own negligence. 6. Insurance. The City agrees to carry as a minimum property casualty insurance with combined single limits ofliability not less than $1,000,000.00 for bodily injury, including personal injury or death, and property damage liability for all damage arising out of injury to or destruction of property in such forms as are satisfactory to the District. The District shall be named as additional insured on all such insurance policies. 7. Condition of Properties. The city agrees to return the Property to Lakehaven upon the expiration of the Term in as good a condition as existed prior to the commencement of this Agreement. 8. General Provision. This Agreement contains all of the agreements of the parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affects or invalidate any other provision. In the event wither of the parties defaults on the performance of any terms of this Agreement or either Party places the enforcement ofthis 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. Failure of Lakehaven and/or the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. DATED the year and date set forth above. CITY OF FEDERAL WAY ~~M~? /P1 ~ Assistant City Manager/Chief Operating Officer Emergency Manager 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 ATTEST: APPROVED AS TO FORM: Cit LAKEHA VEN UTILITY DISTRICT By: Don Perry, General Manager 31627 1 st Avenue South P.O. Box 4249 (98063) Federal Way, W A 98003 (253) 941-1516 RECORD .. A PORTION OF THE SW 1/4 OF SEC I<ING COUN1 LEGAL DESCRIPTION LOT 12, WEST Co\MI'US BUSINESS ""C> ornCE Po\R~, "CCC~DING TO ~T THEREor RECORDED IN VOLUIAE 96 or PLATS. PAGE 50 THROUGH 53, RECORDS Or KING (.OUNN, WASHIN<lTON, ^LSO THE rOLLOWING DESCRIBED PORTION or THE WEST HALF or THE SOUTHWEST OUARTER OF SEeTIO,., 17, TOWNSHIP 21 N.. R.,tlCE 4 E, W,M.. DESCRIBED AS rOLLOWS: BEGINMNG AT THE NORTHEI,ST CORNER or SAID LOT 12; THENCE 101 .37'01'16" W .3,29 FEET: THENCE S"52'!;8'44" W200.0 rEET; THENCE S 37'01'16" E 43.29 rEET; TO THE NORTHWEST C)RllER or SAID LOT '2: THENCE 101 52'58'44" E "LONG THE NORTH liNE or SAID lOT 12 TO THE POINT or BEGINNING; TOGETHER 'rITH /I, PERPETUAL NON-EXCLUSIVE E"SEMENT FOR INGRESS. EGRESS AND UTILITIES SERVICES WllHIN THE EASTtRL Y 30 rEET or lOr 20, WEST CAMPUS OFFICE PARK DMSION I AS SkoWN ON THE PLAT THEREor RECORDED ,,., BOOK 9'1 or PLATS PAGES 55. 56. 57 AND 58. RECOROS or KING COUNTY. WASHINGTON, ~ ..,,,,'b. i:) ':t .~l;\~ 1'~~ ",f <:~~' , ~,(.{; {(,>~ _fl,." . O'~ .,'~ '( ~' ,1, cp ,\~" ~f.' .....'*" ",fj " t'>.O",,1-~ ,s.>. v , 'h <<,,<.yo.,' / rlY.t-" , ' ,3"" , /' .[ '\. , , ,/ 1IJ ,j ('''~ ~ ~.~ ~~:.~ "F ,). t ~.,.~:f<." "-~~,~ ~ , ~.t;.. ;;" , , ./ , ,/ ,/ . /'v''L ) , '.' ''\ 20 ,0f1>./ \~';/ _ ," , /' '\ ' " ').0,,'1''/. );- ,', '\ ,o~ '/ 0'5 , ' , , , '\ ('.lit' /1').00'/ , , '\ ^ -02'28'39' /" ' /' /' " R_ 10JO~0:\ / / " , ./ '\ l="-1.:.t4 I. rJ. ~rl'l.Ol.rn~lh (E.SU) -11'111,1 , \. \. 1/' t')tJ.. ~;' , , -' /' '\ 2') f)~' ''\ '/<" .,~ , _\f:)lo.. '\ Y - - ' ,,',/' '\'L<Y',?>>:1" .// "'- , '\ ~~~0 Y "'-..P)IJND COIlCRE1E " /' '\ '? ~ ~0 / t.lONUf.AE'~l WIlIt f'P,N,S " ./ '\ '<- .<.:~' , CAP, IN CASE /' '\ ....~v I~) / (SEPTEMBER 1996) \ ./ I ~ 0'" T.) ,,' :/ i>~,?-0(",,~ / X 22 ~'\5 \ /, '\. ' .-\ (, ~}) \/ "\ -t.~.;>>~ / .." '\. ,\0 / ~ ' '1'). '\ / /' '\ \SQ '\. / / ~ "'-/// , , , \( , \ sur ....""a....~...... .......".. . DC'" \J.,c-r I SURV[' rOLLOI 10" TC REOUIF PROCE REOl/lF . . . . - )F SURVEY ~TION 17, TWP. 21 Y, WASHINGTON N., RGE. 4 E., W.M. n .... /' /' /' /' ,,( /' , ,\ / rOUIlD CONCRETE , /0 MOIIUMENT WITH BRASS /' CPP. IN CASE " '- . fl (SEPTEMBER f 996) ~ ' ./ --<..' N'f?'?,,, : ./ /'./'~ 19~{\Y.)" . //. ~ ~~~~' \ ./ . - -1l <(}~({\I \./., , ~ ',~'(v'O'O \./'i. /';. '~~ \ r_ 0 <;7 /' ." \ .....''>-;,..,s? /' _j;) UQ~ ~-~T / /'~ ~ <.?~ .;)'\ . ./ . -('" <, ~ '-s- .::,1. _ 6.... , ,/ ,<" ~;;Y""', / ./:. ~"'I ...\~\ \ / ~.... , /',,'S ~ "/$'''' <""~<t"''\ .... .... -II ' ~'~~ ~ A ",~c.; ./ / <,..;"> ~' / /'" .jS c;..~~ / / ~/> ./ ~~ ~,\y.. ?O ~ .1.:0 ''i''~( ,-{'. ,<;'i" "..... .... -/7 /' / /' /' /' /' /' ;' 'B r"""'...-_ 100 50 0 100 .--, 200 SCALE: 1" - 100' .;.... ; ~69.00'05.. (rS~"~(PlAll SURVEYOR'S CERTIFICATE THIS ....AP CORRECTLY REPRESENTS A SURvEY MADE BY ....E OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REOllIREMENTS OF' THE SURVEY RECORDING ACT AT THE REOUEST OF THE LAKEHAVEN SEWER DISTRICT IN SEPTEMBE 1996, . E SET REBAR AND CAP "ESM IN(; 15661/292281" . = SEl HUB ANV TACK + = SET PK NAil EXHIBIT "An ElCI'IIIES 11/01/.7 I CYNTHIA A. FLOOD l.S. NO. 29281 LEGEND NOTES 1. LEGAL DESCRIPTION SUPPLIED 8Y LAKEHAVEN SEWER DISTRICT AND CHICACO TITLE PER AUDlTOR'S nLE NO. 7412180380, 2. BASIS or BEARINC IS THE PlA~ OF' "WEST CAMPUS BUSINESS AND OrnCE PAAK" RECORDED IN VOLUME 96, PAGE 50 THROUGH 53. RECORDS OF' KING COUNn', WASHINGTON. J, IT IS NOl THE IN1ENT or THIS RECORD or SURVEY TO SHOW ALL EASEMENTS, COVENANTS, CONDITIONS AND/OR RES1RICTlONS or RECORC'. I . RECORDING CERTIFICATE FILED rOR RECORD THIS _____ DAY or __________ 1996 AT ____.M. IN VOLUME _____ OF SURVEYS ON PAGE _______ AT THE REOUEST OF ESM. INC. MANAGER SUPT. OF RECORDS RECORDING NO, VEY INSTRUMENTATION ~ ESM inc. NG PERFORMED IN CONJUNCTION W'ITH THIS PLAT UTILIZED THE NG EQUIPMENT AND PROCEDURES: A CMl. ENClHEEAING, lAHO SUIMY, _ ~1 MANlC(ll[NT IXlNSUUN AI C;TATln", ).AAII\JT^I~r-n Tn UUJltr .a..rTIIJ::"n~'c: c::p~Pln""ATlnNC::: At: 34004 9th AVENUE SO.. BLDG. A DATE IN: I DATE DUT: ITO: CITY DF FEDERAL WAY LAW DEPARTMENT REI;!UEST FOR CONTRACT PREPARATION/DoCUMENT REVIEW/5IGNATURE¡; 1. ORIGINATINß DEPT./OIV.: "'P"f\ð 1 C-rJ 2. ORIGINATINß STA"" PERsON: !J2ÆAntt~(j¡4.~l~~ q{)t.¡¡ 3. DATE REQ. By: 4. TYPE 13.. DDCUMENT REQUESTED (CHECK ;JNE): Œ, lJ t..A.JL-Y RCUTIN~ SLIP 0 PRe'EBB,eNAL SERVICES ABREEMENT 0 SECUR'TV DeCUMENT 0 MAINTENANcE/LABeR A"REEMENT 'K..., A.D".'NT A P..HlMA'N SONg, A"'.N.'NT 0' FUNO' 'N "KU 0' .ONO> 0 PUSL'C WeRKS CeNTRACT D CeNTRACTeR SELECT,eN DeCUMENT D SMALL PUSL'C WeRKB CeNTRACT 'K..., .", 0", .'q, 'Ln. TH'N O",CCCI 0 CeNTRACT AMENDMENT Aß#' 0 PURCHABE ABREEMENT ~ EASEMENT } 'NAn"Ac" .uppc,n, EOU'PNKNT' ~THER 1-0 ð ~¡, n '4.. ~L-. n\ , . ~ ~ 0 REAL ESTATE PURCHA~jiP¡; ;;REEME~ OO-L- b n' d /' ß-. U'LLIl y<-.- ~ S. PROJECT NAME: i L 6--- 6. NAME OF' CONTRACTOR: Lcu::..Lht!Lt-£h LJ riLl kl -:01 'Çf-Il1d él"11n } 'Ii CCLhA ADDRESs: 3/Lßd,"Î I ~~.4ue S ---::J-û7 . PHONE: 941 - I...::,~J (p TYPE 0.. PERSDN DR ENTITY (CHECK DNE)' D INClv,euAL 0 PARTNERSN'. 0 SeLE PRePRIETeRSH'p STATE' 0 CeRPeRATOeN - TAX ID#/SS#, SIGNATURE NAME: TITLE: 7. SCOPE OF' WORK: ATTACH EXHlslT A' A COMPLETE AND DETAILED DESCRIPTIDN 13.. THE SERVICES DR SCOPE 0.. WORK, INCLUDINß CDMPLETIDN DATES "OR EACH PHASE 13.. WDRK AND LOCATIDN 13.. WORK. B. TERM: CDMMENCEMENT DATE: f - 1 - fí -- CDMPLETION DATE: 5 - I - a2. W7 9. TOTAL COMPENSATION: $ IINCLUDES EXPENSES AND SALES TAX, '" ANY) ". CAccu~n. ON HOUDC' ..00. RNAD.K . ATTADH 'oHE.uen OF KNPLOT'" TOTcn AN. HOUDC' "Tnl REIMsURsAsLE EXPENSES: DYES DNa ,.. VES, MAXIMUM DOLLAR AMOUNT' $ Is SALES TAX OWED? DYES D Ne ,.. YES, $ PAID BY' 0 CONTRACTOR DCITV 10, SELECTION PRDCESS USED (CHECK ONE)' 0 REQUEST reR Boos 0 REQUEST .eR PRepeSALS 0 REQUEST .eo QueTES 0 REQUEST reR QUAurocAT,eNS 0 ARCHITECT" ENB'NEER L'ST 0 SMALL WeRKS ReSTED 1 1. CONTRACT REVIEW INITIAL/DATE ApPRDVED 0 D'RECTeR 0 LAW IALL ceNTRACTB) 0 R'BK MANABEMENT >ACC CONT_CTO K"'PT A.KNO.KNTO, RO."'CTO' .KCKCTOON OCRUNKNT' ot- X-cJ 0 PURCHAS'NB 12. CONTRACT SIGNATURE ROUTING INITIAL/DATE ApPROVEe D LAW DEPARTMENT 0 C'TV MANABER ~LERK ~ :~"S~::E:e:: S;Cqï ~ï2~AT'NB DEPT, 6// L. / 9 7 ! ?J- 0 PU.CNAS'NB' PLEASE CHARBE Te: COMMENTS -- WHOTE - OD'",HAL OVAT' WOTH OONTDAOT CANA." OLER, TO "'Me P>NK' LAW am. GCCOKN.CO. OR'.'HA",H. nm CO...,....,.., A& C11-1~~ BPA TRAIL FOOT BRIDGE LICENSE AND INDEMNIFICATION AGREEMENT This Indemnification Agreement ('Agreement") is dated effective this 1st day of May, 1997. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City') and Lakehaven Utility District, a Washington special service district ("Lakehaven"). A. The City wishes to locate a wooden foot bridge ("Bridge') on Lakehaven property as shown on the record survey attached hereto as Exhibit" A' and incorporated herein by this reference, in Federal Way, Washington (the "Property"). Such Bridge is a portion of the City's Bonneville Power Administration Trail ("BPA Trail°) and is open to the public for recreational purposes. B. Lalœhaven acknowledges the need for such efforts and supports the City by allowing this Bridge to be constructed and maintained on the described Property. NOW, THEREFORE, the Parties agree as follows: 1. ~. Lakehaven hereby grants to the City and its agents, designees and/or assigns the non-exc1usive license and right, without prior notice to LaJœbaven, to traverse the BPA Trail and to inspect, maintain or replace the Bridge. 2. ~. The City shall have the right of access to the Bridge over and across the Property to enable the City to exercise its rights hereunder. 3. Icrm. The term of this Agreement shall commence upon the execution of this Agreement by both of the Parties and shall continue for a period often (10) years ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and Lakehaven. 4. Termination. Prior to the expiration of the Term, this Agreement may be terminated upon ninety (90) days prior written notice by either party to the other party . ORIGINAL 5. TnœmnifiNltim. In consideration ofLalœhaven authorizing its use of the Property for the Bridge, the City agrees to indemnify and hold Lakehaven, its elected officials, officers, employees, agents, and volootærs harmIesa 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 representativés, arising from, resulting from, or connected with this Agreement or the use of the Property relating to the Bridge except to the extent of Lakehaven' s negligence. 6. I1wmuJg:. The City agn:es to carry as a minimum property casualty insurance with combined single limits of liability not less than $1,000,000.00 for bodily injury, including personal injury or death, and property damage liability for all damage arising out of injury to or destruction of property in such forms as are satisfactory to the District. The District shall be named as additional insured on all such insurance policies. 7. C'nnditinn of PrQperties. The City agn:es to mum the Property to Lakehaven upon the expiration of the Term in as good a condition as existed prior to the commencement of this Agreement. 8. General Provision. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or mocIitkd except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party 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. Failure of Lalœhaven and/or the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall -2- not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. DATED the day and year set forth above. ~ OF Ã1¡t rA'oN""""""- 33530 1st Way South Federal Way, WA 98003 ~.", A'ITEST:. ~m~r ~ / '-¿:t 4--- ------£ ity Clerk, N. Christine Green, CMC APPROVED AS TO FORM: ~~ ~ 7a.-.- - Þ . ty ey, Landi K. Lindell LAIŒHA VEN UTILITY DISTRICf By' ~(Åt ~ Ý /!- 77é ov (Name) Its: {;;&</e".....{l 1"110-- j-eJlf"'~ (fitle) ~ 31627 - 1st Avenue South P.O. Box 4249 (98063) Federal Way, WA 98003 (206) 941-1516 t:--..rp."" 4I3ON/ (97-142) ... -3- ~ ~ tJ~lLlTY DlsrRÍÓ LAKEHA VEN UTILITY DISTRICT 31627 - 1st Avenue South 0 P.O. Box 4249 0 Federal Way, Washington 98063 Seattle: 941-15160 Tacoma: 927-29220 Fax: 839-9310 June 5, 1997 Sue Floyd, Administrative Assistant Parks, Recreation and Cultural Services City of Federal Way 33530 First Way South Federal Way, WA 98003 RE: BPA Trail Foot Bridge License and Indemnification Agreement Dear Sue: Enclosed please fmd the original "BPA Trail Foot Bridge License and Indemnification Agreement" that has been signed by the District's General Manager Designate, Gary Atkin. Once the remaining signatures have been obtained, please forward a copy of the agreement to me for our files. Please call me at 946-5440, if you have any questions. Thank you! Sincerely ~ C: Gary Atkin, General Manager Designate Don Young, Water Operations Director Stan French, Water Quality Engineer Steve Pritchett, General Counsel Linda Kochmar, Risk Manager Dale A. Cap Commissioner Mark Miloscia Commissioner Dick Mayer Commissioner Donald L.P. Miller Commissioner Beverly J. Tweddle Commissioner A PORTION OF THE RECORD ~ 1/4 I<ING sw OF SI::( cou ~~1 LEGAL DESCRIFiTION ~é .,\" , ~;' ,,<';I ( (r \(v~ ii, " ,~ ~' ~(o .~ \, \}/ <}) (,\"'1/ I'r' ~~/ {:i" I .~ ~ / ',5 <ÇJJ ,(Í' '/ <". . / " Yo ./ II ~~'\ / WOOD / ~Yo"" ./ ./ ASPHALT PATH I 5./ ./ / ,.,~ß" -; '/ , 1- l' 'h. .;;," , tJ % 1< 4 cf>~ 1, ::"'?:-PfJ' c, '): / ú~"'q,,/'),"';.6'o þ ~ \~ ~ ~.~ ~. '" "'r "'P. 1 2 0 <"~' <".p'(~""fJLì, ~t, ",,~,/ ~1;,X '// (40000S,F,)?'. ">"",'-1"\1" /' '/ '/ 1- ' ~,~, q '/ /' tJ"'q, ~ ~/, '<' . I '/ 1, ./'), ". ~ '/ .... "U. !Ì" \ '\,¡c,~ ./ / / "'6'0 <;,1,<; ~ ::y~ ~ A , /..\ 'i.,p ".' /' /' ~ / ", /' ~~~:)~" ) '/'// 20 \/ c¡1Cj'ò/,,\..cf/' ~,/ '//' \ \°-, '¡;/' 0"5/ /'/ f'.z~. /' ,!-oo,/ ./ /' \ ^~O2'28',39" '/'.' 1 // /' .... R"'OJO~O:\ / / " ,/ '" 1.='4.,4 \ f~' ~~< ,èf,1'Oln6' (ESLq'II'I',1 / / '\ 21 ':9~' ' \ ./A'" ./ ~ '/ /' \~<'Ò \ v - ~ // \ ~5',(\<J /'~ '/ '/ /' \ ~+O\)<j Y / "- rrJl)ND COIKREIE '/ /' '( r-:<ff /' MONUM[J~l WIIH RRA'5S '/ '\ ~.I.<., / CAP, IN CASE '/ , /' ,.,~\(¡~) / (SEPTEMBER 1996) \, '//'" O<,.,<:? /' \, / ¡-J<:? <jV \: 22 {? «I('\" /' '/ (¡~c;)\\ , / ~'\ \,j\ JI,I /\ \SIt' '\ ,y OV ~ 'I /./ 'ý)- \ /' / \~Q '\ /' / ~~ \" /' '/ "" ~ /// ./ "'< LOT 12, WEST CAMPUS BUSINESS AND ornCE PARK, ACCC'WING TO PLAT THERE or RECORDED IN VOLUIAE 96 OF PLATS, PAGE 50 THROUGH 53, RECORDS OF KING COUNTY, WilSHING10N, ALSO THE fOLLOWING DESCRIBED PORTION OF THE WEST HALF or THE SOUTHWEST OUAR1ER OF SECTION 17, TOWNSHIP 21 N" R,,¡ CE 4 E. W,M" DESCRIBED liS FOLLOWS: BEGINHING AT THE NORTHE/ST CORNER OF SAID LOT 12: THENCE N .3701'16" W 43.29 FEET: THENCE S'52'58'4 4" W 200.0 FEET; THENCE S 3701'16" E 43.29 FEET: TO THE NORTHWEST C)RI~ER OF SAID LOT 12: THENCE N 52'58'44" E ALONG THE NI1RTH LINE OF SAID LOT 12 TO THE POINT OF BEGINNING; TOGETHER 't'.ITH A PERPETUAL NON-DCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES SERVICES WITHI:~ lHE EASTERLY 3D FEET OF LOr 20, WEST CAMPUS OFFICE PARK DIVISION I AS S/.iOWN ON THE PLAT THEREOF RECORDED IN BOOK 91 OF PLATS PAGES 5';, 56, 57 AND 58, RECORI1S OF KING COUNTY, WASHINGTON, , " '\ 'ID ,\ \ \ \ SUf SURVE FaLLO\ 10" TC REOUIF DRAWING NAME: RS-WELL PROCE REOUIF . . . - . '"'" ::Ç)'\ / ,,\f:i c'ð 13 . (;((-- t;)')(;(\ () / /,/'< / ì" d,Ò '\ / ' ~1~~ '\ / /' //{-< '<J '\ / \ '« 0 '\~ '\ C) ~C;¡ \ -.((\)<':;, ,¡;// ./ / ~c,.j.ì :"¡-I' \ '~ /' /' ~ v~ç) , / /. "\~'!> /\ - Kl/ \ /" ,Q' <;?,\'>" / ./"\ì '~~ '\ ~,~ ,\' '\ / /' ' I?' \,ß"\~" C, \ ~ '..o~\,,'\ /' /' ~ ' v!<..~ " \..(0 / /"oi"'~ ~Ó .//' ",5 ~~v , '" ~ / -:,~Ò -;-; ~~y.. ~O )F SURVEY :TION 17, TWP. Y, WASHINGTON 21 N., \C)~ '\' ,~,-'?-,( \ ~~' ~\/ / / /' /' /' /' /( \ \ ' \, \ \ -17 /' /' /' /' /' /' /' '. ;>59'00'05" (E'S~"~(PlA1i LEGEND . = SEl REBAR AND CAP "E'SIJ INC 15551/292281" . = SET HUB AND TACK .,- = SET PK NAIL NOTES ,. LEGAL DESCRIPTION SUPPLIED 8'1' LAKEHAVEN SE'WER DISTRICT AND CHICAGO TITLE PER AUDITOR'S FILE NO. 7412180380. 2. BASIS or BEARIIJG IS THE PLA~ OF "WEST CAMPUS BUSIIJESS AND OFFICE PM~K" RECORDED IN VOLUME 95, PAGE 50 THROUGH 53, RECORDS OF KING COUNTY, WASHINGTON. 3. IT IS NOT THE INTENT OF THIS RECORD OF SURVEY 10 SHOW ALL EASEMENTS, COVW"'NTS, CONDITIONS AND/OR RESTRICTIONS OF RECORC'. ! . VEY INSTRUMENTATION RGE. NG PERFORMED IN CONJUNCTION W'ITH THIS PLAT UTILIZED THE NG EQUIPMENT AND PROCEDURES: AL STATION MAINTAINED TO MANUFACTURER'S SPECIFICATIONS AS 4 E. , W.M. n / FOIJIID CQIJCRETE /0 MOIJUMEIH WITH BRASS /' CAP, IN CASE. E (SEPTEMBER 1995) / /../ /' /"\ ~ ~t. \~" ~O ~ 1- P""""....-.....- " 100 SO 0 --, 200 100 SCALE: 1'" . 100' SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME 01, UNDER MY DIRECTION IN CONFORMANCE WITH THE REQlIIREMEI'HS OF THE SURVEY RECORDING ACT AT THE Rf:QUEST OF THE LAKEHAVEN SEWER DISTRICT IN SEPTEMBE 1996. CYNTHIA A. FLOOD L.S. NO. 29281 EXHIBIT "A" I EXPlRtS 11/01/87 I RECORDING CERTIFICATE FILED FOR RECORD THIS ----- DAY OF ------------ 1996 AT ____.M. IN VOLUME ----- OF SURVEYS ON PAGE ------- AT THE REQUEST OF ESM, INC. MANAGER SUPT. OF RECORDS RECORDING NO. ~ ESM inc. A CMl ENGINEERING, lAND SURVEY, AND PROJ!;CT MANAGEIoIENT CONSUlm 34004 9th AVENUE SO" BLDG" A Purchasing (253) 661-4077 Payabies (253) 661-4064 Fax (253) 661-4075 r-""Iœ- 020927 33530 First Way South. Federal Way, WA 98003 DATE: VENDOR #°1 / 01 / 97 REQUISITION#: 002010 DEPARTMENT: 0 F.O.B. DESTINATION LJ CONFIRMING: DO NOT DUPLICATE 11 ~ RCM INC 1917 FIRST AVENUE SEATTLE, WA 98101-1027 ~ CITY OF FEDERAL WAY 33530 FIRST WAY SOUTH FEDERAL WAY, WA 98003 ALL INVOICES TO: CITY OF FEDERAL WAY. AnN: ACCOUNTS PAYABLE. 33530 FIRST WAY SOUTH, FEDERAL WAY, WA 98003 SPECIAL INSTRUCTIONS: CONTRACT PURCHASE ORDER "IMPORTANT: Vendor must ShDW PJil.ua¡"¡:6rdl/~e...o~!IIlí>ackages, Bills Df Lading, Invoices, and CDrrespondence, --- SHIP VIA: ITEM QUANTITY UNIT DESCRiPTION UNIT PRICE AMOUNT 1 1 AGR PW-STORMWATER MAINT MANUAL AS PER CONTRACT #AG96-124,A,B TERM: 3-25-96 THRU 6-30-97 APPROVER: JEFF PRATT :(PROFESSIONAL SVCS AGREEMENT) IPW-EXPENSE:STORMWATER MANUAL AS PER CONTRACT #AG96-124,A,B 29,702.00 29,702,00 1 AGR 798.00 798.00 -~ --------- ACCOUNT NUMBER AMOUNT 00.00 304-3100-111-596-42-411 30,500.00 APPROVAL CODE A OTHER APPROVAL AS NEEDED P P REQUISITIQNS APPROVED BY: R 0 V A L S 6'