AG 97-124 - LAKEHAVEN UTILITY DISTRICT11
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 $200,000)
o PURCHASE AGREEMENT)
(MATERIALS, SUPPLIES, EQUIPMENT)
o REAL ESTATE DOCUMENT
o SECURITY DOCUMENT (E.G. AGREEMENT &
PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND)
o CONTRACTOR SELECTION DOCUMENT
(E.G., RFB, RFP, RFQ) OJ ., /1: 7 "
o CONTRACT AMENDMENT AG#:--1 I "'/2--l~
o CQ!!G
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PROJECTNAME:~A
NAME OF CONTRACTOR:
ADDRESS:
SIGNATURE NAME:
TELEPHONE
TITLE
7. ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT
o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE
8. TERM, COMMENCEMENT DATE, ~tC;!t$' ... 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
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INITIALIDATE APPROVED
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INIT'IALIDAT APP OVED INITIALIDATEAPPROVED
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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, ~
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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
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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
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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'
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12. CONTRACT SIGNATURE ROUTING
INITIAL/DATE ApPROVEe
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0 C'TV MANABER
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COMMENTS
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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-
~
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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
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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,
,
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:TION 17, TWP.
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21
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LEGEND
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"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)
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100 SO 0
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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
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