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Home My WebLink AboutAG 20-966 - Federal Way Campus RETURN TO: PW ADMIN EXT: 2700 ID#: 3834 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS/Capital Engineering Division 2. ORIGINATING STAFF PERSON: Naveen Chandra EXT:.2729__------- _ 3. DATE REQ.B) 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 0 OTHER Right-of-Entry 4. PROJECT NAME: City Center Access Project 5. NAME OF CONTRACTOR: Federal Way Campus ADDRESS: TELEPHONE: E-MAIL: FAX: SIGNATURE NAME:TB TITLE:TBD 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: Upon Execution COMPLETION DATE: 8/31/2021 8. TOTAL COMPENSATION:$0.0 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: O YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: 13 YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT)OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED S PROJECT MANAGER NC111-20-20 S DIVISION MANAGER SLH 11/24/2020 A DEPUTY DIRECTOR DSW 11/12/2020 8 DIRECTOR EJW 11/24/2020 ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW DEPT ER 11/20/2020 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ 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 DEEDED.) INITIAL/DATE SIGNED \\ ❑ FINANCE DEPARTMENT ❑ LAW DEPT ❑ SIGNATORY(MAYOR OR DIRECTOR) „ 1 ,�1 ❑ CITY CLERK L ❑ ASSIGNED AG# AG# [] ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: EXECUTE" "ORIGINALS 112020 TEMPORARY RIGHT OF ENTRY AGREEMENT This Temporary Right of Entry Agreement ("Agreement") is entered into between Federal Way Campus, LLC, a Delaware limited liability company ("FWC"), and the City of Federal Way ("City"), effective as the Effective Date. The "Effective Date" means the date that both parties have signed this Agreement. Recitals A. FWC owns Lot 1 and Lot 2 of City of Federal Way Boundary Line Adjustment No. 18-100123-SU, recorded at King County Recording Number 20181004900005, known as King County Assessor Numbers 797820-0520 and 162104-9036, respectively (collectively, "Lake Parcel"). B. FWC owns Lot 2 of City of Federal Way Boundary Line Adjustment No. 17-100455-SU, recorded at King County Recording Number 20171108900002, known as King County Assessor Number 162104-9056 ("Pipeline Parcel"). The Olympic Pipeline crosses a portion of the Pipeline Parcel. C. The City desires temporary access to portions of the FWC Property to perform testing and investigations in connection with a planned road extension, and FWC has agreed to grant to the City such access, in accordance with the terms set forth herein. Agreements In consideration of the mutual covenants and obligations set forth herein, the parties agree as follows: 1. Grant of Access (a) FWC hereby grants to the City a nonexclusive right of access and nonexclusive right to use the portion of the Lake Parcel depicted in the map entitled "Additional Survey Request for Lake Access" attached hereto as Exhibit A ("Lake Right of Entry Area"), for the purpose of conducting surveys, soils testing, wetland and buffer delineation, surface and ground water monitoring and historic and cultural review. (b) FWC hereby grants to the City a nonexclusive right of access and nonexclusive right to use a portion of the northwest corner of the Pipeline Parcel adjacent to the Olympic Pipeline ("Pipeline Right of Entry Area") for the purpose of potholing to determine the depth of and verifying the location of the Olympic Pipeline. The Pipeline Right of Entry Area is located generally in the area depicted as "Pothole Request# 3" in the map entitled "BP Pothole Request" attached hereto as Exhibit B. Temporary Right of Entry Agreement 1 rev 11/11/20 The Lake Right of Entry Area and the Pipeline Right of Entry Area are sometimes collectively referred to herein as the "Right of Entry Area." 2. Restrictions. City, its employees, consultants, contractors, and engineers (the "Users") shall not enter any portions of the FWC Property outside the boundaries of the Right of Entry Area. The Users shall enter and exit the Pipeline Right of Entry Area from the north and within the approximate vicinity of the existing BP pipeline easement as shown in Exhibit `B", and the Users shall enter and exit the Lake Right of Entry Area only via Weyerhaeuser Way. The Right of Entry Area may be entered and used only by the Users for the purposes described above. The City shall give FWC at least 48 hours'prior email and telephonic notice before entering the Right of Entry Area. Such notice shall be given to FWC c/o Dana Ostenson , email address dostensornc-)industrialrealtygroup.cam , telephone number _310.722.8972 FWC shall have the right to have representatives of FWC present at the activities conducted by the City in the Right of Entry Area. The City shall remove all of its vehicles, equipment and supplies from the Right of Entry Area when the City is not using the Right of Entry Area, except for necessary flagging associated with critical areas delineation and any necessary monitoring equipment. 3. Term. The term of this Agreement shall expire on August 31,2021 ("Termination Date"). 4. Restoration. Upon completion of its use of the Right of Entry Area, the City shall, to the extent reasonably practicable, restore the Right of Entry Area to the condition in which it existed prior to the City's use of the Right of Entry Area. The City shall complete the restoration work promptly upon completion of its use of the Right of Entry Area. 5. Reports. The City shall provide to FWC, at no cost to FWC, copies of all written studies, test results, reports and other documents prepared by or for City with respect to the environmental, physical, or other condition of the Right of Entry Area. 6. Hazardous Substances (a) The City shall not store, generate, dispose of, or otherwise allow or cause the release or migration of any Hazardous Substances in, on, to, from or under the Right of Entry Area. The City represents and warrants to FWC that the City's intended exercise of the rights hereunder does not and will not involve the use, production, disposal or bringing onto the Right of Entry Area of any Hazardous Substances. As used herein, the term "Hazardous Substance" includes any substance, waste or material defined or designated as hazardous,toxic, or dangerous (or any similar term) by any federal, state, or local statute, regulation, rule, or ordinance now or hereafter in effect, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq, or the Washington Model Toxics Control Act, RCW 70.105D.010 et seq. (b) The City shall promptly comply with all statutes, regulations and ordinances, and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, control, removal or cleanup of Temporary Right of Entry Agreement 2 rev 11/11/20 Hazardous Substances in, on or under the Right of Entry Area or any adjacent property to the extent the City is responsible for the use, collection, treatment, disposal, storage, control, removal or clean-up of such Hazardous Substances, at the City's expense. (c) After notice to the City and a reasonable opportunity for the City to effect compliance with this Section 6, FWC may, but shall not be obligated to take such actions and incur such costs and expenses to effect such compliance as it deems advisable to protect its interest in the FWC Property; provided, however, that FWC shall not be obligated to give the City notice and an opportunity to effect such compliance if(i) such delay might result in material adverse damage to FWC or the FWC's Property or FWC's tenants, (ii) the City has already had actual knowledge of the situation and a reasonable opportunity to effect such compliance, or(iii) an emergency exists. (d) Whether or not the City has actual knowledge of the release or migration of Hazardous Substances in, to or from the Right of Entry Area or any adjacent property as the result of the City's use of the Right of Entry Area, the City shall reimburse FWC for all costs and expenses incurred by FWC in connection with any compliance activities; provided, however, the City's reimbursement obligations hereunder shall be limited to costs and expenses that are directly attributable to the City's activities in, on, under, above, or adjacent to the Right of Entry Area. Any such reimbursement shall be limited to FWC's actual and documented out of pocket costs in connection with such compliance activities. (e) The City shall notify FWC immediately of any release or migration of any Hazardous Substance in, on, to, under or from the Right of Entry Area. The City shall indemnify, defend and hold harmless FWC against any and all losses, liabilities, suits, obligations, fine, damages, judgments, penalties, claims, charges, cleanup costs, remedial actions, costs and expenses (including, without limitation, consultant fees, attorneys' fees and disbursements) which may be imposed on, incurred or paid by, or asserted against FWC or the FWC Property by reason of, or in connection with (i) any misrepresentation, breach of warranty or other default by the City under this Agreement, (ii) the acts or omissions by the City under this Agreement, or (iii) the acts or omissions of the City, its employees, consultants, contractors and engineers, resulting in the release or migration of any Hazardous Substance. This indemnity and the City's other duties under this Section 6 shall survive the termination of this Agreement. 7. Indemnification. The City agrees to indemnify, defend, and hold FWC and its employees and tenants harmless from any and all claims, demands, losses, actions, and liabilities (including costs and 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 to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees, or agents. 8. Compliance with Laws. The City shall at all times exercise its rights herein in accordance with the requirements (as from time to time amended) of any public authority having jurisdiction and all applicable statutes,orders, rules, and regulations. Temporary Right of Entry Agreement 3 rev l 1/11/20 9. FWC's Use cfl'Right of Fim-v iVea. During the term of this Agreement, FWC may use the Right of Entry Area for any purposes not inconsistent with the rights herein granted. 10. Remedies for Breacl7. If any violation of the Agreement occurs, then either party may institute and prosecute any proceeding at law or in equity to abate, prevent or enjoin any such violation or to compel specific performance of the obligations hereunder. Should any legal action or proceeding be commenced by either party in order to enforce or interpret this Agreement or any provision hereof, or in connection with any dispute, breach or default related hereto, each party shall be responsible for its own legal fees and costs. 11. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Washington. 12. Entire Agreement. This Agreement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding on either party except to the extent incorporated in this Agreement. 13. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 14. Recording. This Agreement shall not be recorded. 15. Time. Time is of the essence of this Agreement. [INTENTIONAL PAGE BREAK] Temporary Right of Entry Agreement 4 rev 11/11/20 16. Counterparts, Electronic Signature. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same Agreement. Delivery of an electronic signature of a signed version of this Agreement via email or facsimile shall have the same effect as delivery of an original. EXECUTED as of the Effective Date. FWC: CITY: FEDERAL WAY CAMPUS, LLC, a CITY OF FEDERAL WAY Delaware limited liability company By: Ida ka, Os-rewsou, By: Print name: Dana Ostenson Print nadie: Title: Authorized Signatory Title: 70`o\i- %- o Vt, �7•«�t� Date signed: 12/16/2020 Date signed: 1�1z`1'�a Temporary Right of Entry Agreement 5 rev 11/11/20 Y �y f► �'"� III � . I w .s�e 'lf I , d cB c CD- aD w cn E >N 0 N x i C Q7 LU < + � 0 ,p w � 0 yea J 4,+ N N " M �P 0 i N Z ' a a c W _ y O coo c U. H 44 C� O m d m !0 VV WJ f) .. �0 t` City Center Access Project . 't +. City of Federal Way �,� EXHIBIT B !. j BP Pothole Request Scale: 1' =200' 'R .; rr� f ;: Yinterstate 5 0 �, Approximate NORTH � ,tS � �'J � location of y f'•� proposed ramp I VA + improvements c s+^ 04h StMAL z` a , A roximate location of r proposed future I-5 widening improvements i Jf it \ t A Approximate location r of 14"Olympic Pipeline (red line) r 8'r +� Welland h ,r Buffer Bog - ;.� Pothole Request#2 P x t a A cess Poi 'r + Potholes#2 and#3 Approximate location of 14" Olympic Pipeline -►Y — - per ESM Survey (green line) S 324th St Y Approximate location A r of proposed 324th St � improvements r y " Approximate location " of Olympic Pipeline Easement per ESM Survey(peach lines) y, I ° °�'� Ali i