HomeMy WebLinkAbout19-110 - Westfield Property Management / Southcenter Mall - 2019-2021 Parking Agreement19-110
Council Approval N/A
FINAL
PARKING AGREEMENT
BETWEEN THE CITY OF TUKWILA AND WESTFIELD
This Parking Agreement ("Agreement") is entered into between the City ofTukwila,
a municipal corporation in the State of Washington ("City"), and Westfield Property
Management, LLC, a Delaware limited liability company("Westfield").
WHEREAS, the City has plans to construct a new Fire Station 52 on city -owned
property currently located in the back parking lot of City Hall, as part of its Public Safety
Plan Project ("Project"); and
WHEREAS, during construction of the new Fire Station 52, the City anticipates a
temporary parking shortage at City Hall, and needs approximately 75 parking spaces for
City -employee parking during construction of the new Fire Station 52; and
WHEREAS, Westfield is the owner of the real property commonly known as
Westfield Southcenter Mall ("Mall") and located at 2800 Southcenter Mall, Seattle,
Washington ("Property"), in close proximity to City Hall; and
WHEREAS, Westfield has agreed to make certain designated parking stalls
available at the Mall to the City for use by City employees, during certain times and days,
during construction of the new Fire Station 52;
NOW THEREFORE, in consideration of the mutual benefits and conditions set forth
below, the City and Westfield (collectively "the Parties") agree as follows:
1. Parking — Parties' Obligations.
1.1 Westfield shall allow City's employees, at no charge to City or its
employees, to use Mall parking stalls at the Mall in the areas shown on the
As -Is Site Plan attached hereto as Exhibit A, and by this reference
incorporated herein, from July 15, 2019, to February 28, 2021.
1.2 City shall only allow employees to park at the Mall in the areas identified
in Para. 1.1 above, Monday through Friday, from 7:00 a.m. until 6:00 p.m.,
excluding holidays.
2. Term. The term of this Agreement commences on July 15, 2019, and terminates
on February 28, 2021. Either Party may terminate this Agreement upon thirty
(30) days written notice to the other Party.
3. Amendments. This Agreement may not be amended unless evidenced in writing
and signed by both Parties.
4. Indemnification. City shall defend, indemnify, and hold harmless Westfield, its
officers, agents, and employees, from and against any and all claims, suits,
actions, or liabilities for injury or death of any person, or for loss or damage to
property that arise out of the City's use of the parking stalls as set forth in Section
FINAL
I of this Agreement, except any injury or damage occasioned by the sole
negligence of the Westfield. In the event that Westfield shall elect to defend
itself against any claim or suit arising from such injury, death, or damage, the
City shall, in addition to indemnifying and holding Westfield harmless from any
liability, indemnify Westfield for any and all expenses incurred by Westfield in
defending such claim or suit, including reasonable attorneys' fees.
5. Insurance. City shall maintain self-insurance coverage through participation
in the Washington Cities Insurance Authority self-insurance risk pool during
the term of this Agreement.
6. Notices. Any written notice required or permitted to be given herein shall be
made by registered or certified U.S. mail, return receipt requested, or by delivery
in person to the Party which is the intended recipient of the notice, at the
following addresses or to such other respective addresses as either Party hereto
may from time to time designate in writing:
Notices to the City of Tukwila shall he sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188-2544
Notices to Westfield shall be sent to the following address:
Westfield Southcenter
ATTN: Jason Dyer
2800 Southcenter Mall
Seattle, WA 98188
7. Assignment. Neither Party to this Agreement shall transfer or assign any right
or obligation hereunder without the prior written consent of the other Party.
8. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed
by and construed in accordance with the laws of the State of Washington. In
the event any suit, arbitration or other proceeding is instituted to enforce any
term of this Agreement, the Parties specifically understand and agree that
venue shall be properly laid in King County, Washington. The prevailing
party in any such action shall be entitled to its attorney's fees, expert witness
fees, and other costs of suit.
2
FINAL
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the day and year first above written.
CITY OF TUKWILA
Deputy City Administrator
Date:
APPROVED AS TO FORM
Office of the City Attorney
Allan Ekberg, Ma
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