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HomeMy WebLinkAboutCAG1986-002 - Original - Valley Communications Center - Short Plat Lease - 02/13/1986 FEET 1 i vLu I LEASE AGREEMENT CITY OF KENT CITY CLERK 1 . PARTIES. THIS LEASE AGREEMENT entered into by and between the CITY OF KENT, a municipal corporation (hereafter "City"), and VALLEY COMMUNICATIONS, an agency created pursuant to Chapter 39.34 RCW (hereafter "Valley Com"). WITNESS: 2. PREMISES. The City, as the legal owner of the real property described as follows: Lot 1 , City of Kent Valley Com Short Plat (Kent SP No. 84-10), Recording No. 8412200589, Records of King County, Washington. does hereby lease to Valley Com and Valley Com does hereby lease from the City certain facilities for the purposes and subject to the limitations discussed hereinafter. 3. PURPOSES AND RECITALS. 3.1 The City maintains a water storage tank on the described premises. In addition to the water tank, the City maintains a building for storage of certain equipment related to the City water utility ("Storage Building"). 3.2 Valley Com is purchaser of Lots 2 and 3 of City of Kent Valley Com Short Plat (Kent SP No. 84-10), Recording No. 8412200589, Records of King County, Washington. 3.3 The City and Valley Com have cooperated for the mutual use and development of the subject properties. The City is preparing to construct a new Storage Building on its premises. Valley Com seeks to use a part of the Building, and to extend necessary utility lines from the Storage Building to the Valley Com Dispatch Center. 4. TERM. The term of this AGREEMENT shall be for twenty (20) years, commencing with the date of execution of this AGREEMENT; renewable for an additional ten (10) years with rental rates subject to negotiation. - 1 - 5. RENT. In consideration for this AGREEMENT Valley Com shall abide by the terms and conditions of this lease AGREEMENT and shall pay fifty (50) percent of the cost to construct the City Storage Building, referenced herein; such price to not exceed $15,000. This rent shall be payable, all cash, in advance within 20 days of the date of execution of this AGREEMENT to the City Treasurer, Kent City Hall , Kent, Washington. Rent upon renewal shall be subject to negotiation as provided herein. 6. INSURANCE. Valley Comm and the City shall each maintain separate policies of public liability and property coverage insurance. 7. UTILITIES. 7.1 The City, at the City's sole expense, shall provide, or shall otherwise pay for, when due, all costs for installing all electrical utility (up to 200 AMP) service to the Storage Building. Once installation has been completed and inspection approval received, Valley Com shall assume responsibility for payment of monthly electrical service bills for the electrical utility (up to 200 AMP). The City shall not be liable for any injury, loss or damage caused by or resulting from any interruption or failure of utility services due to any causes whatsoever except the City's sole negligence. 7.2 Valley Com, at Valley Com's sole expense, shall provide, or shall otherwise pay for, all security for the Storage Building. Such security shall include but not be limited to video monitoring and interior and exterior alarm monitors. Provided, however, that the cost to construct as set forth in Section 9, below, includes costs for installation of intrusion and fire alarm systems and Valley Com shall not be responsible for additional costs for construction of such intrusion and fire alarm systems. 8. CABLE LOCATION: Initial cable line location between the premises and Valley Com Dispatch Center shall be directed by Valley Com, and shall be installed, at Valley Com's expense, provided that the City shall provide for original trenching as part of its construction obligation set forth in Section 9, below. Valley Com shall maintain the cable at its sole expense, unless the cable installation is disrupted as a result of the City's sole responsibility. In the event of the City's responsibility for cable disruption, the City shall be responsible for - 2 - replacement of the cable. This AGREEMENT shall constitute the grant of authority to Valley Com to lay and maintain the cable between the Dispatch Center and the Storage Building. 9. CONSTRUCTION: The City shall be responsible for the design, engineering, plans and specifications and construction of the Storage Building. Valley Com may review the specifications and request modifications to accommodate Valley Com's needs. Valley Com's request shall not be unreasonably withheld by the City. 10. LIABILITY. 10.1 Indemnification: Valley Com shall indemnify and hold the City harmless from any and all claims, actions, and/or judgments whatsoever arising out of the use or occupation of said premises arising by reason of Valley Com's sole negligence. Valley Com shall indemnify and hold the City harmless from any and all claims, actions, and/or judgments whatsoever arising out of the use or occupation of said premises arising by reason of the City's sole negligence. Should neither party be determined to be solely negligent, then each party shall be responsible for its proportional share of liability as so determined. 10.2 Assumption of Risk: The placement and storage of property in the Storage Building or on said premises shall be the responsibility, and at the sole risk, of the party placing or storing such property. 11 . USE AND CARE OF PREMISES. 11 .1 General Condition: The premises shall at all times be kept in a neat, clean, safe and sanitary condition, and kept and used in accordance with the laws of the State of Washington and ordinances of The City of Kent, and in accordance with all authorized rules and regulations of the King County Health Officer, Kent Fire Marshal , Kent Building Inspector, and other proper officers of the City of Kent. The parties shall not permit any waste, damage, or injury to the premises; permit any objectionable noise or odor to escape or to be emitted from said premises; or permit anything to be done upon said premises that in any way will tend to create a nuisance. 11 .2 Maintenance-Repairs: All normal repairs to roof, walls and foundations and existing utility connections to and from the premises necessary to maintain - 3 - premises in a proper condition shall be done by or under the direction of the City, and at the City's expense, except those caused by the negligence or acts of Valley Com, or Valley Com's officers, employees, agents or invitees, which repairs shall be made at the sole expense of Valley Com. 11 .3 Alterations: All alternations, additions, and improvements which shall be made, shall be at the sole cost and expense of the party making such alterations or changes. The City reserves the unqualified right to make alterations to the premises 1 ) where conditions deemed by the Kent Building Official to constitute an emergency exist, or 2) in order to correct Code deficiencies. The parties reserve the right to make general alterations to the premises provided said general alterations do not unreasonably interfere with the ordinary operation by the other party. 11 .4 Access: The parties reserves for themselves access to the premises 24 hours a day, seven days a week. 11 .5 Keys: The City shall provide for initial locks and keys. Changes in locks and keys, and the cost for the change of locks and keys, shall be borne by the party requesting such change or responsible for the need for such a change. 11 .6 Cameras: Valley Com is hereby granted the right to install and maintain video monitor cameras on the City Water Tank on the premises. 12. DAMAGE OR DESTRUCTION. In the event the premises are damaged by fire, earthquake, act of war, or other extraordinary casualty to such an extent as to render the same unusable in whole or in substantial part thereof, or are destroyed, it shall be optional with the City to repair or rebuild the same. Within forty-eight (48) hours after the happening of any such event, Valley Com shall give the City or City's agent notice thereof. The City shall have not more than sixty (60) days after the date of such notification to notify Valley Com in writing of the City's intentions to repair or rebuild said premises, or any part so damaged. If the City elects to repair or rebuild said premises, the City shall prosecute the work of such repairing or rebuilding without unreasonable delay in accordance with the then existing City procedures. In the event the building in which the leased premises are located shall be substantially - 4 - destroyed or damaged even though the leased premises shall not be damaged thereby, if in the opinion of the City it shall not be practical to repair or rebuild, then it shall be optional with the City to terminate this lease by pro- viding written notice to Valley Com within sixty (60) days after such damage or destruction has been determined to be irreparable. If the City shall fail to give the notice aforesaid, Valley Com shall have the right to declare this lease terminated by written notice provided to the City. In such event, the City shall rebate, pro rata, to Valley Com the rent paid pursuant to Section 5. Notwith- standing any other provision herein, no party to this lease shall be liable in damages to any other party for termination of this lease because of the damage or destruction of the premises or the building in which the premises form a part, as described in this section. 13. NON DISCRIMINATION. Valley Com shall comply with all federal , state and local laws and ordinances prohibiting discrimination in employment with regard to age, sex, race, color, creed, national origin, or physical or mental handicap, unless based upon a bona fide occupational qualification. 14. NOTICES. All notices to be given by either of the parties hereto to the other party, shall be in writing and may either be delivered personally or may be deposited in the United States Mail , postage prepaid, as either certified or regular mail , addressed as specified in Part A hereof, or to such other respective addresses as either party may from time to time designate in writing. Notices sent by mail shall be deemed to have been given when properly mailed; the postmark affixed by the United States Post Office shall be conclusive evidence of the date of mailing. 15. AMENDMENTS. The parties hereto expressly reserve the right to renegotiate the provisions hereof, including the term of this lease, from time to time as may be necessary and to amend this lease accordingly; Provided, however, that no alteration or modification of the terms or conditions hereof shall be valid and binding unless made in writing and signed by the authorized representatives of the parties hereto. 16. NO WAIVER OF DEFAULT. The City does not waive full compliance with the terms and conditions of this lease by acceptance of rent. No waiver of default - 5 - by either party of any of the terms, covenants and conditions hereof to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed, kept and observed by the other party. 17. SURRENDER OF PREMISES. At the expiration or termination of this Lease, including any extensions thereof, whichever is earlier, the Lessee shall quit and surrender said premises and all keys thereto, without notice and in as good condition as received at commencement of the term, ordinary wear and tear, damage or destruction by fire or other casualty or circumstances uncontrollable by the Lessee excepted; Provided, that if alterations, additions or improvements have been made to the premises as provided in this lease, the Lessee shall not be required to restore the premises to the condition in which they were prior to such alterations, additions or improvements having been made. 18. ADJUDICATION. 18.1 Arbitration: This lease shall be construed under all the applicable taws, statues, ordinances, rules and regulations of the United States, State of Washington, County of King and the City of Kent in cause of a dispute between the parties the dispute shall be subject to arbitration each party shall select a representative, the representatives shall select a third party arbitrator. If the representatives are unable to select an arbitrator, the arbitrator shall be selected pursuant to American Arbitration Association rules. The arbitration shall be conducted pursuant to American Arbitration Association commercial arbitration rules and shall be binding on the parties, except for review as authorized by Chapter 7.04 RCW. 18.2 Fee Arbitration: In the event of election by Valley Com to renew pursuant to Section 4 of this AGREEMENT, and the parties not being able to reach agreement on the renewal period, then arbitration pursuant to this section shall be utilized to resolve the dispute. 19. BINDING EFFECT. This lease shall be binding upon the heirs, successors, assigns and all other parties legally empowered with signatory rights of any or all of the parties hereto. - 6 - 20. INVALIDITY OF PROVISIONS. Should any term, provision, condition or other portion of this lease be held to be inoperative, invalid or void, the same shall not affect any other term, provision, condition or other portion of this lease; and the remainder of this lease shall be effective as if such term, provision, condition or portion had not been contained herein. IN WITNESS WHEREOF, the parties hereto have affixed their signatures below: THE CITY OF T, LESSOR VALLEY COM, LESSEE DWrKe e er, Mayor a u en, or Administrative Board Chairman Title ATTEST BY: By:� �f � "+_. .---- J�� p arsons Marie Jei."T , cityClerk Director of Communications Title The City's address for all Lessee's address for all communications shall be: communications shall be: Kent Department of Public Works Valley Communications Center 220 4th Avenue South 23807 98th Avenue South Kent, Washington 98032-5895 Kent, Washington 1272L-13L - 7 -