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HomeMy WebLinkAboutLAG84-001 - Original - Union Pacific Railroad Company - Lease Agreement - 08/01/1984 UNION PACIFIC RAILROAD COMPr,AY CONTRACTS&REAL ESTATE DEPARTMENT B.W.ZANDBERGEN 1416 DODGE STREET GENERAL DIRECTOR OMAHA,NEBRASKA 68179 R.F.NIEHAUS DIRECTOR W.F.SOMERVELL DIRECTOR August 30 , 1989 472-35 U. S . CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms . Helen Wickstrom City of Kent 220 - 4th Avenue South Kent , Washington 98032-5895 Dear Ms . Wickstrom: As a result of your phone conversation of August 28th with Mr. A. 0 . Meyer, the subject letter of August 7 has been turned over to me for my review and further handling in connection with Lease identified as PLD-202 , covering Railroad Company property at Kent , Washington , for recreational purposes . Please be advised that this letter is designed to supplement that letter dated August 7 , 1989 , which indicated in part that the rental would be revised to $700 . 00 per annum effec- tive August 1 , 1989 . Upon my review, I am advising all interested departments that the rental , in accordance with Section 2 of the basic lease, will be $100 . 00 per annum effective as of August 1 , 1989 . I would appreciate your advising whether this is acceptable to the City and returning with your reply the Hazardous Waste Regulations and Underground Storage Tanks Questionnaire which was forwarded to you on August 7 , 1989 . Should you have any questions concerning this , please feel free to contact me at 402/271-3939 . Very truly yours , R. �ARIC Manager - Real Estate Sales UNION PACIFIC RAILROAD COMPAN i CONTRACTS&REAL ESTATE DEPARTMENT 1416 DODGE STREET B.W.ZANDBERGEN OMAHA,NEBRASKA 6B179 GENERAL DIRECTOR R.F.NIEHAUS DIRECTOR W F.SOMERVELL DIRECTOR August 7 , 1989 J 472-35 U. S. CERTIFIED MAIL --A_ RETURN RECEIPT REQUESTED CITY OF KEN T City of Kent AUC 1 5 1989 220 4th Ave. , South Kent, WA 98032-5895 ENGINEERING DEPT. Gentlemen: Reference is made to that certain Lease dated December 5 , 1984 between Union Pacific Railroad Company and City of Kent, covering a portion of the Railroad Company' s property at Kent, WA, for recreational purposes. Said Lease is identified in the Railroad Company' s records as PLD-202 . Section 2 of this Lease provides for a periodic reevaluation of rental. In accordance with this provision, we recently reviewed the present day land values in Kent and, in particular, in the general vicinity of the Lease site. The results of this study indicate that the present rental no longer represents a fair annual market rental . Taking all matters into consideration and applying present day real estate values of the area, I am of the opinion that a rental of $700 . 00 would reflect a fair market rental at this time. In accordance with the provision of Section 2 , of the Lease, this letter is to advise you that effective as of August 1, 1989 the rental will be $700 . 00 per annum. Also attached for your review and appropriate handling is certain information and data relative to Hazardous Waste Regulations and Underground Storage Tanks . Please complete and return the Question- naire attached hereto. If you have any questions, please contact me at (402) 271-5590 . Very tru . yours, Bill Loffer Manager Contracts & Real. Estate SYSTEM,UNION ACIFIC March 28 , 1985 472-35 City of Kent APR 4 '98 5 220 4th Avenue , South Kent, Washington 98032-5895 Gentlemen: Herewith fully executed copy of New Lease Agreement signed in connection with the Railroad Company' s right of way at Kent , Washington, identified as Audit No. PLD-202 . Very truly yours , Attach. P L D-202 a' '.ICATE ORIGINAL.-L.ESSWS COPY 472-35 L E A S E This Agreement made and entered into as of the 5th day of December, 1984, by and between OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY, a corporation of the State of Oregon, and its Lessee, UNION PACIFIC RAILROAD COMPANY, a corporation of the State of Utah, (hereinafter called "Lessor"), parties of the first part, and CITY OF KENT, a municipal corporation of the State of Washington (hereinafter called "Lessee"), party of the second part, WITNESSETH: Lease / Term Location / Use Section 1 . The Lessor, for and in consideration of the covenants and payments hereinafter mentioned to be performed and made by the Lessee, hereby agrees to lease and let and does here- by lease and let unto the Lessee for a term of one year beginning on the 1st day of August, 1984, the portion of the premises of the Lessor (hereinafter the "Premises") at Kent, King County, Washington, shown on the plat, or described in the description, or both, hereto attached and hereby made a part hereof, such Premises to be used only as a site for recreational purposes. Renewal Thereafter, so long as neither party is in default, this Lease will renew itself without further documentation from year to year until terminated as provided in Section 16 herein. Each renewal term will be upon the same terms and conditions set forth herein, including, without limitation, the Lessor's right to reevaluate the rental as hereinafter provided. Improvements It is agreed that no improvements placed upon the Premises by the Lessee shall become a part of the realty. Water Rights The Lessee acknowledges that this Lease does not grant, convey or transfer any right to the use of water under any water right owned or claimed by the Lessor which may be appurtenant to or otherwise associated with the Premises, and that all right, title, and interest in and to such water is expressly reserved unto the Lessor, its successors and assigns, and that the right to use same or any part thereof may be obtained only by the prior written con- sent of the Lessor. This Lease is made without covenant of title or to give posses- sion or for quiet enjoyment. Rental Section 2. The Lessee shall pay to the Lessor for the use of the Premises, rental at the rate of TWO HUNDRED FIFTY DOLLARS ($250.00) for the term hereof, payable in advance during the term of this Lease, or any renewal thereof, subject to reevaluation, as hereinafter provided. PROVIDED that the rental rate herein shall be for a five year term, the provisions of Section 1 notwithstanding. .. -i i 1 Rental Reevaluation The Lessor may annually reevaluate the rental base upon which the above rental is computed. In the event the Lessor shall deter- mine that the rental paid is no longer representative of a fair mar- ket value rental, the Lessor may adjust the rental and shall advise the Lessee by written notice of such change. Such written notice shall be served at least thirty (30) days prior to the effective date of the new rental, it being understood however that rental adjust- ments shall not be made more often than once every twelve months. Utilities The Lessee shall arrange, secure, and be responsible for all water, gas, heat, electricity, power, sewer, telephone, and any and all other utilities and services supplied and/or furnished to the Premises in connection with the use of the Premises by the Lessee as hereinafter provided, together with any and all taxes and/or assessments applicable thereto. In the event such utilities and services are not separately me- tered to Lessee, Lessee shall pay a reasonable proportion of the cost of such utilities and services, to be determined by the Lessor, of all charges jointly metered with other portions of the Lessor's property. It is understood and agreed that none of the above utilities or services may be installed upon the Premises without first securing the written consent and approval for such installation and the loca- tion thereof by the Lessor's Chief Engineer. Taxes The Lessee further agrees to pay, before the same shall become delinquent, all taxes levied during the life of this Lease upon the Premises and upon any buildings and improvements there- on, or to reimburse the Lessor for sums paid by the Lessor for such taxes, except taxes levied upon the Premises as a component part of the railroad property of the Lessor in the state as a whole. Assessments If, during the life of this Lease, any street or other improvement, whether consisting of new construction, maintenance, repairs, renewals, or reconstruction, shall be made, the whole or any portion of the cost of which is assessed against or is fairly assignable to the Premises, the Lessee agrees to pay in addition to the other payments herein provided for: (a) Ten and one-half percent (101%) per annum on the amount so assessed against or assignable to the Premises when expenditures by the Lessor for such improvements are properly chargeable to capital account under accounting rules of the Interstate Commerce Commission current at the time; and (b) the entire amount so assessed against or assignable to the Premises when expenditures for such improvements are not properly chargeable to capital account under said accounting rules. 2 Use,of Premises Abandonment Section 3. The Lessee covenants that the Premises shall not be used for any other purpose than for such use specified in Section 1 hereof and agrees that if the Lessee abandons the Premises, the'! Lessor may enter upon and take possession of the same, and that a non-user for the purpose mentioned continuing for thirty days shall be sufficient and conclusive evidence of such abandonment. Lessee Not To Sublet or Assign Section 4. The Lessee agrees not to let or sublet the Premises, in whole or in part, or to assign this Lease without the consent in writing of the Lessor, and it is agreed that any transfer or assign- ment of this Lease, whether voluntary, by operation of law or oth- erwise, without such consent in writing, shall be absolutely void and, at the option of the Lessor, shall terminate this Lease. Use for Unlawful Purposes Prohibited- Indemnity Section 5. It is especially covenanted and agreed that the use of the Premises or any part thereof for any unlawful or immoral purposes whatsoever is expressly prohibited; that the Lessee shall indemnify, hold harmless and defend the Lessor and the Premises from any and all liens, fines, damages, penalties, forfeitures or judgments in any manner accruing by reason of the use or occupa- tion of the Premises by the Lessee; and that the Lessee shall at all times protect the Lessor and the Premises from all injury, damage, or loss by reason of the occupation of the Premises by the Lessee or from any cause whatsoever growing out of the Lessee's use thereof. Care of Premises and Improvements Section 6. The Lessee hereby covenants and agrees that any and all buildings erected upon the Premises shall be painted by the Lessee a color satisfactory to the Lessor, and shall at all times be kept in good repair; that the roof of each building shall be of fire-resistive material; that the Premises shall during the continu- ance of this Lease be kept by the Lessee in a neat and tidy condi- tion and free from all material which would tend to increase the risk of fire or give the Premises an untidy appearance; that none of the buildings or other structures erected on the Premises shall be used for displaying any signs or advertisements other than signs as may be connected with the business. of the Lessee, and that such signs shall be neat, properly maintained and subject to approval of the Lessor. In the event any building or other improvement not be- longing to the Lessor on the Premises is damaged or destroyed by fire, storm, or other casualty, the Lessee shall, within thirty days after such happening, remove all debris and rubbish resulting therefrom; and if the Lessee fails to do so, the Lessor may enter the Premises and remove such debris and rubbish, and the Lessee agrees to reimburse the Lessor, within thirty days after bill ren- dered, for the expense so incurred. Liens-Indemnity Section 7. The Lessee shall, when due and before any lien shall attach to the Premises, if the same may lawfully be asserted, pay all charges for water, gas, light, and power furnished; rental or use of sewer facilities serving the Premises; pay for all material joined or affixed to the Premises; pay for all taxes and 3 assessments; and shall pay in full all persons who perform labor upon the Premises, and shall not permit or suffer any mechanic's or materialman's or other lien of any kind or nature to be enforced against the Premises for any work done or materials furnisherI thereon at the instance or request or on behalf of the Lessee; and the Lessee agrees to indemnify, hold harmless, and defend, the Lessor and its property against and from any and all liens, claims, demands, costs, and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials or other things furnished. Superior Rights Section 8. This lease is made subject to all outstanding superior rights, including, but not limited to, rights of way for highways, pipelines, and for power and communications lines, and the right of the Lessor to renew such outstanding rights and to extend the term thereof. Clearances Section 9. Detailed plans for all buildings, platforms, loading or unloading devices, structure and all alterations, improvements and/or additions thereto and/or upon the Premises which the Lessee shall desire to make, shall be presented to Lessor for consent in written form prior to installation upon the Premises. If the Lessor shall give its consent, the consent shall be deemed conditioned upon Lessee acquiring a permit to do such work from appropriate govern- mental agencies, the furnishing of a copy thereof to Lessor prior to the commencement of the work and the compliance by Lessee of all conditions of said permit in a prompt and expeditious manner. All buildings, platforms, loading or unloading devices, struc- tures, and/or material or obstruction of any kind erected, main- tained , placed, piled, stacked, or maintained upon the Premises after the commencement of this Lease and any alterations, improve- ments, and/or additions thereto or to buildings, platforms, loading or unloading devices structures located on the Premises prior to the commencement of this Lease shall be constructed, operated, main- tained, repaired, renewed, modified and/or reconstructed by the Lessee in strict conformity with Union Pacific Railroad Company's Standard Minimum Clearances for All New Structures and Facilities Along Industry Tracks, as in effect at the time of the placement, construction, operation, maintenance, repair, renewal , modification or reconstruction. Buildings, platforms, loading or unloading devices, structures and/or material or obstruction of any kind located upon the Premis- es which are in place at the time the Lessee takes possession of the Premises or which were constructed, placed, piled, stored, stacked, or maintained upon the Premises with the express consent of the Lessor under the terms of a previous lease between Lessor and Les- see, but which are not in conformity with Union Pacific Railroad Company's Standard Minimum Clearances, shall be considered per- mitted for the purposes of this Section. 4 Compliance @with such standards shall not relieve Lessee from the Obligation to fully comply with the requirements of any federal , state, or municipal law or regulation; it being understood and agreed that Union Pacific Railroad Company's Standard Minimums Clearances are in addition to and supplemental of, any and all re- quirements imposed by applicable law or regulation and shall be complied with unless to do so would cause Lessee to violate an ap- plicable law or regulation. Lessor shall consider requests of the Lessee to impair clear- ances which are necessitated by the operational requirements of the Lessee, but Lessor shall not be obligated to consent to any impair- ment. Any necessary permission to impair clearances to which the Lessor has consented must be secured by the Lessee at its own expense, in advance of any impairment; and Lessee shall comply promptly and strictly with all requirements or orders issued by appropriate state or other public authority relating to such impairments. Lessee assumes the risk of and shall indemnify, hold harmless, and defend the Lessor, its officers, agents, and employees, against and from all injury or death to persons or loss or damage to prop-- erty of the parties hereto and their employees and agents and to the person or property of any other person or corporation resulting from the Lessee's noncompliance with the provision of this Section 9, or resulting directly or indirectly from any impairment of the clearances described in this Section 9, whether the Lessor had no- tice thereof or consented thereto, or whether authorized by applica- ble state or other public authority pursuant hereto, or existing without compliance with the provisions of this Section 9. Any knowledge on the part of the Lessor of a violation of the clearance requirements of this Lease, whether such knowledge is actual or implied, shall not constitute a waiver and shall not relieve the Lessee of its obligation to indemnify and defend the Lessor, its officers, agents, and employees, for losses and claims resulting from such violation. However, the terms of this Section shall not apply to losses resulting from impairments or facilities created or constructed by the Lessor that will not benefit the Lessee. Explosives and Inflammables Section 10. It is further agreed that no gunpowder, gasoline, dynamite, or other explosives or flammable or hazardous materials shall be stored or kept upon the Premises. Nothing herein con- tained, however, shall prevent the storage of those hazardous com- modities, if any, specified in Section 1 , or oil or gasoline where same are to be used, as indicated by Section 1 hereof, contemplates such storage; nor the storage of oil or gasoline where same are used by the Lessee for fuel in the business carried on by the Les- see on the Premises, and are stored in quantities reasonable for such purposes; PROVIDED, however, that in all of such excepted cases, the Lessee shall store such commodities no closer than fifty (50) feet from the center line of any main track and strictly comply with all statutory and municipal regulations relating to the storage of such commodities. 5 No Construction by Lessee Over or Under ll not locate or permit the location Tracks Section 11 . The Lessee sha or erection of any poles upon the Premises, nor any beams, pipes , wires, structures or other obstruction over or under any tracks of the Lessor without the written consent of the Lessor. Liability of Lessee for Breach Section 12. The Lessee shall be liable for and shall defend against any and all injury or death of persons or loss of or damage to property, of whatsoever nature or kind, arising out of or con- tributed to by any breach in whole or in part of any covenant of this Lease. Fire Damage Release Section 13. It is understood by the parties hereto that the Premises are in dangerous proximity to the tracks of the Lessor, and that by reason thereof there will be constant danger of injury and damage by fire, and the Lessee accepts this Lease subject to such danger. It is therefore agreed, as one of the material considerations for this Lease and without which the same would not be granted by the Lessor, that the Lessee assume all risk of loss or destruction of or damage to buildings or contents on the Premises, and of or to other property brought thereon by the Lessee or by any other per- son with the knowledge or consent of the Lessee, and of or to property in proximity to the Premises when connected with or inci- dental to the occupation thereof, and any incidental loss or injury to the business of the Lessee, where such loss, damage, destruc- tion, injury, or death of persons is occasioned by fire caused by, or resulting from, the operation of the railroad of the Lessor, whether such fire be the result of defective engines, or of negli- gence on the part of the Lessor or of negligence or misconduct on the part of any officer, servant or employee of the Lessor, or oth- erwise, and the Lessee hereby agrees to indemnify and hold harm- less and defend the Lessor, its officers, servants, and/or employees, against and from all liability, causes of action, claims, or demands which any person may hereafter asset, have, claim, or claim to have, arising out of or by reason of any such foss, dam- age, destruction, injury, or death of persons including any claim, cause of action or demand which any insurer of such buildings or other property may at any time assert, or undertake to assert, against the Lessor, its officers, servants and/or employees. Water Damage Release Section 14. The Lessee hereby releases the Lessor, its officers, servants, and/or employees, from all liability for damage by water to the Premises or to property thereon belonging to or in the custody or control of the Lessee, including buildings and con- tents, regardless of whether such damage be caused or contributed by the position, location, construction or condition of the railroad, roadbed, tracks, bridges, dikes, ditches or other structures of the Lessor. 6 `y ermination on Default Section 15. It is further agreed that the breach of any covenant, stipulation or condition herein contained to be kept and performed by the Lessee, shall, at the option of the Lessor, forth- with work a termination of this Lease, and all rights of the Lessee hereunder; that no notice of such termination or declaration of for- feiture shall be required, and the Lessor may at once re-enter upon the Premises and repossess itself thereof and remove all persons therefrom or may resort to an action of forcible;unlawful entry and detainer, or any other action to recover the same. A waiver by the Lessor of the breach by the Lessee of any covenant or condi- tion of this Lease shall not impair the right of the Lessor to avail itself of any subsequent breach thereof. Termination by Section 16. This Lease may be terminated by written notice Notice given by either the Lessor or the Lessee to the other party on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date on which such notice shall be given. Said notice may be given to the Lessee by serving the Lessee per- sonally or by posting a copy thereof on the outside of any door in any building upon the Premises or by mailing the same, postage prepaid, to the Lessee at the last address known to the Lessor. Said notice may be given to the Lessor by mailing the same, postage prepaid to the office of the Director of Real Estate, Room 306, 1416 Dodge Street, Omaha, Nebraska, 68179. Upon such termina- tion and vacation of the Premises by the Lessee, the Lessor shall Vacation of Premises refund to the Lessee on a prorate basis, any unearned rental paid in advance. 'Removal of Lessee's Property Section 17. The Lessee covenants and agrees to vacate and surrender the quiet and peaceable possession of the Premises upon the termination of this Lease howsoever. No later than the expira- tion or termination date of this Lease, the Lessee shall (a) remove from the Premises, at the expense of the Lessee, all structures and other property not belonging to the Lessor; and (b) restore the surface of the ground to as good condition as the same was in be- fore such structures were erected, including, without limiting the generality of the foregoing, the removal of foundations of such structures, the filling in of all excavations and pits and the removal of all debris and rubbish, all at the Lessee's expense, failing in which the Lessor may perform the work and the Lessee shall reim- burse the Lessor for the cost thereof within thirty (30) days after bill rendered. In the case of the Lessee's failure to remove such structures and other property, the same, at the option of the Lessor, shall upon the expiration of thirty (30) days after the termination of this Lease, become and thereafter remain the property of the Les- sor; and if within one (1 ) year after the expiration of such thirty-day period the Lessor elects to and does remove, or cause to 7 be removed, said structures and other property from the Premises and the market value thereof or of the material therefrom on remov- al does not equal the cost of such removal plus the cost of restor- ing the surface of the ground as aforesaid, then the Lessee shall reimburse the Lessor for the deficit within thirty (30) days after bill rendered. Successors And Assigns Section 18. Subject to the provisions of Section 4 hereof, this Lease shall be binding upon and inure to the benefit of the parties hereto and their heirs, executors, administrators, successors and assigns. Special Provisions Section 19. It is understood that (taxes) and (assessments) clauses in Section 2 of said agreement is deleted and hereby expunged. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first herein written. OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY Witness: UNION PACIFIC RAILROAD COMPANY By Director-Real Estate wit n� CITY OF',WENT ' Mayor CITY OF ��� ,v. Union Pacific Railroad Property Lease. As attached. STATE OF WASHINGTON ) SS COUNTY OF KING ) I, Marie Jensen, the undersigned, as City Clerk in and for the City of Kent, Washington, do hereby certify that the above and/or attached is a true and correct copy of an excerpt from the minutes of the regular meeting of the City Council held on the 4th day of February , 19 85 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City this llth day of February 19 85 ,. . r Marie Jen.60n, CMC City Clerk February 4 , 1985 STREETS this project fund. WOODS MOVED that the low bid of $208 , 041 . 98 from University Utility Contractors be accepted for the Intersection Improvement Pro- ject and that $37 , 000 be transferred to this project fund from the Arterial Street Fund. Johnson seconded. Motion carried. HEALTH (CONSENT CALENDAR ITEM 5J) Dialysis Services . EXPRESSION of support by the Council for the creation of a dialysis facility in South King County in accordance with a present- ation at the January 28 workshop. CABLE TV (CONSENT CALENDAR ITEM 5D) Cable Television Administrative Services Contract Renewal . AUTHORIZATION for the Mayor to sign a professional services contract with 3-H Cable Communications Consultants . The Agreement pro- vides CATV technical and administrative services and is a renewal of our existing contract. Terms of the Agreement provide for service fees not to exceed $4 , 556 during the term of the contract, January 1 , 1985 through December 31 , 1985. PARKS & (CONSENT CALENDAR ITEM 5F) RECREATION Golf Course Pro Shop Addition Project. AUTHORI- ZATION for the Finance D_e��artment to transfer $2, 743 . 35 from the 1985 Golf Course operating fund_to co_v_er_ over_runs and ACCEPTANCE of project as complete and AUTHORIZATION to release retain- age to Morrison Construction upon receipt of releases from the State. (The underlined added b Bailey and accepted as part of the Consent Item. (CONSENT CALENDAR ITEM 5G) Union Pacific Railroad Property Lease . AUTHORI- ZATION for the Mayor to sign a lease for property across the street from Uplands Playfield (Milwaukee Playfield) as presented at the January 24th Parks Committee meeting . The amount of the lease is $250 for a five-year term . EQUIPMENT (CONSENT CALENDAR ITEM 5q) RENTAL Fuel Card System. ACCEPTANCE of the contract with Northwest Pump and Equipment as complete for installation of the Card Controlled Fuel System for the City Shops, and release of retainage after receipt of necessary releases from the State. - 5 - RESOLUTION WHEREAS , the OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY and its Lessee , the UNION PACIFIC RAILROAD COMPANY has tendered to the CITY OF KENT , WASHINGTON , a lease covering a parcel of ground on the Railroad Company ' s right of way , at Kent , Washington , for a site for recreational purposes ; and WHEREAS , the Council of City of Kent has said proposed agreement before it and has given it careful review and consider- ation; and WHEREAS , it is considered that the best interests of said City of Kent , Washington will be subserved by the acceptance of said agreement ; THEREFORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENT, WASHINGTON : That the terms of the agreement submitted by Union Pacific Railroad Company as aforesaid be , and the same are hereby , accepted in behalf of said City; That the Mayor of said City is hereby authorized, empowered and directed to execute said agreement on behalf of said City and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this Resolution . STATE OF WASHINGTON ) )ss COUNTY OF KING ) I City Clerk of the City of Kent , Washington, hereby certify t at the above and foregoing is a true , full and correct copy of a resolution adopted by the Council of the City of Kent , Washington , at a meeting held accord- ing to law at Kent , Washington, on the day of 19 as the same appears on file and of record this office . IN TESTIMONY WHEREOF , I have hereunto set my hand and affixed the corporate seal of said City this day of 19 _. 7 , City Clerk of the City o Kent , State of Washington 0 N Z CL co -' 1 _ 5 9,.3.40-Sco 57 -- - _.. _— ter- . ,z .. •--.. .- - - _ r _ . i - � -ter^;�• _ r ,�,� _. -� � sZ i NO.24 - i -- Sf - � - • NOTE:- r-. 1 , h ' 1 t --- --- I ------ , ,u f I� I 1 I O O O a M xzx - rD w rr. F--i H ,. . , r o U) w �xjO (D r n (D x H z a• cn c� I ) ' j � l w N• w o rn oo (n ri H O H �C pl� (D (D rt C7 H C .H�C-I i 1 W rt r (D co O H O VJ II t) _ J G � �1 O �• O t) - (n (D 00 G� r W o t-' H - DID (D In O i 1> V] STATE OF NEBRASKA ) ss . COUNTY OF DOUGLAS ) On this r s day of � _____ , 19 before me personally appeared — ________ , to me known to be the Director of Real Estate of UNION PACIFIC RAILROAD COMPANY , and its subsidiaries , the corporations that executed the within and foregoing instrument , and acknowledged the said instrument to be the free and voluntary act and deed of said corporations for the uses and purposes therein mentioned and on oath stated he was authorized to execute said instrument . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal the day and year first above written . Notary �'ublic in and Tor the StaTe of Nebraska My commission expires : ho,��� w�"" UNION PACIFIC RAILROAD COMPANY CONTRACTS&REAL ESTATE DEPARTMENT A. THONY R. D. UHRICH J. DIRECTOR-CONTRACTS I & ASSISTANT VICE PRESIDENT JOINT FACILITIES D.D.BROWN DIRECTOR-REAL ESTATE ROOM 1100,1416 DODGE STREET OMAHA,NEBRASKA 68179-1100 J.L.HAWKINS DIRECTOR-OPERATIONS SUPPORT (402)271-3753 FAX(402)271-5493 D.H.LIGHTWINE DIRECTOR-REAL ESTATE W.R.ULRICH DIRECTOR-BUILDING SERVICES Folder: 472-35 MRS HELEN WICKSTROM PARKS PLANNING AND DEVELOPMENT 220 4TH AVE SO KENT WA 98023 Dear Ms. Wickstrom: RE: Lease Audit No. PLD- 22, Covering Use of Railroad Property at Kent, Washington. Attached is your fully-executed original copy of the Supplemental Agreement for the Lease covering the above-referenced property. The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior to using the Railroad Company's property, you should thoroughly review the terms and conditions of your Lease. If necessary, you should contact the Railroad Company at 1-800-336-9193 to determine whether a fiber optic cable is buried on the leased property. Please keep me informed as to the dedication. I would like to attend and if my schedule allows will do so. If you have any questions or if I can be of further assistance please feel free to call me at (402) 271-3939. Sincerely yours, Sr. Manager - Real Estate Audit No: PLD-202 Folder No: 472-35 THIS SUPPLEMENTAL AGREEMENT is entered into on January 17 , 1996 , between UNION PACIFIC RAILROAD COMPANY ("Lessor") and CITY OF KENT, whose address is, 220 4th Ave. So, Kent WA 98023 ("Lessee") . RECITALS: By instrument dated December 5, 1984, Lessor and Lessee, or their predecessors in interest, entered into an agreement ("Basic Agreement") , identified as Audit No. PLD202 , at Kent, Washington. AGREEMENT: IT IS AGREED between Lessor and Lessee to modify the Basic Agreement as follows: Article I. EFFECTIVE DATE This Supplemental Agreement is effective January 1, 1996. Article II . AMENDMENT OF SECTION 1 OF BASIC AGREEMENT Effective January 1, 1996, Section 1 of the Basic Agreement, is amended to read in part as follows: " . . . such Premises to be used only as a site for recreational purposes including the construction and maintenance of a skate board park. " Article III. AGREEMENT SUPPLEMENTAL Nothing in this Supplemental Agreement shall be construed as amending or modifying the Basic Agreement unless specifically pro- vided herein. IN WITNESS WHEREOF, Lessor and Lessee have executed this Supplemental Agreement as of the day and year first herein written. UNION PACIFIC RAILROAD CITY OF KENT CObMANY By: /2- By,: + S anage .4 Real Estate tie: fit