Loading...
HomeMy WebLinkAboutLAG02-001 - Original - Kent Historical Society - Bereiter House Museum Lease Agreement - 01/15/2002 HISTORICAL AND MUSEUM LEASE AND SERVICES AGREEMENT THIS AGREEMENT FOR HISTORICAL AND MUSEUM SERVICES (the "agreement") is entered into on this day of 200_, by and between the CITY OF KENT ("the City"), a Washington municipal corporation, and the GREATER KENT HISTORICAL SOCIETY ("Society") RECITALS WHEREAS, Section 27 48 010 of the Revised Code of Washington ("RCW") permits municipalities to support museums and heritage organizations as follows- The storage, preservation and exhibit of historical materials, including, but not limited to,books, maps writing, newspapers, ancient articles, and tools of handicraft, antiques, artifacts, and relics is declared to be a public project carried on for public purpose and the legislative body of any county, city or town, may provide quarters therefore within the territorial limits thereof and may provide funds necessary for the proper operation of any such institution already in operation, or otherwise provide for the preservation of historical material covered by this chapter and WHEREAS, community museums and historical organizations, including the Greater Kent Historical Society,play an essential role m building community identity and pride, protecting the community's wealth of material culture and tradition, and assisting in the transmission of cultural resources to future generations, and WHEREAS, the City recognizes the Society as the primary repository for the material culture of the City as well as the custodian and interpreter of its historical record, and WHEREAS, it is in the best interest of the citizens of the City that the City and the Society enter into a long-term agreement to perform the above-described services and to develop a professionally directed museum, HISTORICAL AND MUSEUM SERVICES AGREEMENT- 1 (January 15, 2002) NOW THEREFORE, in consideration of the mutual covenants, conditions, and performances described below, the parties agree as follows AGREEMENT 1 BUILDING/PROPERTY OWNERSHIP AND LEASE The City is the owner of the Bereiter House located at 855 East Smith Street, Kent, Washington("leased premises") The City agrees to a rent-free lease with the Society for the Bereiter House for the duration of this Agreement upon the terms and conditions the City sets forth herein 2 SCOPE OF SERVICES/RESPONSIBILITIES OF THE SOCIETY The Society agrees to perform the following services A To serve as City Historian and to provide historian services to the City and assist the City in developing plans, policies, and agreements relating to historical records, heritage resources, and historic preservation activities B Maintain a permanent, archival inventory of historic buildings and resources in the City C Cooperate with the Kent School District, the Federal Way School District, and other local school districts to enhance educational opportunities for students, educators, and community members D Develop exhibits, publications, audiovisual materials, markers, and other interpretive materials E Maintain artifacts, archival materials, and the historical record of Kent and its people F Assist the City to preserve and maintain historic buildings and resources, including those owned by the City G Provide historical and museum services in support of tourism development, economic revitalization and community events, or celebrations H Cooperate with other community organizations and public agencies to enhance cultural programs and services HISTORICAL AND MUSEUM SERVICES AGREEMENT- 2 (January 15, 2002) I Maintain a minimum number or open days/hours per year for public access at the Bererter House J Maintain building interiors of the Bererter House K Assist the City by inspecting, reporting about systems or structural problems, and providing oversight on the condition of the Bererter House, Accessory Buildings and Grounds L Assist the City in good faith and to the best of the Society's ability to raise funds for the ongoing maintenance operation and improvement of the Bererter House, and any future museum facilities M. Improving the museum facility to provide professional standards of environmental control, collection management capacity, security, programming flexibility, and public access N Provide event/activity or collection coverage insurance, as deemed appropriate by the Board O Seek all available means to raise public and private funds to support the staff and programs contemplated by this agreement 3 HISTORICAL AND MUSEUM SERVICES STAFF The Society shall, at its discretion, hire and provide Board supervision for a paid professional Museum Director, with experience and qualifications as determined by the Society The Society shall, at its discretion, provide professionally directed staff services for the Bererter House and any future museum facility 4 TERM This Agreement shall continue in full force and effect until terminated as provided for in Section 13 5 POLICIES, PROCEDURES, COMPLIANCE, AND CODE OF ETHICS The Society shall adopt standard museum and archival policies and procedures and shall conform to all applicable federal state and local laws in its operations and activities The Society shall adopt a professional code of ethics to guide its operations, based upon the codes developed by the American Association for State and Local History, American Association of Museums and the Society of American Archivists HISTORICAL AND MUSEUM SERVICES AGREEMENT-3 (January 15, 2002) 6 USE OF FACILITIES Society Agrees to use the facilities for the primary purpose of providing cultural, recreational, and educational services related to the Kent Greater Historical Society Society may use portions of the facilities for its organizational purposes including membership solicitations, membership and Directors meetings, staff training, docent training and certification, sale of items commonly sold by historical societies, and fund-raising activities normally held by lustoncal societies All activities conducted upon the facilities are subject to City regulations and to the further provisions of this Agreement Use of the facilities for other business purposes shall not be permitted without City's prior written consent City reserves the nght to use said facilities subject to approval of Society, when said use does not interfere with Society's use of said facilities or pose a security risk to Society collections 7 OUARTERLY AND ANNUAL REPORTS The Society shall make quarterly reports to the City documenting its activities and services, including hours open to the public The Society shall provide the City a detailed annual report, including a statement of financial condition and a projected annual budget 8 COLLECTION OWNERSHIP AND USAGE The society shall continue to own and manage historical collections and serve as a primary repository for historical materials in the City of Kent The City and its departments and divisions agree not to actively collect in competition with the society,but may accept and hold gifts or otherwise acquire historical materials that the Society is unable or meligible to acquire or that the City believes is more appropriate for the City to hold In such case, the City will communicate to Society its intention to collect and/or hold gifts or historical material Disposition of the City owned archival collections and historical records shall follow provisions of the Revised Code of Washington regarding transfer to the Washington State Archives The city may lend historical artifacts and materials to the Society for its interpretive and research use, provided that the lending of such materials conforms to the professional standards of the Society's collection management and that the terms of any such loan are mutually agreeable to the City and the Society HISTORICAL AND MUSEUM SERVICES AGREEMENT-4 (January 15, 2002) The Society may lend historical artifacts and materials to the City for its interpretive and research use, provided that the lending of such materials conforms to the professional standards of the Society's collection management policies and that the terms of any such loan are mutually agreeable to the City and the Society 9. MAINTENANCE Society shall, throughout the term of this Agreement, without cost or expense to City, keep and maintain said facilities and all improvements, fixtures and equipment which may now or hereafter exist thereon, in a neat, clean and sanitary condition and, except for reasonable wear and tear, at all times preserve the facilities in good and safe repair The Society shall mow and water the grounds as required to maintain a neat appearance Except City shall maintain the structure including foundations, roof, exterior walls, exterior painting, windows (excluding cleaning), exterior approaches, parking lots, fences, landscape, and irrigation, fixtures, heating, plumbing, and electrical systems other than special lighting, light bulbs, fixtures, and appliances at the Bereiter House and the Accessory Buildings 10 GOVERNANCE The governing body of the Greater Kent Historical Society and its museum shall be its Board of Directors, which shall have sixteen (16) members 11 BYLAWS The Society agrees to amend its bylaws to reflect and implement the provisions of this Agreement 12 RESPONSIBILITIES OF THE CITY The City agrees to provide the following A Funding to assist in performing the services described in Sections 2 of this agreement, as determined annually by the City, in its sole discretion, during the budget process B Provision of utilities, and waste removal services for the Bereiter House All security and/or fire safety devices, alarms, systems shall be installed and maintained by the City HISTORICAL AND MUSEUM SERVICES AGREEMENT- 5 (January 15, 2002) C. Primary responsibility for the maintenance and improvement of the exteriors of the Bereiter House as recommended by the Board and approved by the City D Assistance to the Society in raising funds for the ongoing maintenance and improvement of the Bereiter House E Assistance to the Society in its development of plans and proposals for a museum facility that meets professional standards of environmental control, collection management capacity, security, programming flexibility and public accessibility F Advise on placement of liability insurance and provide risk management assistance for Society operations, PROVIDED, that the Society shall be responsible for payment of all premiums, deductibles, and claims attributed to its actions and negligence G. Provide property insurance for the Bereiter House. H. Provide assistance to the Society in expanding their membership 13 TERMINATION Either party may terminate this Agreement without cause upon 180 days prior written notice In the event a party is in default of this Agreement, and upon providing thirty (30) days prior written notice to cure said default, the party not in default may, by reason of such default, terminate this Agreement by written notice to the defaulting party or pursue any remedy allowed by law Upon termination, the leasehold interest herein shall terminate and Society shall vacate the leased premises 14 PERSONNEL All services performed under this Agreement will be performed by the Society or its employees or agents, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under applicable state and local law to perform such Services 15 SUBCONTRACTING None of the services covered by this Agreement shall be the subject of the subcontract or subconsultant agreement without the prior written consent of the City, or as specifically set forth in this Agreement The Society shall not enter into any agreement with any subconsultant consented to by the City, which does not HISTORICAL AND MUSEUM SERVICES AGREEMENT- 6 (January 15, 2002) expressly bind such subconsultant to assume all obligations and responsibilities,which the Society, by this Agreement, assumes toward the City The Society shall provide the City with a written acknowledgment, signed by each subconsultant and satisfactory to the City, that all such obligations and responsibilities have been so assumed 16 COMPLIANCE WITH LOCAL LAWS The Society and anyone employed or retained by the Society shall comply with all applicable laws, ordinances, regulations and codes of any governmental jurisdiction having authority (including ADA) and shall commit no trespass upon any public or private property in performing any of the work described in this Agreement 17 HOLD HARMLESS AGREEMENT The Society shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with, the performance of this Agreement, except for those injuries and damages caused by the City's negligence Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Society and the City, its officers, officials, employees, and volunteers, the Society's liability hereunder shall be only to the extent of the Society's negligence It is fiuther specifically and expressly understood that the indemnification provided herein constitutes the Society's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification The parties have mutually negotiated this waiver The provisions of this section shall survive the expiration or termination of this Agreement 18 INSURANCE The Society shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may anse from or in connection with the performance of the work hereunder by the Society, its agents, representatives, employees, sub-consultants or sub-contractors The City shall provide property insurance on the building structures only, Content Coverage HISTORICAL AND MUSEUM SERVICES AGREEMENT-7 (January 15,2002) or coverage of Society's Collections or personal properties, if desired by Society, shall be provided by Society at its sole cost and expense At the time this Agreement is executed, the Society shall provide to the City a Certificate of Insurance evidencing Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and a $2,000,000 general aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products/completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability, and Any payment of deductible or self-insured retention shall be the sole responsibility of the Society The City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all the required insurance policies The Society's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability The Society's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage 19 LEGAL EXPENSES In the event that legal action is initiated by either party to this Agreement against the other to enforce any obligations arising out of or HISTORICAL AND MUSEUM SERVICES AGREEMENT- 8 (January 15, 2002) disputes concerning the terms and conditions of this Agreement, each party shall be responsible for its own legal fees, cost and expenses 20 GOVERNING LAW. This Agreement, and the services performed under this Agreement, shall be the laws of the State of Washington Jurisdiction and venue for any suits filed in connection with this Agreement shall be in the Superior Court of the State of Washington in and for King County 21 INDEPENDENT CONTRACTOR The Society and the City agree that the Society is an independent contractor with respect to the services provided pursuant to this Agreement Nothing in the Agreement shall be considered to create the relationship of employer and employee between the parties hereto Neither the Society nor any employee of the Society shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement The City shall not be responsible for withholding or otherwise deducting Federal income tax, social security, contributing to the State Industrial Insurance Program or otherwise assuming the duties of an employer with respect to the Society or any employees of the Society Society shall provide the City with sufficient proof of its independent contractor status, including IRS number and business license, if required 22 OTHER FUNDING This Agreement in no way restricts either party from participating with any public or private agencies, organizations, and individuals or by accepting contributions, gifts or mitigation money to be applied to either party's portion of the planning, engineering, construction, administration, operation, and preservation of the historical and museum facilities and services contemplated in tlus Agreement 23 INSPECTIONS — ACCESS City reserves the right to inspect the facilities at any and all reasonable times throughout the term of this Agreement, provided that it shall not interfere unduly with Society's operations The right of inspection reserved to City hereunder shall impose no obligations on City to make inspections to ascertain the conditions of the facilities, and shall impose no liability upon City for failure to make such inspections HISTORICAL AND MUSEUM SERVICES AGREEMENT-9 (January 15,2002) 24 FUTURE FUNDING The City makes no commitment to support, and assumes no obligation for future support of the activity contracted herem except as expressly set forth in this Agreement Should the funds allocated by the City via this agreement be from anticipated sources of revenue, and should the anticipated sources of revenue not become available to the City, the City will be released from all contracted liability with the Society for that portion of the Contract covered by funds not received In the event the City notifies the Society that funding is no longer available for all or a portion of the services to be provided pursuant to this Contract, the Society is released, upon written notification from the City, from any obligation to provide said services 25, NONDISCRIMINATION In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Consultant, its sub- contractors, or any person acting on behalf of such Consultant or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 12, and upon completion of the contract work, file the attached Compliance Statement 26 POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the electron or defeat of any candidate for public office 27 ASSIGNMENT The Society Shall not assign its performance under this Agreement or any portion of this Agreement without the written consent of the City, and its further agreed that said consent must be sought in writing by the Society not less than thirty(30) days prior to the date of any proposed assignment HISTORICAL AND MUSEUM SERVICES AGREEMENT- 10 (January 15, 2002) Any work or services assigned under this agreement shall be subject to each provision of this Agreement and proper bidding procedures where applicable as set forth in local, State and/or Federal statutes, ordinances and guidelines 28 WRITTEN NOTICE All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the agreement, unless notified to the contrary Any written notice hereunder shall become effective upon the date of marling by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing 29 MODIFICATION No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Society 30 ENTIRE AGREEMENT The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement The entire agreement between the parties with respect to the subject matter hereunder is contained in tlus Agreement and any Exhibits attached hereto All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. HISTORICAL AND MUSEUM SERVICES AGREEMENT- I I (January 15, 2002) 31. DUPLICATE ORIGINALS This Agreement shall be executed in duplicate originals IN WITNESS WHEREOF, the parties below have executed this Agreement SOCIETY: /� �,y/ CITY: n By &4& By. • �' ^ l Print Name Print Name Jim White Its .,.r Its Mayor Pros DATE Z DATE i 0 ZZ APPROVED AS TO FORM: +R64cr Lubovi A f ;;ich, City Atto ATTEST: Brenda Jacober, City (Aerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Greater Kent Historical Society Attn John Hodgson Director of Parks,Recreation, & Community Svcs City of Kent 220 Fourth Avenue South Kent, WA 98032 253 856 5100/fax 253 856 6050 HISTORICAL AND MUSEUM SERVICES AGREEMENT- 12 (January 15, 2002) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to this contract shall comply with the regulations of the City's equal employment opportunity policies The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific contract to adhere to An affirmative response is required on all of the following questions for this contract to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themsehes with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or terinination for all or part of the contract, The questions are as follows I I ha,,e read the attached City of Kent administrative policy number 12. 2 During the time of this contract I will not discriminate in employment on the basis of s:x, race, color, national origin, age, or the presence of all sensory, mental or physical disability 3 During the time of this contract the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 4 During the time of the contract I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5 Before acceptance of this contract, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above By signing below, I agree to fulfill the five requirements referenced above. Dated this �,/3 f�' day /oof J a ry a c 2002 By J�ii f �2 rJ For: Greater Kent Historical Society Title: Soc,ErY, AeFufocv7 Date /Z / cLg Z EEOC DOCUMENTS- 1 (Hcrwncal&Museum Svcs Agreement) (August 30, 2001) CITY OF KENT ADMINISTRATIVE POLICY NUMBER. L2 EFFECTIVE DATE, January 1, 1998 SUBJECT MINORITY AND WOMEN SUPERSEDES. April 1, 1996 CONTRACTORS APPROVED BY Jim Wlute, Mayor POLICY' Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding contracts with the City amounting to $10,000 or more within any given year, must take the following affirmative steps 1 Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 2 Actively consider for promotion and advancement available minorities and women Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the contract Contract Compliance Officers will be appointed by the Directors of Planning Parks, and Public Works Departments to assume the following duties for their respective departments 1 Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy 2 Monitoring to assure adherence to federal, state and local laws, policies and guidelines EEOC DOCUMENTS-2 (Historical&Museum Svcs Agreement) (August 30, 2001) CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the contract I,the undersigned, a duly represented agent of Greater Kent Historical Society , hereby acknowledge and declare that the before-mentioned entity was the prime contractor for the contract known as Historical and Museum Services Agreement that was entered into on the 6,y4f$;!� 06 Z (date) between the firm I represent and the City of Kent I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned contract Dated this / f'4 day of Jgzy U 4 R Y 200_. For- irieEs rE,4 kAE r fl,sra.e, CAC- Sec„E��. Title. SoG,lr t- �a Fs. o�.✓T Date o z EEOC DOCUMENTS-3 (Historical&Museum Svcs Agreement) (August 30, 2001) CITY CLERK CITY OF KENT 220 4th Avenue South KEN T Kent,WA 98032 WASHINGTON Fax. 253-856-6725 PHONE: 253-856-5725 Bereiter House Museum Lease Agreement with Kent Historical Society Contract Number: L041-13 1. Responsible Department/Division: Parks, Recreation and Community Services/Facilities Division 2. Contact Person and Title: Jeff Watling, Director Telephone Extension: X5007 3. Tenant (Customer) Name: Kent Historical Society 4. Tenant (Customer) Number: 253-854-4330 5. General Ledger Account Number: Parks Admin: 10006100.64190-4010, Park Ops: 10006600.6222.5140, IT: 52001740.64220.1810, Facilities: 5400.6900.64222.5892 6. King County Tax Parcel Number: 192205-9105-03 7. Address of Parcel: 855 E. Smith Street, Kent, WA 98031 8. Type of Lease: House Lease 9. Council Authorization Date: January 15, 2002 10. Mayor Signature Date: Lease Agreement: January 22, 2002 SECTION 2 — LEASE DURATION AND IMPORTANT DATES: All lease agreements and amendments must reflect the lease start date, lease termination date and the duration of the lease. The lease agreement may also authorize the tenant to request an extension of the lease term, i.e. either "month to month" or for a defined period of time. The tenant must provide advanced written notice of the intent to exercise this lease option. Lease Agreement Cover Sheet—Page 1 of 4 A date certain lease start date must be established in the lease agreement and must be the first of the month. Commencement of certain leases may be predicated on certain actions by the tenant, e.g. installation of cellular tower equipment. In such instances, a reasonable fixed future date must be established in the lease agreement. 11. Lease Start Date: Lease Agreement January 15, 2002 12. Tenant Lease Option Renewal Notification Due Date: None 13. Lease Termination Date: None 14. Lease Duration: Ongoing SECTION 3 - RENT DETERMINATION AND DUE DATE: Lease agreement must include provisions establishing the stated rent and, if over one year in length, modification of stated rent. Typically, rental increases are based on changes in the Consumer Price Index. Example of possible contract language: Effective as of each anniversary of the Commencement date (the "Adjustment Date") by an amount equal to the greater of four (4) percent or the percentage increase in the CPI two (2) months prior to the Adjustment Date and the CPI for the month 12 months prior to the Adjustment Date. "CPI"means the Consumer Price Index - All Urban Consumers, (Seattle-Tacoma-Bremerton, WA), All Items, base period 1982-84=100, Not Seasonally Adjusted, issued by the U.S. Bureau of Labor Statistics. If the CPI is converted to a different standard reference base, or otherwise revised, the adjustment set forth in this paragraph shall be made with the use of the conversion formula published by the U.S. Bureau of Labor Statistics. 15. Rent: None 16. Rent Due Date: N/A 17. Calculation of Rental Increase(s): N/A SECTION 4 - LEASEHOLD EXCISE TAX: Leasehold excise tax applies to the possession and use of publicly owned real property by a private sector individual, business or other organization. This tax is calculated based on 12.84 percent of the contract rent amount. See also Department of Revenue Leasehold Excise Tax Frequently Asked Questions and Answers (http://dor.wa.gov/docs/Pubs/IndustSpecific/Leasehold.pdf). Contact the Customer Services Financial Analyst (LIDs/Receivables) or the Audit Manager regarding questions in this area. 18. Is this lease subject to leasehold excise taxes? Lease Agreement Cover Sheet—Page 2 of 4 ❑ YES (go to Question 19) ® NO, Reason: RCW 84.36.060 - The premises are used for Historical Purposes 19. Are leasehold excise taxes for this tenant centrally assessed, i.e. directly collected from the tenant by the Washington State Department of Revenue? ❑ YES (attach written verification received directly from DOR or indirectly through the tenant, e.g. DOR notification letter) ® NO (go to Question 20). See response to question 18. 20. Does Lease Rent include Leasehold Excise Tax? (Leasehold taxes must be broken out on the invoice and coded: Business unit.32500.0303) ❑ YES Calculate the leasehold excise tax (Stated Rent divided by 1.1284) ® NO Calculate the leasehold excise tax (Stated Rent times .1284). See response to question 18. SECTION 5 — APPLICABLITY OF UTLITIES: The Lease agreement must include provisions establishing responsibility for payment of utilities, including but not limited to electricity, natural gas, water, sewer, storm drainage, and garbage collection and disposal services. In certain instances, the utility service may not be applicable, e.g. septic system, or may not be provided by the City, e.g. Highline Water District service area. In all instances, City utilities will be billed through the Customer Services utility billing system. Other utilities paid by the City on behalf of the tenant, e.g. electricity or natural gas, will be invoiced to the tenant through the central accounts receivable system (JD Edwards). Electricity or natural gas charges may be established based on actual consumption, e.g. usage of a meter or by a reasonable amount established through appropriate financial analysis. Separate meters for measurement should not be established on City-owned or leased properties. The dollar amount of electric and natural gas charges must be included in the lease agreement (amendment) and should be subject to future modification based on appropriate methodologies, e.g. change in rate, etc. Contact Finance Customer Services for questions in this area, as well as ensuring that City accounts are transferred into the name of the tenant. 21. Applicability of Utilities — Check all that utilities that are affected and indicate provider (e.g. City of Kent), Account Number or basis of exclusion. ® Water: City of Kent- 10006600.64730.5140 Lease Agreement Cover Sheet—Page 3 of ® Sewer: City of Kent - 10006600.64740.5140 ® Drainage: City of Kent - 10006600,64770.5140 ® Garbage: N/A ® Electricity/Natural Gas: Puget Sound Energy. 10006600.64710.5140 (Electricity) and 10006600.64720.5140 (Natural Gas) Ensure that Finance Customer Services is properly notified to ensure City utility account, if any, is recorded into the name of the tenant if so established in the Agreement. Ensure all other applicable charges are properly invoiced to the tenant. SECTION 6 — MONETARY PENALTIES AND LATE INTEREST CHARGES: Lease agreement should contain provisions establishing penalties and must contain provisions establishing late interest charges. Late interest (also referred to as "finance charges") should be consistent with Chapter 3.10 of the Kent City Code, i.e. currently 1% of the amount of the unpaid balance or $2.00, whichever is greater, if not paid within 30 days from the due date. 22. Monetary Penalties: N/A 23. Late Interest: N/A SECTION 7 — OTHER LEASE CONSIDERATIONS: Per lease agreement, the current Leaseholder, Kent Historical Society shall mow and water the grounds as required to maintain a neat appearance. Lease Agreement Cover Sheet—Page 4 of 4