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HomeMy WebLinkAboutCAG2003-0531 - Original - King County - Aukeen District Court Lease - 07/01/2003 T ecords M eme W.Sx.NOTOx Document CONTRACT COVER SHEET This Is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: Contract Number: This is assigned by Mary Simmons Vendor Numberr:, Project Name: Contract Effective Date: ,,L�, Z 2m Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for terni�ati orr en at or a dment �� . `^'/ �`v Contract Manager: jejM Department: L Abstract: ADCL7832 07/02 C E !wP c R i I JAN 2 7 2003 • i KENT KENT LEGAL DEPT W.5MINGTON ^"'-- LEASE AGREEMENT between KING COUNTY and THE CITY OF KENT for 4,782 Square Feet of Office Space in the Aukeen District Court Facility 1210 S. Central Avenue Kent, Washington 98032 July 1, 2003 - June 30, 2008 LEASE AGREEMENT THIS LEASE is entered into the date fully executed by and between KING COUNTY, a political subdivision of the State of Wasington, "Lessor", and CITY OF KENT, a municipal corporation of the State of Washington, "Lessee " 1. PREMISES The Lessor leases to Lessee the premises situated at 1210 S Central Avenue, in the City of Kent, Washington that are described as 4,782 square feet of office space in the Aukeen District Court facility, hereinafter "Aukeen", for use by the Lessee The area so leased is hereinafter called "the premises" and is depicted in Exhibit "A" attached hereto and incorporated herein by this reference 2. USE The premises shall be utilized by Lessee for the purpose of operating a municipal court and related ancillary uses and for no other purpose without the written consent of Lessor 3. TERM The term of this Lease shall be for five (5) years, and shall commence on the 1st day of July,2003, and end on June 30,2008. 4. RENT Lessee agrees to pay the Lessor as rental for said premises $6575 25 per month(based on an annual rent of Dollars ($16.50) per square foot in lawful money of the United States to be paid monthly in advance on the 1st day of each month of the Lease term, to Lessor's Agent, or to such other party or at such other place as the Lessor may hereafter designate. 5. TAXES Lessee shall pay any tax that this Agreement, or the interest created thereby, may be subject to at any time during the term of the Lease or renewal thereof 6. RE-DELIVERY Lessee, at the expiration of the term hereof or any extension thereof or upon any sooner termination thereof, will, without notice, quit and deliver the premises to the Lessor peaceably, quietly, and in as good order and condition as the same now are or may hereafter be placed by Lessor, reasonable use and wear thereof excepted AUKEEN DISTRICT COURT FACILITY LEASE AGREEMENT—Page 1 of 7 (December 30, 2002) (between King County and City of Kent) 7. DAMAGES All repairs for damages shall be made by the party causing the damage at its sole cost and expense while this Lease is in effect 8. REPAIRS AND ALTERATIONS All normal repairs necessary to maintain premises in a tenantable condition shall be done by or under the direction of Lessor, and at Lessor's expense, except those caused by negligence or acts of Lessee,his agents or invitees,which repairs shall be made at the sole cost of Lessee. Lessee shall not make any alterations, additions or improvements in said premises, without the consent of Lessor in writing first, which will not be unreasonably withheld, and all alterations, additions and improvements which shall be made, shall be at the sole cost and expense of Lessee, and shall become the property of the Lessor except for improvements that Lessor, at Lessor's option, agrees that they are the property of Lessee or elects to request Lessee to remove, and shall remain in and be surrendered with the premises as a part thereof at the termination of this Lease, without disturbance, molestation or injury If the Lessee shall perform work with the consent of the Lessor, as aforesaid, Lessee agrees to comply with all laws, ordinances, rules, regulations of the appropriate City or County, and any other authorized public authority. The Lessee further agrees to save the Lessor free and harmless from damage, loss or expense ansing out of said work. Lessee agrees that Lessor has the right to make alterations to the building in which the premises are situated. Lessee will be entitled to a fair abatement of rent if such alterations materially interfere with Lessees use of the premises 9. UTILITIES As long as Lessee is not in default in any of the provisions of this Lease, Lessor shall fiumsh a reasonable amount of electricity (i e. normal hghting and low power usage office equipment), heat,water, and full jamtonal service except no jaintonal service on weekends and County holidays Lessor shall not be liable (including consequential damages)nor shall rent be abated for interruption of said service caused by accident or necessity for repairs or improvements, or for any other reason beyond Lessor's control 10. INSURANCE Lessee is a self-insured governmental entity. Lessee shall provide, upon request, satisfactory documentation evidencing self-insurance coverage 11. INDEMNIFICATION/HOLD HARMLESS Lessor and Lessee agree that as to all third-party claims, actions, or causes of action of whatsoever kind or nature made or asserted against either or both of them and ansing out of the use of the prenuses under tlus Agreement, each will be liable to the other to the extent of each party's fault and shall indemnify the other for such amount As to all such third-party claims, actions, or AUKEEN DISTRICT COURT FACILITY LEASE AGREEMENT—Page 2 of 7 (December 30, 2002) (between King County and City of Kent) causes of action which are a consequence of the sole fault of a party to this agreement, such party shall have the duty to defend , save, and hold the other harmless, and upon failure to do so, shall pay reasonable fees, costs, and expenses incurred by the other party to this Lease in defense of any such third-party claims or actions. 12. LIENS AND INSOLVENCY Lessee shall keep the leased premises, Aukeen, and property in which the leased premises are situated, free from any hens ansing out of any work performed, materials furmshed or obligations incurred by Lessee 13. ASSIGNMENT Lessee shall not assign this Lease or any part thereof and shall not let or sublet the whole or any portion of the premises without the written consent of Lessor, or Lessor's agent, which consent will not be unreasonably withheld by Lessor. This Lease shall not be assignable by operation of law If consent is once given by the Lessor to a sublease of this Lease, or any interest therem, Lessor shall not be barred from afterwards refusing to consent to any further sublease 14. ACCESS Lessee will allow Lessor or Lessor's agent free access at all reasonable tunes to said premises for the purposes of inspection, cleaning or making repairs, additions or alterations authorized or required by the terms of this Lease This right shall not be construed as an agreement on the part of the Lessor to make repairs, additions, or alterations. 15. DAMAGE OR DESTRUCTION In the event the premises or the building is damaged to such extent as to render the premises untenantable, in whole or in a substantial part thereof, or is destroyed, it shall be optional with the Lessor to repair or rebuild the same Lessor shall have not more than thirty(30) days after the date the premises are rendered untenable to notify the Lessee in writing of Lessor's intentions to repair or rebuild said premises, or the part so damaged. If Lessor elects to repair or rebuild said premises, Lessor shall prosecute the work of such repainng or rebuilding without unnecessary delay, and during such period,if the damage is not the fault of the Lessee, its employees, agents or mvitees,the rent for said premises shall be abated (starting when the premises or a substantial part thereof first becomes untenantable), in the same ratio that the portion of the premises rendered for the time being unfit for occupancy shall bear to the whole of the leased premises. If the Lessor shall fail to give the above notice Lessee shall have the right to declare this Lease terminated by giving written notice to Lessor or Lessor's agent effective when the premises or a substantial part thereof first became untenantable AUKEEN DISTRICT COURT FACILITY LEASE AGREEMENT—Page 3 of 7 (December 30, 2002) (between King County and City of Ken[) In the event the building in which the premises hereby leased are located shall be damaged (even though the premises hereby leased shall not be damaged thereby or rendered untenantable) to such an extent that in the opinion of Lessor it shall not be practicable to repair or rebuild, or is destroyed, then it shall be optional with Lessor to terminate this Lease by written notice served on Lessee within thirty(30) days after such damage. 16. EARLY TERMINATION Lessor may terminate this Lease upon eighteen(18)months written notice to Lessee 17. NOTICES All notices to be given hereunder shall be in writing and shall be personally delivered, mailed, or sent by facsimile and addressed to the party at their respective mailing addresses as follows: To Lessor at: King County Property Services Division Arm Tun Clancy, Leasing Supervisor King County Administration Building 500 Fourth Avenue,Room 500 Seattle,Washington 98104 To Lessee at: City of Kent Arm Facilities Manager 220 Fourth Avenue South Kent,Washington 98032 18. DEFAULT AND RE-ENTRY If a party shall violate, default or not comply with any of the material covenants, agreements or provisions of this Lease Agreement following thirty (30) days prior written notice to cure said default, then the non-defaulting party may cancel this Lease upon giving thirty(30) days notice, or pursue any remedy allowed by law. The failure of either party to insist upon stnet performance of any of the covenants and agreements of this Lease, or to exercise any option herem conferred in any one or more instances, shall not be construed to be a waiver or relingmshment of any such, or any other covenant or agreements,but the same shall be and remain in full force and effect. AUKEEN DISTRICT COURT FACILITY LEASE AGREEMENT—Page 4 of 7 (December 30, 2002) (between King County and City ofKent) 19. COMMON AREAS The following areas adjacent to or located in or on the premises, shall constitute common areas available for Lessee's non-exclusive use including without limitation. walkways, hallways, stairways, driveways, lavatories,janitorial rooms, mechanical rooms, electrical rooms, landscaped areas and grounds, parking areas (see paragraph 24 for additional information), and all other areas used in common by the Lessees of Aukeen, Lessor, and invitees and employees of the Lessee All common areas shall be subject to Lessor's management and control and shall be operated and maintained in such a manner as Lessor, in its reasonable discretion, shall determine. Lessor may, from time to time in Lessor's reasonable discretion, alter, modify or change the dimensions and location of the common areas, or designate portions of the common areas for the exclusive use of Lessees of the Building, provided, however, that any such alterations, modifications or changes shall not materially interfere with Lessee's use and enjoyment of the premises as set forth in this Lease. Lessee and others entitled or allowed to use the common areas shall be subject to and shall comply with the rules and regulations applicable to the common areas as may be established by Lessor from time to time 20. HOLDOVER If the Lessee shall, with the written consent of Lessor, holdover after the expiration of the term of this Lease, such tenancy shall be for an indefinite period of time on a month to month tenancy, such tenancy may be terminated as provided by the laws of the State of Washington During such tenancy Lessee agrees to pay to the Lessor the same rate of rental as set forth herein, unless a different rate is agreed upon, and to be bound by all of the terms, covenants, and conditions as herein specified, so far as applicable 21. PARMNG (a) The initial Lease between the parties, which commenced on July 1, 1998, provided for construction in phases of additional parking and an exchange of easements granting ingress and egress to each other for the additional parking Lessee and Lessor shall execute the Parking Stall Easement attached as Exhibit B for Phase I and 11 of the parking construction (b) The parties have negotiated the rent credit regarding Phase II of the parking construction Rent credit in the amount of$34,500 00 will be granted to Lessee for the calendar year 2003 and further rent credit of$34,500 00 will be granted for 2004 beginning January 1, 2004 22. COMMUNICATIONS Lessee is responsible for all installation, operation and termination charges related to Its own independent telephone system, including, but not limited to, costs, expenses and charges for telephone equipment and line charges, line installation, Inside wiring, re-configuration, and system repairs Lessee shall install a system compatible with Lessor's system and shall coordinate and schedule with the Lessor all work by communications vendors for installation of such a compatible system Lessee shall notify the Lessor tlurty (30) days in advance of terminating their telephone AUKEEN DISTRICT COURT FACILITY LEASE AGREEMENT—Page 5 of 7 (December 30, 2002) (between King County and City of Kent) service or mcreasmg/decreasmg the size of their telephone system Lessee shall be responsible for acquiring and paying for local telephone directories. 23. RIGHT OF FIRST OFFER TO PURCHASE PROPERTY The parties shall execute the Right of First Offer attached as Exhibit"C" The foregoing conditions are mutually agreed to by the Lessor and the Lessee LESSOR: LESSEE: King County, Washington, a political City of Kent, a municipal corporation of subdivision of the State of Washington the State of Washington By; ul r By - Print ?O Print c Print N*. WHITE Title ft rt fit 1 wt ES Title Date /— 2 Date (Notary Acknowledgements Appear on Next Page) APPROVED AS TO FORM: APPROVED AS TO FORM: King County Kim Adams Pratt, Kent Assistant City Attorney AUKEEN DISTRICT COURT FACILITY LEASE AGREEMENT—Page 6 of 7 (December 30, 2002) (between King County and City ofKent) STATE OF WASHINGTON ) ss COUNTY OF KING ) On this day of yl VW 2047 before f a Notary Public m and for the State of Vme4nt son ly peared l to me known to be the 0f KING COUNTY, a Washington political ubdivision, that executed the foregoing and cknowledged it to be the ee d voluntary act, for the uses and purposes mentioned in this instrument,and on oath stated that—Ae.=authorized to execute said instrument -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and octal eKl the day and year first above written /�,/ ' Notary Public in an r the State of Washington residing at My appointment expires 6 STATE OF WASHINGTON ) ss COUNTY OF KING ) 40D On thtgday of , 2002, before me a Notary Public in and for the State of Washington, personally appeared JIM WHITE, to me known to be the Mayor of CITY OF KENT, a Washington municipal corporation, that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument -Notary Seal Must Appear Withus Thus Box- �llt• $S WHEREO , have hereunto set my hand and official seal the day and ye rs,, 4�pye �t ti AOTMpy 1A i ij 6 N I C No ary Public in And for the State of Washington T¢ �r. p�! e residing at /6)m-- _ of'1►A S N�+ My appointment ex Tres P\Ghl\PLL,23\OP �ImW6�bWukmiLeese2001-2W8-1113@doc AUKEEN DISTRICT COURT FACILITY LEASE AGREEMENT—Page 7 of 7 (December 30, 2002) (between King County and City of Kent) Now" L4 AFTER RECORDING RETURN TO City of Kent Attn: Property Manager 220 Fourth Avenue S Kent, Washington 98032 Grantor: City of Kent Grantee : King County Abbreviated Legal Description: Additional Legal Description on Exhibit A of Document. Assessor's Tax Parcel ID No. 346280-0205-0/000660-0043-0 Project Name: Kent Municipal Court Parking Lot Document Date: RECIPROCAL PARKING EASEMENT THIS INSTRUMENT made this day of 2002, by and between the CITY OF KENT, a municipal corporation of the State of Washington (the "City") and KING COUNTY, a political subdivision of the State of Washington(the"County") 1. Purpose. The City owns the real property legally described as Lot C in Exhibit A, which is incorporated by this reference. The County owns the adjoining real property legally described as Lot D in Exhibit A. The City has constructed two parking lots; Phase I and Phase II, over portions of Lot C and Lot D The Phase I parking lot is depicted in the cross hatched portion of Exhibit B, which is incorporated by this reference. The Phase II parking lot is depicted in the cross hatched portion of Exhibit C, which is incorporated by this reference. The purpose of this Parking Easement is to grant the City and the County the right to use the portions of the parking lots constructed on the other party's real property and to establish the allocation of the parking stalls Phase I and Phase II as between the City and the County. RECIPROCAL PARKING EASEMENT-Page t of 4 (between King County and City of Kent) EXHIBIT B 2. Grant to City. The County, for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by the County, does grant to the City, its successors and/or assigns, an easement for use of and access to any portion of the Phase I parking stalls depicted in Exhibit B and the Phase II parking stalls depicted on Exhibit C, which are located on the real property legally described in Exhibit A as Lot D The County reserves the right to use the easement area, so long as that use does not unreasonably interfere with the use of the City and so long as that use is consistent with the conveyance by the City in the following paragraph. 3. Grant to County. The City, for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by City, does grant to the County, its successors and/or assigns, the following- an easement for use of and access to any portion of the Phase I parking stalls identified in Exhibit B and Phase II parking stalls depicted on Exhibit C, which are located on the real property legally described in Exhibit A as Lot C. The City shall retain the right to use the easement area, so long as that use does not unreasonably interfere with the use of the County and so long as that use is consistent with the conveyance by the County in the previous paragraph . 4. Parking Stall Allocation. The County will have use of and access to seven (7) of the twenty-one (21) Phase I parking stalls and use of and access to ten (10) of the thirty-three (33) Phase II parking stalls. 5. Maintenance The City shall maintain and repair the parking lots as shown in Exhibit B and C. 6. Terms of Use The City and County shall at all times exercise their rights under this Easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. The City and County accept the easement areas in their present physical condition, as is 7. Indemnification. County does hereby release, indemnify and promise to defend and save harmless City from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorney's fees incurred by City in connection therewith, arising directly or indirectly on account of or out of the negligent exercise by County, its servants, agents, employees, and contractors of the rights granted in this Easement. City does hereby release,indemnify and promise to defend and save harmless County from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorneys fees incurred by County in connection therewith, arising directly or indirectly on account of or out of the negligent exercise by City, its servants, agents, employees and contractors of the rights granted in this Easement. RECIPROCAL PARKING EASEMENT-Page 2 of 4 (between King County and City of Kent) 8. Run with the Land. This Reciprocal Easement shall be a covenant running with the land forever and shall be binding on the City and County, their successors and assigns. KING COUNTY: CITY OF KENT: By: By Print Name: Print Name- Its: Its: Date: Date: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of 2002, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the KING COUNTY, as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument -Notary Srnl Must Appear Within Thu Bax- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year fast above wntten NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires RECIPROCAL PARKING EASEMENT-Page 3 of 4 (between King County and City of Kent) STATE OF WASHINGTON ) ss COUNTY OF KING ) I hereby certify that on the day of 2002, I know or have satisfactory evidence that is the person who appeared before me, and said person acimowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. ,Noia,y Seal.NusiAppear Wnh]n Thu Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires APPROVED AS TO FORM: KING COUNTY APPROVED AS TO FORM: TOM BRUBAKER Kent City Attorney P�CmPFILEg�ApmFlksb6]6Vt<cipronlParkmgFxcmem doc RECIPROCAL PARKING EASEMENT-Page 4 of 4 (between King County and City of Kent) LOT'C': CITY OF KENT TAX ACCOUNT NUMBER: 346280-0205-0 LEGAL DESCRIPTION: HORSESHOE ACRE TRS TO KENT POR TRACT 24& FOR S W RUSSELL DLC N 41 IN NW OTR STR 25.22-04 DAF:BEG AT INTSN E MGN EAST VALLEY HWY(AKA CENTRAL AVE)WITH N IN TRACT 24 HORSESHOE ACRES TH N 00-40-16 E ALONG E MGN EAST VALLEY HWY DIST 160.00 FT TH S 89.44-28 E PLL WITH N LN SO TRACT 24 DIST 143.00 FT TH W 0040-16 E PLL WITH EAST WALLEY HWY 205.99 FT MA.TO S MGN S 259TH ST TH EAST ALG S MGN 2 259TH ST 90.07 FT M/L TO PT 187.12 FT W OF E LN SEC 25 TH S 00-36-50 W PLL WITH E LN SEC DIST 366 85 FT TO N LN TRACT 24 HORSESHOE ACRES TH N 89-44-28 W ALG SD N LN 68.96 FT TH S 0030-26 W 53.83 FT TH S 45-54-33 E 94.10 FT TH S 00-03-47 W 84.40 FT TH S 89.35-24 E 128.73 FT TH S 00-07-57 W 114.25 FT TO S IN TRACT 24 HORSESHOE ACRES TH N 89-44-28 W ALG SD S LN 363 79 FT TO E MGN EAST VALLEY HWY TH N 0040.16 E ALG SD E MGN 318 00 FT TO TPOS. LOT 'D': KING COUNTY TAX ACCOUNT NUMBER: 000660-0043-0 LEGAL DESCRIPTION: S W RUSSELL D C 941 POR TRACT 24 HORSESHOE ACRE TRACTS &FOR S W RUSSELL DLC IN NW OTR STR 25.22-04 DAF:BEG AT INTSN S BNDRY LN SD DLC WITH E LN SEC 25 TH N 89-44-28 W ALG S BNDRY SO DLC 59.86 FT TO TPOB TH S 00-07-57 W 203.74 FT TH N 89-35.24 W 128.73 FT TH N 00.03-47 E 84.40 FT TH N 45.54.33 W 94.10 FT TH N 00-30-26 E 68.83 FT TO S BNDRY SO DLC TH S 89-44-28 E 68.95 FT TO PT 187.12 FT W OF E IN SEC 25 TH N 0035-50 E PLL TO SO E LN 366.85 FT MIL TO S MGN S 259TH ST TH E ALG S MGN 102.13 FT MIL TO PT 85.00 FT W OF E LN SEC 25 TH S 00-35-50 W 367.42 FT TO S LN SO DLC TH S 89-44-28 E ALG S LN 25.14 FT TO TPOB. RXHTRTT "A" 1------------------------------- SOUTH 259TN STREET -- ------------- I it i 1 j I LOT W i W I I iZ i < Io i J O I W i LOT"8" 1 j U I 1 e i 1 I ,M P i LY.� i 1 1 1 � I o ---.--.------"—'—`-- I , I LOT 1 1 I I II I 1 I j LOT"E" I i 1 I I "C. 1 j I 1 1 i 1 i I 1 � i I1 ---------------------- -- -------- EXHIBIT "B" EXHIBIT "C" ---------------------------- - 259-- STREET v------- SOU- — —-- 1 i i i i i + 1 I LOT "A" i 1 V� 1i 1 w i Z 1 � + 1 ❑ 1 J ❑ ! 2 + LOT" �+ 1 w i � — i i i • i i LOT To i i i i i — i i i i i i i i i i LOt"E" i i i LOTC" ' i �/i 1. 1 i + i i i i i i i t + LOT"F" WHEN RECORDED RETURN TO- Property Management City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: King County, a political subdivision of Washington Grantee: City of Kent, a Washington municipal corporation Abbreviated Legal Description: Additional Legal Description on page of Document. Assessor's Tax Parcel ID No. Project Name: Aukeen District Court Facility Purchase Document Date: RIGHT OF FIRST OFFER TO PURCHASE PROPERTY (Aukeen District Court Facility) This Right of First Offer (the "Agreement") is made this _ day of 2002, by and between KING COUNTY, a municipal corporation and political subdivision of the State of Washington ("King County") and the CITY OF KENT, a municipal corporation of the State of Washington("City of Kent") RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 1 of 9 (between King County and City of Kent) (November 13,2002) EXHIBIT C RECITALS A. King County is the owner of certain real property commonly known as the Aukeen District Court and legally described in Attachment "A" incorporated herein (the "Property") B The City of Kent has an interest in acquiring the Property. C In order to preserve the potential for the City of Kent to acquire the Property, King County has agreed to grant the City of Kent a right of first offer to purchase the Property. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows 1 Right of First Offer. If at any time after the date of this Agreement King County desires to sell the Property (which does not include a change of use or custodianship within the County), subject to King County Council approval, King County shall first provide the City of Kent the right of first offer to purchase the Property on the terms set forth herein. 2 Notice, Terms of Transaction. Before marketing or offering the Property for sale, King County shall provide the City of Kent with notice of its intent to sell (the "Sale Notice"). The Sale Notice shall be in writing, and shall specify the minimum terms and conditions under which King County is willing to sell the Property (the "Minimum Terms'). The Minimum Terms shall include an all cash price for the sale of the Property based upon a MIA appraisal of the Property. A copy of the appraisal shall be included with the Minimum Terms. The City of Kent may pay for a second MIA appraisal if the City of Kent does not find the first appraisal acceptable. If the parties are not able to agree on a price based on the two appraisals the City of Kent will be deemed to have failed to exercise the right of first offer. The Minimum Terms shall also include the form of conveyance deed to be provided, a general description of the representations and RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 2 of 9 (between King County and City of Kent) (November 13,2002) warranties(if any) to be provided by King County, a preliminary title commitment for the Property, and such other matters as King County shall deem appropriate. 3. Exercise of Right. The City of Kent shall have a period of ninety (90) days after its receipt of the Sale Notice in which to exercise its right of first offer to purchase the Property on the Minimum Terms, or on such other terms as mutually agreed between King County and the City of Kent. The City of Kent must exercise this right of first offer in writing, and the right shall be deemed exercised only when written notice of exercise is personally delivered to King County. Failure to exercise the right of first offer in writing within such 90 day period shall cause the right to terminate as it applies to the Sale Notice. If the City of Kent does not exercise the right of first offer, at the request of King County in connection with a subsequent sale of the Property, the City of Kent shall provide written confirmation that the City of Kent did not exercise the right. The written confirmation shall be in recordable form and may be provided by King County to potential purchasers, lenders and title insurance companies which may be involved in the subsequent sales transaction. 4. Access to Property. For the ninety (90) day period after the date the City of Kent receives a Sale Notice, the City of Kent shall have the right to enter upon the Property for purposes of conducting studies, investigations and surveys of the Property The City of Kent shall provide King County with at least twenty-four (24) hours prior written notice before entering the Property for such purposes, shall conduct all studies and investigations so as not to interfere with the normal operation of the Property, and shall indemnify, defend and hold harmless King County from all claims, actions or damages ansing from the City of Kent's entry onto and testing on the Property, except to the extent due to King County's negligence The City of Kent shall also promptly repair any and all damage that arises due to the City of Kent's entry onto and testing on the Property To the extent not in conflict with applicable law, the City of Kent agrees to keep confidential all information with respect to the Property made available to the City of Kent by King County, and will divulge such information only to those of its employees RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 3 of 9 (between King County and City of Kent) (November 13,2002) and advisors who have a specific need to know such information for the purposes of investigating the status of the property for potential purchase by the City of Kent, and only after advising each such employee and/or advisor of the confidentiality provisions of this Agreement. If the City of Kent elects not to purchase the Property, the City of Kent shall immediately return to King County all information relating to the Property made available by King County 5. Effect of Exercise If the City of Kent exercises the right of first offer in the manner set forth in Section 3 above, the City of Kent shall thereafter proceed to purchase the Property from King County on the Minimum Terms (or such other terms as mutually agreed between King County and the City of Kent) Closing shall occur within one hundred twenty (120) days of the date of exercise of the right by the City of Kent. The sale of the Property to the City of Kent shall be through a purchase and sale agreement, statutory warranty deed and other related documents, the form of which shall be mutually agreed upon by the parties. 6. Failure to Exercise. If the City of Kent does not exercise its right of first offer in the manner set forth in Section 3 above, King County shall have a period of twelve(12)months from the date the right of first offer terminates in which to market and sell the Property, provided that the sales price is no less than 95% of the sale price set forth in the Minimum Terms and the other terms of sale are not substantially more favorable to the buyer than the Minimum Terms offered to the City of Kent. King County shall inform the City of Kent of the terms of such proposed sale to another buyer, so that the City of Kent can compare them to the Minimum Terms. If King County has not closed the sale of the Property within such twelve (12) month period, or if King County desires to sell the Property at a price which is less than 95% of the sales price set forth in the Minimum Terns or on substantially more favorable terms than the Minimum Terms offered to the City of Kent, this right of first offer shall be reinstated in full, and King County must first reoffer the property to the City of Kent on the terms set forth above. RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 4 of 9 (between King County and City of Kent) (November 13,2002) s } If the City of Kent does not exercise its right of first offer in the manner set forth in Section 3 above and King County thereafter sells the Property as set forth above, the right of first offer and this Agreement shall thereafter terminate and become null and void. In this respect, and except as specifically provided in Section 7 below, this Agreement and the rights of the City of Kent hereunder shall not apply to a successor owner or purchaser of the Property 7. Excluded Transactions. The right of first offer set forth in this Agreement shall not apply to (i)the merger, consolidation or reorganization of King County,whether or not King County is the surviving entity in such merger, consolidation or reorganization; and (u) a foreclosure sale, trustees sale or deed in lieu of foreclosure with respect to any financial liens or encumbrances on the Property Notwithstanding the foregoing, in the event of a transaction described in (i), or (ii) above, the right of first offer shall continue to apply to the Property notwithstanding such transfers and/or contributions (i e, if the Property is transferred to a subsidiary as described above, the sale of the Property by the successor would be subject to the right of first offer). S. Subordination. This Agreement and the rights of the City of Kent hereunder shall be subject and subordinate to any mortgages or deeds of trust that may now or hereafter be placed upon the Property and to any or all advances to be made or amounts owing thereunder, and all renewals,replacements, consolidations and extensions thereof. The City of Kent shall execute and deliver,within fifteen (15)days after demand therefore, whatever instruments may reasonably be required from time to time by any mortgagee or deed of trust beneficiary to confirm such subordination. 9. Personal Rights. The right of first offer set forth in this Agreement is personal to the City of Kent, and may not be transferred or assigned by the City of Kent without the express written consent of King County, which shall not be unreasonably withheld. 10, Recordation/Re]ease. This Agreement will be recorded in the real property records of King County, Washington. However, at the request of King County, the City of Kent will sign and record a termination of this Agreement in connection with RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 5 of 9 (between King County and Cary of Kent) (November 13,2002) a sale of the Property (in accordance with the terms hereof) Without limiting the foregoing requirements, the failure of the City of Kent to record a termination of this Agreement within fifteen (15) days of request from King County (and assuming King County is otherwise entitled to such termination pursuant to this Agreement) shall constitute a default by the City of Kent hereunder, and King County may seek immediate equitable relief to obtain such termination (in addition to any other rights of Krug County hereunder). 11. Breach, Remedy. In the event either party defaults or fails to perform its obligations hereunder, the aggrieved party may seek any and all remedies available at law or in equity, Without limiting the foregoing, if the Property is sold in contravention of the City of Kent's rights under this Agreement, the City of Kent shall have the right to equitable relief to declare the sale to be invalid. 12. Governing Law, Attorneys' Fees. This Agreement shall be construed according to the laws of the State of Washington. If either King County or the City of Kent should find it necessary to employ an attorney, including an employee of either party, to enforce a provision of the Agreement or to recover damages for the breach hereof(including proceedings in bankruptcy), the prevailing party shall be entitled to be reimbursed for its reasonable court costs and attorneys' fees, in addition to all damages, through all levels of appeal. 13. Authority Each person signing this Agreement on behalf of King County and the City of Kent, respectively, warrants that he/she has the proper corporate authority to enter into this Agreement. 14. Notices. Any and all notices required under this Agreement shall be deemed to have been given upon receipt when personally delivered, sent overnight courier, or two days after deposit in the United States mail All notices shall be addressed as set forth below or such other address as any party may later specify in writing: RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 6 of 9 (between King County and City of Kent) (November 13,2002) Buyer: City of Kent Parks, Recreation and Community Services 220 Fourth Avenue South Kent, WA 98032-5895 With a copy to. City of Kent City Attorney's Office 220 Fourth Avenue South Kent, WA 98032-5895 Seller: King County Property Services Division King County Administration Building 500 Fourth Avenue, Room 500 Seattle, WA 98104 With a copy to King County Prosecuting Attorney Civil Division 500 Fourth Avenue, Room 900 Seattle, WA 98104 With a copy to: King County Transit Division 201 S. Jackson Street Seattle,WA 98104 15. Complete Agreement This Agreement constitutes the full and complete agreement concerning the right of first offer Any modification of this Agreement shall be in writing and properly executed by the parties hereto or their successors-in-interest. DATED as of the day and year first above written. KING COUNTY, a political subdivision of Washington By Its Date: RIGHT OF FIRST OFFER TO PURCHASE PROPERTY-Page 7 of 9 (between King County and City of Kent) (November 13,2002) CITY OF KENT, a Washington municipal corporation By Its Date- STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of 2002, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this mstrument,on oath stated that he is authorized to execute the instrument on behalf of the KING COUNTY, as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. Notary Seal M=iAppear Wnhm 7has Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 8 of 9 (between KmgCaunty and City of Kent) (November 13,2002) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of 2002, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument,on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal MwtAppear Withw An Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written NOTARY PUBLIC,in and for the State of Washington rending at My appointment expires P\Cmt\nLES\Openfi nmMI6EWgMOffumOfral I I NZ dx RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 9 of 9 (between King County and City of Kent) (November 13,2002) ` l LOT ID':KING COUNTY TAX ACCOUNT NUMBER: 000660-0043-0 LEGAL DESCRIPTION: S W RUSSELL D C#41 POR TRACT 24 HORSESHOE ACRE TRACTS &POR S W RUSSELL DLC IN NW OTR STR 25-22-04 DAR BEG AT INTSN S 8NDRY LN SO DLC WITH E LN SEC 25 TH N 89-44.28 W ALG S BNDRY SO OLC 59.86 FT TO TPOB TH S 00-07-57 W 203.74 FT TH N 89-35-24 W 128.73 FT TH N 0"3-47 E 84.40 FT TH N 45-54-33 W 94.10 FT TH N 00-30.26 E 58.B3 FT TO S BNDRY SD DLC TH S 89.44-28 E 68.95 FT TO PT 187.12 FT W OF E LN SEC 25 TH N 00-35-50 E PLL TO SO E LN 366.85 FT MIL TO S MGN S 259TH ST TH E ALG S MGN 102.13 FT MIL TO PT 85.00 FT W OF E LN SEC 25 TH S 00 35.50 W 367.42 FT TO S LN SO DLC TH S 89-44-26 E ALG S W 25.14 FT TO TPOB. i i ATTACHMENT A LOT'C': CITY OF KENT TAX ACCOUNT NUMBER: 346280-0205-0 LEGAL DESCRIPTION: HORSESHOE ACRE TRS TO KENT POR TRACT 24 8 POR S W RUSSELL DLC#41 IN NW QTR STR 2522-04 OAF.BEG AT INTSN E MGN EAST VALLEY HWY(AKA CENTRAL AVE)WITH N IN TRACT 24 HORSESHOE ACRES TH N 00-40-16 E ALONG E MGN EAST VALLEY HWY DIST 160.00 FT TH S 89-44-28 E PLL WITH N LN SO TRACT 24 DIST 143.00 FT TH W 00-40-16 E PLL WITH EAST WALLEY HWY 205.99 FT MIL TO S MGN S 259TH ST TH EAST ALG S MGN 2 259TH ST 90.07 FT M/L TO PT 187.12 FT W OF E LN SEC 25 TH S 00-35-50 W PLL WITH E LN SEC DIST 366,85 FT TO N LN TRACT 24 HORSESHOE ACRES TH N 89-44-28 W ALG SD N LN 68.96 FT TH S 00-30-26 W 53.83 FT TH S 45 5433 E 94.10 FT TH S 00-03-47 W 84.40 FT TH S 8935-24 E 128.73 FT TH S 0007-57 W 114.25 FT TO S LN TRACT 24 HORSESHOE ACRES TH N 89-44-28 W ALG SO S LN 363 79 FT TO E MGN EAST VALLEY HWY TH N 00-40-16 E ALG SO E MGN 318 00 Fi TO TPOB. LOT*Do: KING COUNTY TAX ACCOUNT NUMBER: 000660-0043-0 LEGAL DESCRIPTION: S W RUSSELL D C#41 POR TRACT 24 HORSESHOE ACRE TRACTS &POR S W RUSSELL DLC IN NW OTR STR 25-22-04 DAF.BEG AT INTSN S BNDRY LN SO DLC WITH E LN SEC 25 TH N 89-44-28 W ALG S BNDRY SD DLC 59.86 FT TO TPOB TH S 00-07-57 W 203.74 FT TH N 89-35-24 W 128 73 FT TH N 00-03-47 E 84.40 FT TH N 45-54-33 W 94.10 FT TH N 00-30-26 E 58 83 FT TO S BNDRY SO DLC TH S 89-44-28 E 68.95 FT TO PT 187.12 FT W OF E LN SEC 25 TH N OD-35.50 E PLL TO SO E LN 366.85 FT M/L TO S MGN S 259TH ST TH E ALG S MGN 102.13 FT M/L TO PT 85 00 FT W OF E LN SEC 25 TH S 00-35-50 W 367.42 FT TO S LN SO DLC TH S 89-44-28 E ALG S LN 25.14 FT TO TPOB EXHIBIT "A" � � 1 � 1 -----------------------------SOUTH 259TH STREEt ------------------- it LOT NA" I I � I ! Z , � to I ibe W I LOT j U I I I � e I I I I I I I 1 I I I I i I I LOT"E" I j ' I j I LOT C ' I ( I , I I 1 , I j � I ' LOT r I ' EXHIBIT "B" EXHIBIT "C" �L -------- - r--------------- - - - - - -- 5OUTH 259TH 5TREE1 LOT"A" i i i w I i L- i � Z , to o i Z , LOT"W' iw � u - i 1 i i T. i i i i i i i i i i i i i LOt"E" i I LOT*C" i I i ' w OF= copy JAN 2 7 2003 WHEN RECORDED RETURN TO: Property Management 20030122002928 City of Kent Kiwc cotmlry H 220 Fourth Avenue South = esi of ete 0." 2/ 00 Kent, Washington 98032 KING COlLINTY, [A Grantor: King County, a political subdivision of Washington Grantee: City of Kent, a Washington municipal corporation Abbreviated Legal Description: Ptn Tract 24 Horseshoe Acre Tracts recorded in Vol 15, page 10 and a Ptn Of S.W Russell DLC lying in the NW '/<, 25-22-04, King County, State of Washington Additional Legal Description on page 10—Attachment "A"—of Document Assessor's Tax Parcel ID No. 000660-0043-0 Project Name: Aukeen District Court Facility Purchase. Document Date: RIGHT OF FIRST OFFER TO PURCHASE PROPERTY (Aukeen District Court Facility) This Right of First Offer (the "Agreement") is made this day of January, 2003, by and between KING COUNTY, a municipal corporation and political subdivision of the State of Washington ("King County") and the CITY OF KENT, a municipal corporation of the State of Washington ("City of Kent"). RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 1 of 9 (between King County and City ofKent) (December 30, 2002) RECITALS A. King County is the owner of certain real property commonly known as the Aukeen District Court and legally described in Attachment "A" incorporated herein (the "Property') B. The City of Kent has an interest in acquiring the Property. C. In order to preserve the potential for the City of Kent to acquire the Property, King County has agreed to grant the City of Kent a right of first offer to purchase the Property. AGREEMENT NOW,THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged,the parties agree as follows I. Right of First Offer. If at any time after the date of this Agreement King County desires to sell the Property (which does not include a change of use or custodianship within the County), subject to King County Council approval, King County shall first provide the City of Kent the right of first offer to purchase the Property on the terms set forth herein 2 Notice, Terms of Transaction Before marketing or offering the Property for sale, King County shall provide the City of Kent with notice of Its intent to sell (the "Sale Notice'). The Sale Notice shall be in writing, and shall specify the minimum terms and conditions under which King County is willing to sell the Property (the "Minimum Terms'). The Minimum Terms shall include an all cash price for the sale of the Property based upon a MIA appraisal of the Property. A copy of the appraisal shall be included with the Minimum Terms. The City of Kent may pay for a second MIA appraisal if the City of Kent does not find the first appraisal acceptable If the parties are not able to agree on a price based on the two appraisals the City of Kent will be deemed to have failed to exercise the right of first offer The Minimum Terms shall also include the form of conveyance deed to be provided, a general description of the representations and RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 2 of 9 (between King County and City of Kent) (December 30, 2002) warranties (if any)to be provided by King County, a preliminary title commitment for the Property, and such other matters as King County shall deem appropriate 3 Exercise of Right The City of Kent shall have a period of ninety (90) days after Its receipt of the Sale Notice in which to exercise Its right of first offer to purchase the Property on the Minimum Terms, or on such other terms as mutually agreed between King County and the City of Kent. The City of Kent must exercise this right of first offer in writing, and the right shall be deemed exercised only when written notice of exercise is personally delivered to King County. Failure to exercise the right of first offer in writing within such 90 day period shall cause the right to terminate as it applies to the Sale Notice. If the City of Kent does not-exercise the right of first offer, at the request of King County in connection with a subsequent sale of the Property, the City of Kent shall provide written confirmation that the City of Kent did not exercise the right. The written confirmation shall be in recordable form and may be provided by King County to potential purchasers, lenders and title insurance companies which may be involved in the subsequent sales transaction. 4. Access to Property For the ninety (90) day period after the date the City of Kent receives a Sale Notice, the City of Kent shall have the right to enter upon the Property for purposes of conducting studies, investigations and surveys of the Property The City of Kent shall provide King County with at least twenty-four (24) hours prior written notice before entering the Property for such purposes, shall conduct all studies and investigations so as not to interfere with the normal operation of the Property, and shall indemnify, defend and hold harmless King County from all claims, actions or damages ansmg from the City of Kent's entry onto and testing on the Property, except to the extent due to King County's negligence. The City of Kent shall also promptly repair any and all damage that arises due to the City of Kent's entry onto and testing on the Property. To the extent not in conflict with applicable law, the City of Kent agrees to keep confidential all information with respect to the Property made available to the City of Kent by King County, and will divulge such information only to those of its employees RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 3 of 9 (between King County and Cary of Kent) (December 30, 2002) and advisors who have a specific need to know such information for the purposes of investigating the status of the property for potential purchase by the City of Kent, and only after advising each such employee and/or advisor of the confidentiality provisions of this Agreement. If the City of Kent elects not to purchase the Property, the City of Kent shall immediately return to King County all information relating to the Property made available by King County 5. Effect of Exercise. If the City of Kent exercises the right of first offer in the manner set forth in Section 3 above, the City of Kent shall thereafter proceed to purchase the Property from King County on the Minimum Terms (or such other terms as mutually agreed between King County and the City of Kent). Closing shall occur within one hundred twenty (120) days of the date of exercise of the right by the City of Kent. The sale of the Property to the City of Kent shall be through a purchase and sale agreement, statutory warranty deed and other related documents, the form of which shall be mutually agreed upon by the parties 6. Failure to Exercise If the City of Kent does not exercise its right of first offer in the manner set forth in Section 3 above, King County shall have a period of twelve(12)months from the date the right of first offer terminates in which to market and sell the Property, provided that the sales price is no less than 95% of the sale price set forth in the Minimum Terms and the other terms of sale are not substantially more favorable to the buyer than the Minimum Terms offered to the City of Kent King County shall inform the City of Kent of the terms of such proposed sale to another buyer, so that the City of Kent can compare them to the Minimum Terms. If King County has not closed the sale of the Property within such twelve (12) month period, or if King County desires to sell the Property at a price which is less than 95% of the sales price set forth in the Minimum Terms or on substantially more favorable terms than the Minimum Terms offered to the City of Kent, this right of first offer shall be reinstated in full, and King County must first reoffer the property to the City of Kent on the terms set forth above RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 4 of 9 (between King County and City ofKen2) (December 30, 2002) If the City of Kent does not exercise its right of first offer in the manner set forth in Section 3 above and King County thereafter sells the Property as set forth above, the right of first offer and this Agreement shall thereafter terminate and become null and void hi this respect, and except as specifically provided in Section 7 below, this Agreement and the rights of the City of Kent hereunder shall not apply to a successor owner or purchaser of the Property. 7. Excluded Transactions. The right of first offer set forth to this Agreement shall not apply to (i) the merger, consolidation or reorganization of King County,whether or not King County is the surviving entity in such merger, consolidation or reorganization; and (ii) a foreclosure sale,-trustees sale or deed in lieu of foreclosure with respect to any financial hens or encumbrances on the Property. Notwithstanding the foregoing, in the event of a transaction described in (i), or (it) above, the right of first offer shall continue to apply to the Property notwithstanding such transfers and/or contributions (i.e., if the Property is transferred to a subsidiary as described above, the sale of the Property by the successor would be subject to the right of first offer) 8 Subordination. This Agreement and the rights of the City of Kent hereunder shall be subject and subordinate to any mortgages or deeds of trust that may now or hereafter be placed upon the Property and to any or all advances to be made or amounts owing thereunder, and all renewals,replacements, consolidations and extensions thereof The City of Kent shall execute and deliver,within fifteen (15)days after demand therefore, whatever instruments may reasonably be required from time to time by any mortgagee or deed of trust beneficiary to confirm such subordination. 9 Personal Rights. The right of first offer set forth in this Agreement is personal to the City of Kent, and may not be transferred or assigned by the City of Kent without the express wntten consent of King County, which shall not be unreasonably withheld 10 Recordation/Release This Agreement will be recorded in the real property records of King County, Washington. However, at the request of King County, the City of Kent will sign and record a termination of this Agreement in connection with RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 5 of 9 (between King County and City of Kent) (December 30,2002) a sale of the Property (in accordance with the terms hereof). Without limiting the foregoing requirements, the failure of the City of Kent to record a termination of this Agreement within fifteen (15) days of request from King County (and assuming King County is otherwise entitled to such termination pursuant to this Agreement) shall constitute a default by the City of Kent hereunder, and King County may seek immediate equitable relief to obtain such termination(in addition to any other rights of King County hereunder). 11 Breach, Remedy. In the event either party defaults or fails to perform its obligations hereunder,the aggrieved party may seek any and all remedies available at law or in equity. Without limiting the foregoing, if the Property is sold in contravention of the City of Kent's rights under this Agreement, the City of Kent shall have the right to equitable relief to declare the sale to be invalid 12. Governing Law, Attorneys' Fees This Agreement shall be construed according to the laws of the State of Washington If either King County or the City of Kent should find it necessary to employ an attorney, including an employee of either party, to enforce a provision of the Agreement or to recover damages for the breach hereof(including proceedings in bankruptcy), the prevailing party shall be entitled to be reimbursed for its reasonable court costs and attorneys' fees, in addition to all damages, through all levels of appeal 13. Authority. Each person signing this Agreement on behalf of King County and the City of Kent, respectively, warrants that he/she has the proper corporate authority to enter into this Agreement 14. Notices Any and all notices required under this Agreement shall be deemed to have been given upon receipt when personally delivered, sent overnight courier, or two days after deposit in the United States mail. All notices shall be addressed as set forth below or such other address as any party may later specify in writing: RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 6 of 9 (between King County and City of Kent) (December 30, 2002) Buyer: City of Kent Parks,Recreation and Community Services 220 Fourth Avenue South Kent,WA 98032-5895 With a copy to: City of Kent City Attorney's Office 220 Fourth Avenue South Kent, WA 98032-5895 Seller: King County Property Services Division King County Administration Building 500 Fourth Avenue, Room 500 Seattle,WA 98104 With a copy to. King County Prosecuting Attorney Civil Division 500 Fourth Avenue,Room 900 Seattle, WA 98104 With a copy to King County Transit Division 201 S Jackson Street Seattle, WA 98104 15 Complete Agreement This Agreement constitutes the full and complete agreement concerning the right of first offer Any modification of this Agreement shall be in writing and properly executed by the parties hereto or their successors-in-interest. DATED as of the day and year first above written KING COUNTY, a political subdivision of Wash on By Its i c DES Date- i ? —d 3 RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 7 of 9 (between King County and City of Kent) (December 30, 2002) CITY NT, M unicipal corpora on By Jim White, Mayor Date: O^Oa- STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day o q T� 20Q I know or have satisfactory evidence that ithe n who appeared before me, and said person acknowledged that he signed tigs instrument, on oath stated that he is authorized to execute the instrument on behalf of the KING COUNTY, as its / C�01Q C4 — J and such execution to be the free and voluntary act of such VpartA for the uses and furposes mentioned in the foregoing instrument. -Nafary Seal Mast Appear Within Tha Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year fast ahove,witten . owi - 44& //( / NOTARY PUBLI a r ie State of Washingfon _ residing at My appointment expires D _ RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 8 of 9 (between King County and City q(Kenq (December 30, 2002) STATE OF WASHINGTON ) ss COUNTY OF KING ) I hereby certify that on the., day of 2002, I know or have satisfactory evidence that Jim White is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument -Notary Seal Mast Appear Withm Thu B- INZgTNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above` PeR' 944Z,, µ0TA/qr'Z to pVBitC a r In!!ST t!—e* d in NOTARY P L�>in and for the S to of Washington residing atC, MASO Myappomtmedexpires /mil PAGm6FlIE5WperiFitoW6'/G1WgluOffireglu1113K do RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 9 of 9 (between King County and City of Kent) (December 30, 2002) LOT-Do: KING COUNTY TAX ACCOUNT NUMBER: 000660-0043'0 LEGAL DESCRIPTION: SW RUSSELL D C"I POR TRACT 24 HORSESHOE ACRE TRACTS&POR S W RUSSELL DLC IN NW OTR STR 25-22-04 DAF:BEG AT INTSN S BNDRY LN SD DLC WITH E LN SEC 25 TH N 89.44-23 W ALG S BNDRY SO DLC 59.86 FT TO TPOB TH S 00-07-57 W 203.74 FT TH N 89-35-24 W 128.73 FT TH N 00-03-47 E 84.40 FT TH N 45-54.33 W a4 10 FT TH N 00-30-26 E 58.83 FT TO S BNDRY SO DLC TH S 89.44-28 E 68.95 FT TO PT 15712 FT:"1 OF E LN SEC 25 TH N W35-50 E PLL TO SO E LN 366.85 FT M/L TO S MGN S 259TH ST TH E ALG S MGN 102.13 FT MA_TO PT 85.00 FT W OF E LN SEC 25 TH S 00.35-50 W 367.42 FT TO S LN SD DLC TH S 89-44-28 E ALG S LN 25.14 FT TO TPOB. ATTACHMENT A King County Asset Development and Management Section G ,. Department of Executive Services King County Administration Budding 500 Fourth Avenue, Room 500 IllN 2 7 200, Seattle, WA 98104-2337 f 206-29 206-296-0196-0196 Fax KDY7Z Ctfy January 23, 2003 Kim Adams-Pratt Assistant City Attorney City of Kent Law Department 220 4f11 Avenue South Kent, Wa 98032 Re- Completed lease, Quit Claim Deed,Parking Easement, Right to Purchase Lease # 1628,Aukeen District Court, Kent Dear Ms. Adanis-Pratt• Enclosed is your fully signed copy of the new five-year lease between King County and the City of Kent for office/courtroom space at the Aukeen District Court In addition, I have enclosed photocopies of conformed copies of the following documents 1 Quit Claim Deed for South 259f" Street(for access to the new parking area) 2 Reciprocal Parking Agreement 3 Right of First Offer to Purchase Property The three documents referenced above have been recorded at King County Records; you should receive originals of the documents in the next sixty days The new lease takes effect on July 1, 2003 If you should have any questions,please call me at(206) 205-5648 or Tim Clancy at (206)296-7498 Sincerely, Mark Phillips, Leasing Agent ��. Records M ern KENT Document wwawH oroh CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office.Vendor Name: &AA4= -- - Contract Number._ This is assigned by Mary Simmons Vendor Number::7 �/ o/1e Project Name:///��A/ P-, �Ari (%9, Contract Effective Date: Contract Termination Date: Contract Renewal Notice (Days): `lG Number of days required notice for termination or renewal or amendment Contract Manager: bw Department: bit Abstract: ADCL7832 07/02 JAN 2 7 2003 MOM COPY � I KE.NT LEGAL 0EPT. AFTER RECORDING RETURN TO. 20030122002929 KING COUN City TY EAS 0 y of Kent KINC C1103 13JOI Attn. Property Manager 220 Fourth Avenue S Kent,Washington 98032 Grantor: City of Kent, a Washington municipal corporation. Grantee : King County, a political subdivision of Washington. Abbreviated Legal Description: Pin Tract 24 Horseshoe Acre Tracts recorded in Vol. 15, page 10 and a Ptn of S W Russell DLC lying in the NW /4,25-22-04, King County, State of Washington Additional Legal Description on Exhibit A—page 5—of Document Assessor's Tax Parcel ID No. 346280-0205-0 and 000660-0043-0 Project Name: Kent Municipal Court Parking Lot Document Date: RECIPROCAL PARMNG EASEMENT THIS INSTRUMENT made this. day of January, 2003, by and between the CITY OF KENT, a municipal corporation of the State of Washington (the "City") and KING COUNTY, a political subdivision of the State of Washington (the"County") 1. Purpose. The City owns the real property legally described as Lot C in Exhibit A, which is incorporated by this reference The County owns the adjoining real property legally described as Lot D in Exhibit A. The City has constructed two parking lots; Phase I and Phase II, over portions of Lot C and Lot D The Phase I parking lot is depicted in the cross hatched portion of Exhibit B, which is incorporated by this reference. The Phase II parking lot is depicted in the cross hatched portion of Exhibit C, which is incorporated by this reference The purpose of this Parking Easement is to grant the City and the County the right to use the portions of the parking lots constructed on the other party's real property and to establish the allocation of the parking stalls Phase I and Phase 1I as between the City and the County RECIPROCAL PARKING EASEMENT-Page I of 4 (between King County and City of Kent) 2. Grant to City. The County, for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by the County, does grant to the City, its successors and/or assigns, an easement for use of and access to any portion of the Phase I parking stalls depicted in Exhibit B and the Phase II parking stalls depicted on Exhibit C, which are located on the real property legally described in Exhibit A as Lot D. The County reserves the right to use the easement area, so long as that use does not unreasonably interfere with the use of the City and so long as that use is consistent with the conveyance by the City in the following paragraph. 3. Grant to County. The City, for and in consideration of mutual benefits derived and/or other valuable consideration,receipt of which is hereby acknowledged by City, does grant to the County, its successors and/or assigns, the following: an easement for use of and access to any portion of the Phase I parking stalls identified in Exhibit B and Phase II parking stalls depicted on Exhibit C, which are located on the real property legally described in Exhibit A as Lot C. The City shall retain the right to use the easement area, so long as that use does not unreasonably interfere with the use of the County and so long as that use is consistent with the conveyance by the County in the previous paragraph 4. Parking Stall Allocation The County will have use of and access to seven (7) of the twenty-one (21) Phase I parking stalls and use of and access to ten (10) of the thirty-three (33)Phase 11 parking stalls. 5. Maintenance. The City shall maintain and repair the parking lots as shown in Exhibit B and C. 6. Terms of Use. The City and County shall at all times exercise their rights under this Easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. The City and County accept the easement areas in then-present physical condition, as is 7 Indemnification County does hereby release, indemnify and promise to defend and save harmless City from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorneys fees incurred by City in connection therewith, arising directly or indirectly on account of or out of the negligent exercise by County, its servants, agents, employees, and contractors of the rights granted in this Easement City does hereby release,indemnify and promise to defend and save harmless County from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorney's fees incurred by County in connection therewith, arising directly or indirectly on account of or out of the negligent exercise by City, its servants, agents, employees and contractors of the rights granted in this Easement RECIPROCAL PARKING EASEMENT-Page 2 of 4 (between King County and City ofKent) 8. Run with the Land. This Reciprocal Easement shall be a covenant running with the land forever and shall be binding on the City and County,their successors and assigns. KING COUNTY: CITY NT: By:, � By: ` Print e: o Print e: Jim White Its fl C S Its: V Mayor Date: /-2 _d Date: /2t- 30 - 02l STATE OF WASHINGTON ) ss. COUNTY OF KING U I hereby certify that on the 261 day o crp cereal 2003 I know or have satisfactory evidence that &q—M2&!Aqg,Alis the person who appeared before me, and said person acknowledged that he signed this ii9trument, on oath stated that he is auth rize�d,�° execute the instrument on behalf of the KING COUNTY, as its 4 i Ch — /�I end such execution to be the free and voluntary act of such party for the us and &Toses mentioned in the foregoing instrument. ' -Notary Seal Must Appear Within An Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first \�ov $42tplet E NOTARY PUBLIC in an o State o Washm on residing at ' My appointment expires RECIPROCAL PARKING EASEMENT-Page 3 of 4 (between King County and City of Kent) STATE OF WASHINGTON ) ss. COUNTY OF KING ) t54- I hereby certify that on the JL1 day of 2002, I know or have satisfactory evidence that Jim White is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seat Must Appear Within This Bos- IN WITNESS WHEREOF,I have unto set my hand and official seal the day and year fast abpV��l[i3n 8� NOTARY PUBLIC,in and for the Sta of Washmgton � E •.���-� �'� rending at �_ -� • �`�-- CR IVA 1<N�+ ' My appointment e es /T J �J -O APPROVED AS TO FORM: J KiNd C6UNTY APPROVED AS TO FORM: KIM ADAMS PRATT Kent Assistant City Attorney RECIPROCAL PARKING EASEMENT-Page 4 of 4 (between King County and City ofKent) LOT'C':CITY OF KENT TAX ACCOUNT NUMBER: 346280-0205-0 LEGAL DESCRIPTION: HORSESHOE ACRE TRS TO KENT POR TRACT 24&POR S W RUSSELL DLC#r 41 IN NW QTR STR 25-22-04 DAP.BEG AT INTSN E MGM EAST VALLEY HWY(AKA CENTRAL AVE)WITH N IN TRACT 24 HORSESHOE ACRES TH N 004046 E ALONG E MGM EAST VALLEY HWY DIST 160.00 FT TH S 89-44-28 E PLL WITH N LN SO TRACT 24 DIST 143.00 FT TH W 00-40.16 E PLL WRH EAST WALLEY HWY 205.99 FT MIL TO S MGM S 259TH ST TH EAST ALG S MGM 2 259TH ST 90.07 FT M/L TO PT 187.12 FT W OF E LN SEC 25 TH S 00.35.50 W PLL WITH E LN SEC DIST 366.85 FT TO N LN TRACT 24 HORSESHOE ACRES TH N 89-44-28 W ALG SO N LN 68 96 FT TH S 0030-26 W 53,83 FT TH S 45-5433 E 94.10 FT TH S 00-03-47 W 84 40 FT TH S 8935-24 E 128.73 FT TH S 00-07-57 W 114 25 FT TO S LN TRACT 24 HORSESHOE,ACRES TH N 89-44-29 W ALG SO S LN 363.79 FT TO E MGM EAST VALLEY HWY TH N 00-40-16 E ALG SO E MGN 318,00 FT TO TPOB. LOT DO:KING COUNTY TAX ACCOUNT NUMBER: 000660-W43 0--�,, LEGAL DESCRIPTION: S W RUSSELL D C#'41 POR TRACT 24 HORSESHOE ACRE TRACTS&POR S W RUSSELL DLC IN NW QTR STR 25-22-04 DAF.BEG AT INTSN S BNDRY LN SO DLC WITH E LN SEC 25 TH N 89-44-28 W ALG S BNDRY SD DLC 59.86 FT TO TPOB TH S 00-07-57 W 203.74 FT TH N 89-35-24 W 128.73 FT TH N 00-03-47 E 84.40 FT TH N 45-54-33 W 94.10 FT TH N 0030.26 E 58.83 FT TO S BNDRY SD DLC TH S 89-44-28 E 68 95 FT TO PT 187.12 FT W OF E IN SEC 25 TH N 00-35.50 E PLL TO SD E LN 366,85 FT MIL TO S MGM S 259TH ST TH E ALG S MGM 102.13 FT MIL TO PT 85.00 FT W OF E LN SEC 25 TH S 00-35-50 W 367A2 FT TO S IN SD DLC TH S 89-44-28 E ALG S LN 25.14 FT TO TPOB. EXHIBIT "A" --L r~---------- 50UTH 259MM STREE-f ---- i 1 i i , LOT"A" , 1 IZ tt 1 J 1 i W LOT"6" iu i 1 t i 1 1 i i 1 I i 1 -------------- i i - 1 1 1 i 1 1 t i 1 i 1 i I i 1 t i t I t 1 --- i ' 1 LOT"r 1 1 i --------------------- EXHIBTT "B" EXHIBIT "C" i LOT"A" ; w , Z i i Z LOT'W +� �v i — i i i i LOT D� i i i e i — i i i t j i LOt"E"E' j I i i i ------------------ -- ------ _ MOND COPY 20030123002597 WHEN RECORDED RETURN TO: KCG PAGE 001 of �4GCo 0 00 01/23/2003 15:04 — •--- - il WcF- n Property Management KING COUNTY, N 1 City of Kent 220 Fourth Avenue South JAN 2 7 2003 Kent, Washington 98032 E1935234 Atm 01/23/2093 15:04 Carol Storm KING CITY, TWA0 00 KEfUT LEGAL DEBT_ SALE j0.00 PAGE 001 OF 002 n. Grantor: King County Grantee: City of Kent Abbreviated Legal Description: Ptn. Tract 24, Horseshoe Acre Tracts and Ptn. of SW Russell Donation Land Claim Additional Legal Description on page 2 of Document. Assessor's Tax Parcel ID No. 000660-0043 Project: Aukeen Parking Lot Expansion Phase II QUITCLAIM DEED (Corporate) The Grantor, King County, a political subdivision of the State of Washington, for and in consideration of mutual benefits derived conveys and quit claims to City of Kent for any and all municipal purposes, the following described real estate, situated in the County of King, State of Washington, including any after acquired title Refer to Exhibit A attached and made a part hereto QUITCLAIM DEED(Corporate)-Page I of 2 (Grantor King County-Aukeen Court Parking Lot) GRANTOR: KING COUNTY Lo By: Title it k ut'e ,OFS' Date: /- Z -613 WITNESS WHEREOF, said corporation has caused this inslment to be executed by Its proper officers and its corporate seal to be hereunto affixed this r;?,r day of 461 LA?' 2003 STATE OF WASHINGTON ) ss COUNTY OF KING ) On this e�day of ll `l 200 3 before me a Notary Public in and for the State of Washington,personally app ed rQo � and to me known to be the ,N Cy — and WIVIAW,"/,C of HING COUNTY,a corporation that executed the foregoind instrdment, and acknowledged it to be the free and voluntary act of said corporation,for the uses and purposes mentioned in this instrument,and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within An Bar IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written. PIS =U NOTARY PUBLIC for the State of Washington residing at ` c• My appointment expires 6 . - sMblty:ps` P T—MLES10pn &s\036SQDKC Auke xkmgL doc QUITCLAIM DEED(Corporate)-Page 2 of 2 (Grantor King County-Aukeen Court Parking Lot) gGD77 m � z $ '6_4 ,- , ,■,vr7 � E, ,Z; 6 01/0 �]2 a ®R y7�92 �pwd� Glt�� � z Cramp Northwest InC A £ « " Surveyors ! Planners ~ 945 w « r* _. « __ c �c 0)251m89 (toll free) c>—m (fox) E-MAIL _ ____ , 37540 ©® BY a 2\ Thu, _ a 2001 _— y O o N\O A 0 Z ?On M N�YNZ NN mG i h\a FND LONG AS MONUMENT IN CASE I m W/ 1/4' BRASSIE & PUNCH N em 3 22 S OF S 259TH 5T & CEMTR A n � N Z om� �pP� m m SOP4002-W 99765_ Z c; N0040 0YE �n 478 00 (DEED) m e I A a Z w I a1 0 m m m o 205 99(DEED) N004002"E 20355(CALC D) 0� Sy y�4 5383 m� a 13`-l0 .O10 -m r ' NOUO3 47E m 8440 N0O40'06'E 35043'(C4LC D) �1w Z m 366 85' (DEED) o y in m N y e N0 Uy O _ V �P u N s m SOQ40 06'W 350 28'(CALC 0) 13 N 4% "' 367 42' DEED 6 F AZ 50907 SYW 203 74' O YW m FND CONCM MONUMENT IN CASE� W/ Y BRASSIE & PUNCH 0 ® C L S 259TH ST am 0 En <a i o � b � A � f - m i o 0 0 Cramer Northwest Inc. Surveyors & Planners 945 N CENTRAL. STE #104, KENT. WA 98032 (253)852-4880 (local) 1—(800)251-0189 (1011 tree) p�10898�q (153)852-4955 (tax) E—MAIL cm®cmmer.cam a.1S7LT'- DRAWN BY OBH SCALE- SHEET: DATE, JOBNO:2000-096 1 inch = 100 FT 3 OF 3 Thu, May 24 2001 uNB i 7 PLE. S1'TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE SEE REVERSE CHAPTER 82 45 RCW-CHAPTER 458.61 WAC when stamped by cashier FOR USE AT COUNTY TREASURER'S OFFICE (Use Form No 84.0001B for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue) THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 127 ARE FULLY COMPLETED Name t Name , I Street Street - City/State/ZIp City/State/ZIp ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS COUNTY TREASURER P ACE ASSESSED VALUE IF TAX EXEMPT Name Street City/State/Zip vLEGAL DESCRIPTION OF PROPERTY SITUATED IN ❑UNINCORPORATED COUNTY ❑OR IN CITY OF Street Address(if property is improved) Is this property currently YES NO Description of personal property included in gross selling price, both tangible leg, furniture, equipment, etc )or intangible(eg, goodwill, Classified or designated as forest land9 0 ❑ agreement not to compete,etc) Chapter 84 33 RCW Classified as current use land(open space,farm ❑ 0 and agricultural,or timber)9 Chapter 84 34 RCW ' Exempt from property tax as a nonprofit ❑ p If exemption claimed, list WAC number and explanation organizations Chapter 84 36 RCW Seller's Exempt Reg No —_--+— ___ WAC No (Sec/Sub) Receiving special valuation as historic ❑ Q Explanation property9 Chapter 84 26 RCW Property Type: ❑land only ❑ land with new building ❑ land with previously used bmtdmg ❑land with mobile home Type of Document ❑timber only ❑building only Date of Document Principal Use: ❑Apt (4+until ❑residential ❑timber ❑agricultural ❑commercialhndustnal Gross Selling Price $ ❑other Personal Property(deduct) $ (1)NOTICE OF CONTINUANCE(RCW 84 33 OR RCW 84 34) Taxable Selling Price $ II the new owner(s)of land that is classified or designated as current use Excise Tax State $ ' or forest land wish to continue the classification or designation of such Local $ land,the new owner(s)must sign below If the new owner(s)do not desire Delinquent Interest State $ to continue such classification or designation,all compensating or additional tax calculated pursuant to RCW 84 33 120 and 140 or RCW Local $ 84 34 108 shall be due and payable by the seller or transferor at the time Delinquent Penalty $ of sale The county assessor most determine if the land transferred Total Due $ qualifies to continue classification or designation and must so indicate below Signatures do not necessarily mean the land will remain in A MINIMUM OF$2 00 IS DUE AS A PROCESSING FEE AND TAX classification or designation If it no longer qualifies,it will be removed AFFIDAVIT and the compensating taxes will be applied All new owners must sign I Certify Under Penalty of Perjury Under The Laws of The State of This land ❑does ❑does not qualify for continuance Washington That The Foregoing Is True And Correct (See back of this form) Date DEPUTY ASSESSOR Signature of Grantor/Agent ` s ' (2) NOTICE OF COMPLIANCE(Chapter 84 26 RCW) If the new owner(s)of property with special valuation as historic property Name(print) wish to continue this special valuation the new owner(s)must sign below Date and Place of Signing ' If the new owner(s)do not desire to continue such special valuation,all additional tax calculated pursuant to Chapter 84 26 RCW,shall be due Signature of and payable by the seller or transferor at the time of sale Grantee/Agent (3) OWNER(S)SIGNATURE Name(print) ing Perjury:Pei)wy is nstitution for a maximum term of not more than five years,or It $5,000 00),or by both Imprisonment and fine(RCW 9A 20 0 REV MONIa(3-18-% E1935234 .f4 TAXPAYER 0 /23/2003 15:04 i+ K NO COUNTY, p5 ,00 SALE i0 " RAGE 01211 OF 092