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HomeMy WebLinkAboutL018-09 - Other - Public Golf Management, Inc. - Addendum #2 - Riverbend Clubhouse - 02/05/2003 CITY CLERK CITY OF KENT 220 4" Avenue South KENT Kent, WA 98032 WASHINGTON Fax 253-856-6725 PHONE: 253-856-5725 Lease Agreement Cover Sheet Instructions This document is to be used in lieu of the Contract Cover Sheet SECTION 1 - CONTRACT PROCESSING AND TENANT SET-UP: All lease agreements must be signed by the Mayor or his/her designee and approved by the City Council. Lease amendments, extensions, renewals, and assignments may or may not require Council approval (contact the Law Department), but they must be signed by the Mayor. The City Clerk's Office will perform the following tasks associated with all lease agreements and amendments: • Assign a sequential lease agreement number based on starting with 001 and preceded with "L", e.g. L001. • Scan the Lease Agreement Cover Sheet, Lease Agreement (or Amendment) and, if any, related supporting documentation into the document imaging system. • Provide notification via e-mail to the Contact Person (Question 2), Law and Customer Services. The Lease Agreement Cover Sheet is to be completed for each existing and active and all subsequent lease agreements, lease amendments and assignments of lease. There is recognition that certain existing and active agreements and amendments may not incorporate new policies, e.g. commencement of the lease on the 1s' of the month or year. Those agreements and amendments will be addressed through subsequent agreements and/or amendments, if any. Contract Number: L018-09-4 1. Responsible Department/Division: Parks/Admin 2. Contact Person and Title: Jeff Watling Telephone Extension: 5007 3. Tenant (Customer) Name: Access Golf Management, LLC (assignment from Public Golf Management, Inc) 4. Tenant (Customer) Number: 54272 Lease Agreement Cover Sheet-Page 1 of 5 5. General Ledger Account Number: 48006855.56250 6, King County Tax Parcel Number: 232204-9010 (partial) 7. Address of Parcel: 2019 West Meeker Street, Kent 8. Type of Lease: Addendum Two - Commercial Building Rental 9. Council Authorization Date: None 10. Mayor Signature Date: February 5, 2003 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. 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: March 1, 2000 12. Tenant Lease Option Renewal Notification Due Date: 180 days prior to expiration of term 13. Lease Termination Date: February 28, 2006 14. Lease Duration: March 1, 2000 through February 28, 2006. One additional six year option period 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 rn 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 rn this paragraph shall be made with the use of the conversion formula published by the U.S. Bureau of Labor Statistics. Lease Agreement Cover Sheet-Page 2 of 5 15. Rent: Greater of $12.00 per square foot of leased space ($5,000.00) or 5% of gross revenue/month (plus leasehold excise tax) 16. Rent Due Date: loth of the following month, e.g. January rent due February 10 17. Calculation of Rental Increase(s): N/A - Rent calculated based on stated percentage of gross revenue subject to a $5,000 per month minimum (plus leasehold excise tax) 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.g_ov/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? ® YES (go to Question 19) ❑ NO, reason: 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) 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) 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 Lease Agreement Cover Sheet-Page 3 of 5 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. ❑ Does Not Apply ® Water: 805-12167.01 (75% paid to City) ® Sewer: 805-12167.01 (75% paid to City) ® Drainage: 805-12167.01 (75% paid to City) ❑ Garbage: Waste Management (Facility not subject to these charges) ® Electricity/Natural Gas: Puget Sound Energy (75% paid to City) 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: 5% of the payment due and unpaid if not received by the City within 10 days of the due date (loth of the month) 23. Late Interest: 1% on the amount outstanding if not paid by the 1st day of the month following the due date for payment (approximately 20 days late) SECTION 7 — OTHER LEASE CONSIDERATIONS: 1. Tenant is required to provide a signed written statement detailing monthly gross and net receipts signed by the tenant by the loth of the following month, e.g. January rent due February 10 (Section 4). 2. Section 4 requires payment of leasehold excise tax on the 15th of the month following the end of each quarter (RCW 82.29A.050 requires payment at the same time as collection of the related rent, i.e. monthly basis for this lease). Lease Agreement Cover Sheet—Page 4 of 5 3. Tenant is required to pay the City for telecommunication service provided to the Fire Creek Grill (Section 10). 4. Addendum One deleted Exhibit B Riverbend Retail Merchandise from the Lease Agreement and authorized usage of City personnel for janitorial services in lieu of usage of a private contractor. 5. First Assignment of Lease assigned lease from Public Golf Management, Inc to Access Golf Management, LLC 6. Addendum Two waives certain rent following the close of the sale of the resturant from Public Golf Management, Inc to Access Golf Management, LLC and decreases the Riverbend City employee and Tenant employee discount for food and beverages (excluding alcohol) from 40% to 25%. Lease Agreement Cover Sheet-Page 5 of 5 ADDENDUM TWO TO LEASE AGREEMENT THIS ADDENDUM TWO between THE CITY OF KENT, a Washington municipal corporation, ("City") and ACCESS GOLF MANAGEMENT LLC, a Washington limited liability company, ("Lessee") amends that certain Lease Agreement entered into on or about March 27, 2000, and Addendum One to the Lease Agreement entered into on or about January 29, 2002, (together referred to as the "Lease") WITNESSETH: WHEREAS, Lessee agreed to lease certain property owned by the City located at the City of Kent Rrverbend Golf Complex ("Premises"), and WHEREAS, City and Lessee express their mutual intent and desire to amend the Lease, NOW THEREFORE, in consideration of the mutual intent, desire and promises of the parties hereto and other good and valuable consideration, City and Lessee agree as follows 1 Sections 4 A 3.a, b and e of the Lease, entitled "Lease Consideration and Payment," are hereby amended to read as follows SECTION 4. LEASE CONSIDERATION AND PAYMENT. A The Lessee shall provide to the City the following consideration- 3 Pay to the City the following a Years 1-6 (1) 5% of net taxable revenue required to be reported for sales tax purposes to the state of Washington Department of Revenue for all operations of Lessee, or $12 00 dollars per square feet of leased space as set forth in Exhibit"A", whichever is greater (n) Lessee shall not be obligated to pay the amount referenced in subsection 4 A 3 a for the 90 days following the close of the sale of the Fire Creek Grill from Public Golf Management, Inc to Access Golf Management LLC ADDENDUM TWO TO LEASE AGREEMENT- 1 (Febntary 4 2003) (between City of Kent and Access Golf Management LLC) ORIGINAL (in) Lessee shall not be obligated to pay the amount referenced in subsection 4 A 3 a for the months of January and February 2004, provided however, that if net sales for all operations of Lessee are 2 2 million dollars or greater at the end of 2004, Lessee shall pay to the City by January 31, 2005, 50% of the amount that would have been due in January and February 2004, under subparagraph 4 A3 a b Years 7-12• 5% of net taxable revenue required to be reported for sales tax purposes to the state of Washington Department of Revenue for all operations of Lessee, or twelve dollars ($12 00) per square feet of leased space, whichever is greater e Pursuant to Charter 82.29A RCW, Lessee shall pay quarterly to the City, on the 15 day of the month following the end of each quarter, the amount of state leasehold tax owing 2 Section 5 of the Lease, entitled "City Obligations," is hereby amended to read as follows SECTION 5. CITY OBLIGATIONS. The City shall have the following obligations under this Lease. H City shall provide information in an appropriate manner to golf coarse users and tournament sponsors explaining that no food or beverage obtained off-site shall be allowed on the Premises without prior approval of Lessee 3 Section 6(I) of the Lease, entitled "Lessee's Operational Obligations," is hereby amended to read as follows. SECTION 6. LESSEE'S OPERATIONAL OBLIGATIONS. Lessee shall perform the following tasks I Provide a twenty-five percent (25%) discount for food and beverage (excluding alcohol) to City employees and Lessee's employees who work at the Riverbend Golf Complex Said discount shall only apply during an employee's work shift ADDENDUM TWO TO LEASE AGREEMENT-2 (February 4,2003) (between City ofKent and Access Golf,Management LLC) 4 Except as amended by this Addendum Two, all provisions of the Lease shall remain in full force and effect except as specifically modified by this Addendum Two IN WITNESS WHEREOF, the parties hereto have executed this Addendum Two to Lease Agreement, which shall take effect on the last date signed below CITY: LESSEE: CITY OF KENT ACCESS GOLF MANAGEMENT, LLC 13Yi ' `�` �.�/A-) By Print Name G�. AiA OleYt Print Name Itsi)2 h/Gu TG—m Its: Date c:Q - eT o. 3 Date STATE OF WASHINGTON ) ss COUNTY OF KING ) I hereby czyyN atot hee� da 2003, I know or have satisfactory eviden� Iliae a is the person who appeare before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the City of Kent as its Mayo?Vn s11h execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument -Notary Seal Must Appear Within This Bos- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and ea Jpt written y� ♦ A 3 +q e�,10T1gr In ��o NOTARY P LIC, in and for the State of Washington +r p ,� residing i R 11AS0ti "w.,„,. My appointm nt expires ADDENDUM TWO TO LEASE AGREEMENT-3 (February 4,2003) (between City ofKenl and Access Golf,Management, LLC) I I III as amended by thss Addendum Two' all provisions of the Lew � 4 tally modsfied by this the shall remain m full fora and effect except as Specifically TWO executed this Addettdam IN �,�5 WHER<e0g, rite parties lureto have execu bektw Two to Leese ASreomont+which shall take effect on the lot date signed LESSEE: MANAGEMENT, CITY-. ACCESS Cr y CITY ult KEN I LLC , By By Pint Name -- prim Name_ pa - tN 1 Its pate J� —' Date ., STATE OF WAnl T ) . cs. COUNTY OF ICING ) I hereby� that on the—dW of a nb,I d said or have wbo befaa me and sled person aansfacroty w t o h that.G�e WBioe is the pmson �&g hehha is a Annzed to acteiovvled�ed heAhe�slf of dse'C of Kent as to marr,and such acecubou m be execute the awwman for dro uses and purposes mertwted m the foregoing the free and valwwy act of such prty imtruntent , ,N,sr,&dAMe�yn>tt�71x.8�o Bd\7VP MSS tY1-I 3Wf-,I h:wc h=r uUo ad my bond and of wo-&I seal the day and year feat above wn#mt i i NOTAtiY pt1DLIC.m aad ter tba State of Wttshngtan residmg at W appomonauexpues I t I ADDE1 Ubt TWO TO LEASE AMERNWK-J tX.s,uwr0.a7o�) *CaY�XwnaedMxw+GlLt�U.C) i I r I — I t STATE Of WASHNGM ) cot N CF KINlts } I htxaby candy tbat w the S day of MA4 2093,I lmav ax have satisfactory evxIm"thrt�f}�t hYGar! is the perm who appeared before mek sM said pmm adm&Acdged dwholshe mined this m on oath mated that hw%* is atadwrtmd iP eioxme the mmW~as 6&W of Access cvwt manatment, LLC as its mho"rt6 "NMI% and much aoaWon to be the No mid whttdry act of such patty for the fifes and p apothem aamtiened in the foregomg utmomea I E f ; ��\\\\\\� -NhM)StlJaultywp lrWM7arr]r - � BOY,f haw herowrto sec my hand mad offiew seat the ray i :p p►OTAgy fic t �: � t7tt BlLTtr itit9�:•.`3.... ARYr aad r 11w Staoe of Washmgbon IP at \t�W my appMUMMt awir a i 5 I n i II A 1 ADMOUM TWO TO LLNM ACME ?AgM_4 t IaN.ea.Crry yrw aWAtcwftopNar,�nwrt ccC� (FiDraay�.tanrr i STATE OF WASHINGTON ) ss COUNTY OF KING ) I hereby certify that on the day of 2003, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of Access Golf Management, LLC 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 Must Appear Within This Box IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written NOTARY PUBLIC, to and for the State of Washington residing at My appointment expires v x,a en,eeue=eimnwswuua,nm�wnu..,nm.,,amr.o mo ADDENDUM TWO TO LEASE AGREEMENT-4 (February 4,2003) (between City ofKent andAecess Golj,Management, LLC)