HomeMy WebLinkAboutLAG98-002 - Amendment - #2 - Urban Landmark Corporation (ULC) - Kent Valley Ice Arena Land Lease - 12/18/2003 117
When Recorded Return To.
Property Management 20031222002026
City of Kent PACEF0C N 0
AMNO 39.90
PAG
220 Fourth Avenue South I T
Kent,WA 98032 KNGCOUNY, UA
Document Name: ADDENDUM TWO TO THE LAND LEASE AGREEMENT /
FOR KENT VALLEY ICE ARENA
Grantor: City of Kent,a Washington municipal corporation
Grantee: Urban Landmark Corporation,a Washington corporation I r7
Reference No.: 20000419001213
Legal Description: That portion of Section 23,Township 22 North,Range 4 East,W M, in King County,Washington,
described as follows.
Commencing at the northeast corner of said Section 23, thence North 89°59'15" West along the
North line of said section 200190 feet to the northeast corner of the Frances Stewart Tract as
recorded under Auditor's File No 629612, thence South 00°39'38" West, 33 00 feet along the
easterly boundary of said tract to the true point of beginning, thence South 00°39'38"West along
said easterly boundary of the Frances Stewart Tract, 35101 feet to Point 'B", thence North
88°59'15"West,444 17 feet,thence North 00°39'38"East, 35101 feet to Point"A",thence South
88°59'15"East,444 17 feet to the true point of beginning (Alb known as Lot B,City of Kepi Lot
Line Adjustment#LL2000-5,King County Auditor's File No 2,0000412001699),
SUBJECT TO the following reservations in favor of the Cit�, -Con., ias not hf,
BX amineci u. t..r�
The easterly 25 00 feet of the above described property faHti{� f1t of J)ie City' f or iiig�eae and
egress and for maintenance of storm drainage facilities,and
The southerly 14 feet of the above described property to remain unobstructed from the ground to the
sky for the benefit of the City for ingress and egress for public safety purposes with necessary
appurtenances
TOGETHER WITH a 50 foot non-exclusive easement for ingress, egress and signage described as
follows
Beginning at aforementioned point "A", thence North 88'59'15" West, 5000 feet, thence South
00°39'38"West,38101 feet,thence south 88°59'15"East,50 00 feet,thence North 00°39'38"East,
38101 feet to Point"A"and the point of beginning
TOGETHER WITH a 30 foot non-exclusive easement for ingress, egress, storm drainage and
utilities to remain unobstructed from the ground to the sky subject to use by the City for ingress and
egress for public safety purposes with necessary appurtenances,described as follows
Beginning at aforementioned point "B", thence South 00°39'38" West, 30 00 feet, thence North
88°59'15"West,444 17 feet,thence North 00°39'38"East,30 00 feet,thence South 88°59'15"East,
444 17 feet to point"B"and the point of beginning
Assessor's Tax Parcel No.: 232204-9048-08
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SECOND ADDENDUM TO THE LAND LEASE (November 21, 2003)
AGREEMENT FOR KENT VALLEY ICE ARENA- l of 10
117
ADDENDUM TWO TO THE LAND LEASE AGREEMENT
FOR
KENT VALLEY ICE ARENA
SECOND ADDENDUM TO THE LAND LEASE AGREEMENT is made and
entered into by and between the CITY OF KENT, a Washington municipal corporation
(hereinafter "City"), and URBAN LANDMARK CORPORATION (hereinafter "ULC"), a
duly qualified Washington corporation in good standing, with offices located at 6015 S. 240tn
Street, Kent, Washington 98032.
RECITALS
WHEREAS, the City and ULC entered into a Land Lease Agreement fully executed
by the parties hereto on or about January 7, 1999, and a First Addendum to said Lease, on or
about April 24, 2000, said agreements are incorporated herein by reference and collectively
referred to as the "Lease Agreement," for ULC's leasing certain property owned by the City,
described below in Section A of this Addendum, for the purpose of building an ice skating
arena; and
WHEREAS, the City and ULC have agreed to add a no-build reservation on the south
side of Building A, described in the legal description set forth in Exhibit 2-A which amends
the legal description set forth in the Lease Agreement; and
WHEREAS, the City and ULC have agreed to expand the uses that are allowed on the
Property;
NOW THEREFORE, the parties agree as follows:
SECOND ADDENDUM TO THE LAND LEASE (November 21, 2003)
AGREEMENT FOR KENT VALLEY ICE ARENA-2 of 10
117
AGREEMENT
A. Section 1 of the Lease Agreement, as amended by the First Addendum to
Lease, is hereby amended to read as follows:
1. LEASED PREMISES. Subject to the following terms and conditions,
the City hereby leases to ULC, and ULC hereby leases from the City,
the following described premises (the "Property"), to wit:
Approximately 3.6 acres on the City parklands, commonly
known as the Russell Road Soccer Fields in Kent, Washington,
which is further described in Exhibit "2-A," and as shown on
Exhibit "2-B", attached hereto and incorporated herein by
reference as if fully set forth herein,
together with the following easements:
A) a 50-foot non-exclusive easement for ingress, egress, and
signage, located on the west boundary of the Property, as
further described in Exhibit 2-A; and
B) a 30-foot easement for ingress, egress, storm drainage, and
utilities located on the south boundary of the Property, to
remain unobstructed from the ground to the sky subject to
use by the City for ingress and egress for public safety
purposes with necessary appurtenances, as further
described in Exhibit"2-A."
Subject to the following reservations in favor of and for the
benefit of the City:
A) 25 feet of the Property located on the east boundary of the
Property for ingress and egress and for storm drainage
systems, as further described in Exhibit 2-A; and
B) 14 feet of the Property located on the south boundary of the
Property to remain unobstructed from the ground to the sky
for ingress and egress for public safety purposes with
necessary appurtenances, as further described in Exhibit 2-
A.
B. Section 5 of the Lease Agreement is amended to read as follows:
SECOND ADDENDUM TO THE LAND LEASE (November 21, 2003)
AGREEMENT FOR KENT VALLEY ICE ARENA- 3 of 10
r
5. PURPOSES FOR WHICH THE PREMISES MAY BE USED AND
OTHER RESTRICTIONS. ULC agrees that it will use and occupy
the Property primarily for the purpose of providing an ice skating
facility, indoor/outdoor cafe restaurant (including beer and wine sales),
batting cages, and related recreational amenities. Further references in
this Lease Agreement to the ice skating facility or facility shall be
construed to reference the ice skating facility, indoor/outdoor cafe,
batting cages, and related recreational amenities. The parties
acknowledge and agree that the development and operation of the ice
skating facility is a private/public partnership, and that ULC will
operate the leased premises for public recreation purposes. ULC
further agrees that neither it nor its successors or assigns shall use the
Property for any purpose whatsoever other than skating or activities
incident thereto without previously obtaining the express written
consent of the City or use the Property inconsistently with any zoning
regulations. ULC may provide for other compatible ancillary uses in
conjunction with an ice skating facility such as a restaurant, pro-shop,
video arcade, game room, in-line skating and other similar uses as long
as the premises is used primarily for an ice skating facility. In the event
ULC or its successors or assigns wish to use the Property for other
athletic, sports, or recreational activities as the primary use of the
facility, the City agrees it will consider allowing such use, so long as it
is consistent with other uses of Russell Road Park facilities and so long
as such proposed use is a legally permitted use within the zoning
district compliments and does not compete with existing City park use
or uses. Under these circumstances, the City shall not unreasonably
withhold consent for such athletic, sports, and recreational activities. In
the event ULC or its successors or assigns wish to use the Property for
any other purpose (other than for athletic, sports or recreational
activities), the City may withhold its consent to do so for any reason
whatsoever. Any change in use approved by the City shall not interfere
with the City's rights to the facility established in paragraph 3(A)(3).
C. Section 7A of the Lease Agreement is hereby amended to read follows:
7. MAINTENANCE. Recognizing that ULC agrees to maintain
the leased Property, including sidewalks and on-site parking
areas, ULC shall also agree to maintain the City parking lot 1
when ULC is the Primary User as defined in Section 9, in good
and presentable condition during the term of this Lease. ULC
also agrees to maintain the City parking lots 2,3, 413, 4C, 5, and
6 when ULC is the primary user and when those lots are used
for ice arena purposes. Maintenance of sidewalks and parking
SECOND ADDENDUM TO THE LAND LEASE (November 21, 2003)
AGREEMENT FOR KENT VALLEY ICE ARENA-4 of 10
117
lots shall include removal of litter and debris, and prompt ice
and snow removal. ULC agrees that at the expiration of the
term of this Lease or sooner termination thereof, it will quit and
surrender the leased Property in the same or better condition as
of completion of construction, reasonable wear and tear
excepted.
D. Section 8 of the Lease Agreement is hereby amended to read follows:
8. SIGNS. Recognizing that the development and operation of
the ice skating facility is a private/public partnership, all signs,
literature and advertising shall identify the facility as a public
recreation facility open to the public on land leased from the
City of Kent.
All signs or symbols placed by ULC in the exterior windows or
doors of the buildings upon the Property or upon or adjacent to
the exterior part of such buildings, including awnings, shall be
subject to zoning code requirements and the City's approval
which shall not be unreasonably withheld. Further, upon
expiration or termination of this Lease, if requested to do so,
ULC shall, at its own expense and without damage to the
Property or buildings thereon, remove all such signs and
symbols. Subject to permitting requirements, both parties
agree to cooperate with each other on the placement of
directional signs to the facility.
E. Section 9 of the Lease Agreement, as amended by the First Addendum to
Lease, is hereby amended to read as follows:
9. PARKING. Subject to permitting requirements, ULC shall
provide a minimum of forty (40) parking spaces for the ULC
parking lot on the property throughout the duration of this
Lease, said lot identified in the site plan set forth in Exhibit "1-
B" as "new parking" ("ULC parking lot") for skating activities
conducted on the Property. ULC shall maintain all parking
spaces on the Property in well-marked, signed, and otherwise
good condition. The City maintains a parking lot currently
consisting of approximately 488 parking spaces identified as
lots 1 (54 spaces), 2 (125 spaces), 3 (53 spaces) , 4A (41
spaces), 4B (34 spaces), 4C (83 spaces), 5 (15 spaces), and 6
(83 spaces) in the site plan set forth in Exhibit "2-13" as
SECOND ADDENDUM TO THE LAND LEASE (November 21, 2003)
AGREEMENT FOR KENT VALLEY ICE ARENA -5 of 10
F
"existing parking" ("City lots") for Russell Road Park softball
and other recreational activities, and Green River Trail access.
As part of its permitting for the facility, ULC is required to have
a total of 442 parking spaces for use of its facility.
Accordingly, during the term of this Lease, the City shall allow
ULC, for parking purposes in support of the authorized use of
the Property under this Lease, primary use of the City parking
lots 1, 2, 3, 413, 4C, 5, and 6 from October 1st through March
30 of each year. Primary use is defined as parking space
availability for a participant in the peak hours and seasons
during which the prevailing recreation activity (softball or
skating) occurs. The City shall have primary use of the City
lots 1, 2, 3, 4A, 4B, 4C, 5, and 6 for softball and other
recreational activities from April 1st through September 30th of
each year. Provided, however, for special events, primary use
by the City of the City Lots 2, 3, 4B, 4C, 5, and 6 shall preempt
ULC's use from October 1st through March 31" of each year.
Joint use of the City lots is beneficial to Lessee and Lessor.
Additionally, the City will allow ULC use, for parking purposes
and only in support of this authorized use of the Property under
this Lease, City lot 1, with approximately fifty-four(54)parking
spaces, situated immediately west of the ice skating facility as
set forth in Exhibit "2-13," on a first come first serve (overflow)
basis from April 0 through September 30th. During the term of
this Lease, the ULC shall allow the City joint use, for parking
purposes, on a first come first serve (overflow) basis the ULC
lot including any additional parking, if any, that may be
constructed on the Property by ULC in conjunction with
development of Building B or otherwise. During the period
from October 1 through March 31 of each year, the City may
request primary use of the City parking lot 1 for special events
of the City by providing ULC thirty (30) days prior written
notice of the event. Overflow parking, as opposed to primary
use parking, will be subject to the needs of the primary users of
each facility. Both parties agree to cooperate with each other to
allow for maximum use of both
lots in a manner that
parking
creates the minimum impacts to the primary users of each
party's facility and with the accommodation of City special
events during ULC use as primary user of the City parking lot.
F. Section 23 (C), (D), (E) (new section) and (F) (new section) of the Lease
Agreement is amended to read as follows:
SECOND ADDENDUM TO THE LAND LEASE (November 21, 2003)
AGREEMENT FOR KENT VALLEY ICE ARENA-6 of 10
117
23. RESTRICTIONS ON USE OF PROPERTY.
C. ULC shall not sell, advertise, or permit the selling or
advertising of tobacco products of any kind on the Property or
in the buildings thereon. ULC shall make reasonable efforts to
prohibit smoking on the Property and in the buildings thereon.
D. ULC shall be allowed to sell merchandise and
equipment on the Property related to its proper activities and
programs.
E. ULC shall be allowed to sell food and alcoholic
beverages (beer and wine), in the indoor/outdoor cafe
restaurant. Consumption of alcoholic beverages shall be
allowed in the indoor/outdoor cafe restaurant, or in areas
designated non-public. Nothing herein shall prevent ULC from
allowing private events on the Property or in the buildings
thereon, not open to the public, where alcohol is otherwise
served. ULC shall not advertise, or permit the advertising of,
alcoholic beverages of any kind on the Property or in the
buildings thereon, other than listing alcoholic beverages for sale
on menus and in promotional materials. The intent of this
prohibition is to disallow neon beer signs in windows, alcoholic
beverage advertising on dasher boards, and the like.
F. Any person under the influence of alcohol shall be
refused service; be denied access to the facility; and be denied
any privilege, use of facilities, or participation in activities on
the premises.
G. Section 25 of the Lease Agreement is amended to read as follows:
25. NON-DISCRIMINATION. No person shall be refused
service, be given discriminatory treatment or be denied any
privilege, use of facilities, or participation in activities on the
premises on account of race, color, creed, national origin,
religion, age, sex, marital status, or the presence of any
sensory, mental, or physical disability. ULC shall comply with
all applicable Federal and State laws, rules, and regulations
regarding civil rights and accessibility including, but not
limited to, Title VI of the Civil Rights Act and the Americans
with Disability Act.
SECOND ADDENDUM TO THE LAND LEASE (November 21, 2003)
AGREEMENT FOR KENT VALLEY ICE ARENA - 7 of 10
s
H. Remainder of Lease Agreement. Except to the extent amended by this
Addendum Two, all terms set forth in the Lease Agreement, and the Addendum One to said
Lease Agreement, executed by the parties, shall apply and remain in full force and effect.
IN WITNESS WHEREOF, the parties below have executed this Addendum Two to
Lease Agreement on the date fully executed below.
ULC: CITY:
URBAN LC ARK CORPORATION CITY OF KENT
Q4 Aa4-
By: LQXI nyjQ - By: Jim White
Its: P res%J&o{- Its: Mayor
DATE: Ntw, 25A., 2003 DATE: - /�-
(Notary Acknowledgements Appear on Next Page)
APPROVED AS TO FORM:
�= a - 4��
TOM BRUBAKER, City Attor
ATTEST:
BRENDA JACOBE City Clerk
SECOND ADDENDUM TO THE LAND LEASE (November 21, 2003)
AGREEMENT FOR KENT VALLEY ICE ARENA- 8 of 10
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I hereby certify that on the day of 003, 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 Must Appear Within This Box-
` 24
A.WtiftAP WHEREOF, I have hereunto set my hand and official seal the
day svde0%AiP%)1:written.
y rrl�•
�cc
'•M, N r►»aw NOTAP UB , in and for a State of Washington
residing a
My appointmeAt expires
STATE OF WASHINGTON )
: ss.
COUNTY OF KING )
I hereby certify that on 'd5 day of Ntp!�yA\sn�kr- , 2003, I know or have
satisfactory evidence that � Z� y Lr- 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 Urban Landmark Corporation as its
'Z" A. ')c , 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-
.l E
EREOF, I have hereunto set my hand and official seal the
da an ar first F a 'tten.
NOTggy N
cn
PUBLIC
7�� 9 r7.2pob 2
�� NOTARY P19BLIC, in and for the State of Washington
F WA5N�NG residing at
My appointment expires �-\�-
P\Civi]FILES\OpenFiles\0352UceArenaAddendumTwol 1 19 draft doc
SECOND ADDENDUM TO THE LAND LEASE (November 21, 2003)
AGREEMENT FOR KENT VALLEY ICE ARENA- 9 of 10
c 7
EXHIBIT 2-A l
LEGAL DESCRIPTION
That portion of Section 23, Township 22 North, Range 4 East, W.M., in King County,
Washington, described as follows:
Commencing at the northeast corner of said Section 23; thence North 89°59'15" West
along the North line of said section 2001.90 feet to the northeast corner of the Frances
Stewart Track as recorded under Auditor's File No. 629612; thence South 00039'38"
West, 33.00 feet along the easterly boundary of said tract to the true point of beginning;
thence South 00039'38" West along said easterly boundary of the Frances Stewart
Tract, 351.01 feet to Point "B"; thence North 88*59'15" West, 444.17 feet; thence North
00039'38" East, 351.01 feet to Point "A"; thence South 88°59'15" East, 441.17 feet to
the true point of beginning. (Also known as Lot B, City of Kent Lot Line Adjustment
#LL2000-5, King County Auditor's File No. 20000412001699).
SUBJECT TO the following reservations in favor of the City:
The easterly 25.00 feet of the above described property for the benefit of the City for
ingress and egress and for maintenance of storm drainage facilities; and
The southerly 14 feet of the above described property to remain unobstructed from the
ground to the sky for the benefit of the City for ingress and egress for public safety
purposes with necessary appurtenances.
TOGETHER WITH a 50 foot non-exclusive easement for ingress, egress and signage
described as follows:
Beginning at aforementioned point "A"; thence North 88059'15" West, 50.00 feet; thence
South 00039'38" West, 381.01 feet; thence south 88°59'15" East, 50.00 feet; thence
North 00039'38" East, 381.01 feet to Point "A" and the point of beginning.
TOGETHER WITH a 30 foot non-exclusive easement for ingress, egress, storm
drainage and utilities to remain unobstructed from the ground to the sky subject to use
by the City for ingress and egress for public safety purposes with necessary
appurtenances, described as follows:
Beginning at aforementioned point "B"; thence South 00039'38" West, 30.00 feet; thence
North 88"59'15" West, 444.17 feet; thence North 00039'38" East, 30.00 feet; thence
South 88059'15" East, 441.17 feet to point "B" and the point of beginning.
EXHIBIT 2-A
Kent Valley Ice Arena
Legal Description
SURVEY EXHIBIT 2—B
PORTION OR NE 1/4 SEC 23, TWP 22N. RGE 4 E. W.M.
i EGENi1
D04 SECTION 1/4 CORNER
N 1/4 CDR SECTION CORNER
MIC 20 BRASS
DISK WITH -Q� 1
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PUNCH p PROPERTY CORNER (NOT SET THIS SURVEY) DISK W/Y BRASS
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R W LINE "� in n
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INGRESS, EGRESS EASEMENT FOR INGRESS, fI
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Engineering Planning Surveyin
Penhallegon Associates Consulting Engineers, Inc. 156 0 $�
J STER
33309 1st Way South, Suite A-212 Federal Way, WA 98003 www.paceengrs com IA14D
PH: (253) 568-6500 1-800-441-5317 FAX: (253) 568-2800
Kirkland Seattle Federal Way Cie Elum Portland EXPIRES: 5-19-2002
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