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Home My WebLink AboutPK04-228 - Original - Kiel Mortgage, Inc. - Parking Lot Usage Agreement - 08/02/2004 COOPERATIVE PARKING AGREEMENT BETWEEN THE CITY OF KENT AND KIEL MORTGAGE,INC. This Cooperative Parking Agreement (hereinafter"Agreement") is made by and between the CITY OF KENT, a Washington municipal corporation (the "City") with offices located at 220 - 0'Avenue South, Kent, Washington 98032-5895 and, KIEL MORTGAGE, INC., ("Kiel Mortgage') with offices located at 203 Madison Avenue North, Kent, Washington 98032-5707. 1. Purpose. The purpose of this Agreement is to reduce to writing the understanding reached by the parties to share use of a parking lot that it will jointly serve the needs of both the City and Kiel Mortgage. 2. Property Description. The City owns Upland Playfield, located at 836 West Smith Street, Kent, Washington, which is located south of the property owned by Kiel Mortgage at 203 Madison Avenue North, Kent, Washington. Exhibit A depicting both properties is attached and incorporated by this reference. 3. Parking Lot Construction. In the summer of 2004, Kiel Mortgage shall build a thirty- two (32) parking stalls on its property (the "Parking Lot"). Kiel Mortgage shall design and construct the Parking Lot in accordance with the Kent City Code and all other applicable local, state and federal laws, rules, and regulations. Kiel Mortgage will pay all costs associated with the design,permitting, and construction of the Parking Lot. 4. Parking Lot Usage. Kiel Mortgage will be the primary user of the Parking Lot on Mondays through Fridays from 8:00 a.m. to 5:00 p.m., hereinafter"workdays". The City will be allowed use of the Parking Lot Mondays through Fridays from 5:00 p.m. to dusk, and Saturdays and Sundays from 8:00 a.m. to dusk. The City may use the Parking Lot during these times on a space available basis. Kiel Mortgage may use the Parking Lot for event purposes during times designated above for the City usage after providing written notice to the City per Section 12. of this Agreement. 5. Maintenance and Repairs. Kiel Mortgage shall be responsible for all cleaning, repair, and maintenance of the Parking Lot. 6. Signage. The City shall not post any signage on the Parking Lot. 7. Duration. This Agreement shall continue for twenty-five (25) years from the date of this Agreement with one option to renew by the City, for a second twenty-five (25) year term with the same covenants and conditions. Either party desiring to exercise this option shall provide the other party written notice prior to the termination of the initial twenty-five (25) year tern. 8. Indemnification. The City shall defend, indemnify, and hold Kiel Mortgage, its officers, officials, employees, agents, and volunteers (collectively, the "Kiel Parties") harmless from any and all liabilities, including claims, injuries, damages, or losses, including all legal costs and attorney fees, incurred by the Kiel Parties, arising out of or in connection with the exercise of the City's rights and obligations under this Agreement, except for injuries and damages caused by the negligence of the Kiel Parties. Cooperative Parking Agreement—Page 1 (July 30,2004) (between the City of Kent and Kiel Mortgage,Inc) Kiel Mortgage shall defend, indemnify and hold the City, its officers, officials, employees, agents, and volunteers (collectively, the "City Parties") harmless from any and all liabilities, including claims, injuries, damages, or losses, including all legal costs and attorney fees, incurred by the City Parties and arising out of or in connection with the exercise by Kiel Mortgage of its rights and obligations under this Agreement, except for injuries and damages caused by the negligence of the City Parties. 9. Designated Representatives. The parties to this Agreement may from time to time appoint or reappoint a representative to act for them in the management of this Agreement. However, pending such appointments, it is agreed that the Cg�wnt, 1441A(oA or his/her designee will represent Kiel Mortgage, and the Director of Parks, Recreation and Community Services or his/her designee will represent the City. It shall be the responsibility of these two representatives to address and resolve all issues that arise under this Agreement. 10. Non-Waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained in this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants and agreements, and the same shall be and remain in full force and effect. 11. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties' representatives are unable to settle any dispute, difference, or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim shall filing suit in King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, provided however, nothing in this paragraph shall be construed to limit either party's right to indemnification under Section 8 of this Agreement. 12. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless otherwise notified in writing. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be later specified in writing. 13. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 14. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Kiel Mortgage. Cooperative Parkmg Agreement—Page 2 (July 30,2004) (between the City of Kent and Kiel Mortgage,Inc) 15. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached, shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the last date signed below. CITY OF KENT: KIEL MORTGAGE,INC.: \Ag Z 7- jet4�" By: By:4;/a Print ame. John A HoUleation son Prmt Name: Danny Eulberg 61 Its: irect of Parks,Re & Its: General Manager Community Services Address: 220 Fourth Avenue S. Address: 20,7 4ilj- AV.27'H Kent Washington 98032 /< 14/4 Mo3:z Phone No. (253) 856-5100 Phone No. _ZS,�- 893- 7//f Fax No. (253) 8 6 OS Facsimile No. Z 5"?- 67a-6601 Dated.: Date: 713FI Zoo (Notary Acknowledgments Appear on Next Page) Cooperative Parkmg Agreement—Page 3 (July 30,2004) (between the City of Kent and Kiel Mortgage,Inc) STATE OF WASHINGTON ) ): ss. COUNTY OF KING ) I hereby certify that on the 3 day of 2004, I know or have satisfactory evidence that Danny Eulberg is the person who ap eared 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 KIEL MORTGAGE, INC., as its General Manager, 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- 60a06eativZ� 14lAlny IN OF, I have hereunto set my hand and official seal the day and year first abov 6 r....� , pll81.1�'' •c;�c � NOTARY PUBL C, in and for the State of Washington ••$•2 C residing at (dl& Og05 f WA ,de My appointment expires jla9/07 Cooperative Parkmg Agreement—Page 4 (July 30,2004) (between the 0ty of Kent and Kiel Mortgage,Inc) STATE OF WASHINGTON) ): ss. COUNTY OF KING ) I hereby certify that on the o[hd- day of S 4 2004, I know or have satisfactory evidence that 7Ygk n i4A44 S o yr Is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is "Vthorized to execute the instrument on behalf of the CITY OF KENT as its o:r 165 -D; r-ec-For , 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. mat t RY r NOTARY PUBLIC,in and for the State of Washington residing at -(Ce n-1 . 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