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HomeMy WebLinkAboutPK05-104 - Other - Ammendment #1 - Northwest Media, L.P. - Hawley Road Parking Lots - 02/08/2005 ADDENDUM ONE TO THE COOPERATIVE PARKING AGREEMENT BETWEEN THE CITY OF KENT AND NORTHWEST MEDIA(Washington),L.P., dba KING COUNTY JOURNAL NEWSPAPERS This ADDENDUM ONE TO THE COOPERATIVE PARKING AGREEMENT is made and entered into by and between the CITY OF KENT, a Washington municipal corporation (hereinafter "City"), and NORTHWEST MEDIA (Washington), L.P. an Ohio Limited Partnership dba KING COUNTY JOURNAL NEWSPAPERS (hereinafter the "Journal"), with offices located at 600 Washington Avenue South, Kent, Washington 98032- 5707. WHEREAS, the City and the Journal entered into the Cooperative Parking Agreement Between the City of Kent and Northwest Media (Washington), L.P., dba King County Journal Newspapers (the "Cooperative Parking Agreement's on or about 'z'A4. z t , 2005, for the construction by the Journal of an eighteen(18) stall parking lot on certain property owned by the City; and WHEREAS, the City and the Journal have agreed to the following amendment to the Cooperative Parking Agreement; NOW THEREFORE, the parties agree as follows: A. Section 3 of the Cooperative Parking Agreement is hereby amended to read as follows: 3. PARIING LOT CONSTRUCION. A. Within 365 days of receiving final permit approval, the Journal shall build an eighteen (18) stall parking lot on the Riverwalk Park property (the "Parking Lot'), as depicted on attached Exhibit D and incorporated by this reference, as an addition to the Journal Parking Lot. Together the two parking lots shall be known as, and are referred to herein as, the "Hawley Road Parking Lots." The Journal 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. The Journal will pay all costs associated with the design, permitting, and construction of the Parking Lot. The City shall be the owner of Riverwalk Park and the Parking Lot. The Journal shall remain the owner of the Journal Parking Lot. The Journal shall not allow any liens to be filed against the Parking Lot, and if any liens are filed, the Journal shall have the same released within thirty(30) days,provided that the Journal may obtain a bond in accordance with Washington law in order to effect the release of any such lien. FIRST ADDENDUM TO THE (1/20/2005) COOPERATIVE PARKING AGREEMENT-Page 1 of 4 (between City of Kent and Northwest Media/King County Journal) B. At such time when the City constructs the public park on the undeveloped property directly south of the Journal, the City plans on expanding the Parking Lot to approximately 75 stalls. The proposed parking lot expansion project(the"Expanded Lot") shall require removal of 4 to5 stalls in the "Parking Lot" as shown by a dashed lines on Exhibit E, in order to accommodate the driveway and additional stalls. The expansion project may require temporary closure of the Parking Lot during construction. The City shall pay all costs associated with the design, permitting, and construction of the Expanded Lot. The City reserves the right to install a gate at the entrance to the Expanded Lot. B. Exhibits D of the Cooperative Parking Agreement shall be replaced with the attached Revised Exhibit D with pages marked as Al, C 1, C2, C3, C4, and Ll. C. Except to the extent amended by this Addendum One, all terms set forth in the Cooperative Parking Agreement shall apply and remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have executed this Addendum One to the Cooperative Parking Agreement on the date fully executed below. CITY OF KENT: NORTHWEST MEDIA(Washington)L.P: dba KING COUNTY JOURNAL NEWSPAPERS By: By:--� A . 4A l m White Peter A. Horvitz Its: Mayor Its: President and CEO City of Kent Horvitz Newspapers, Inc., an Ohio Corp. Dated: ,), -e-06 Date: L Iz.1 /&-C Address: 220 Fourth Avenue S. Address: 600 Washington Avenue South Kent, Washington 98032 Kent,Washington 98032-5707 Phone No. (253) 856-5100 Phone No. (253) 872-6600 Facsimile No. (253) 856-6050 Facsimile No. (253) 854-1006 (Notary Acknowledgements Appear on the Next Pages) APPROVED AS TO FORM: / k Q - l Kent Law Department FIRST ADDENDUM TO THE (1/20/2005) COOPERATIVE PARKING AGREEMENT-Page 2 of 4 (between City of Kent and Northwest Media/King County Journal) STATE OF WASHINGTON ) . ss. COUNTY OF KING ) I hereby certify that An a 21 day of , 2005, I know or have satisfactory evidence that C QJIr Q I(V 1 ft— 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 NORTHWE,R MEDIA (Wash_in�Ion) L.P. dba KING COUNTY JOURNAL NEWSPAPERS as its (�Q,1�(�QXIJ 4 (►gyp , 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 Withm Thu Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. = �;d�-ndaCe J Diu i n n NOTARY PU ui and for the State of Washington residing at +-UA&C L Cll t�" MY appointment expires FIRST ADDENDUM TO THE (1/20/2005) COOPERATIVE PARKING AGREEMENT-Page 3 of 4 (between City of Kent and Northwest Medta/King County Journal) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of , 2005, 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 Must AMear Within 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 P\Crvil\FILES1OP iles\0I05.2005\KngCwmyjo u iaBU t mPvkCoopPukAddaWum dw FIRST ADDENDUM TO THE (1/20/2005) COOPERATIVE PARKING AGREEMENT-Page 4 of 4 (between City of Kent and Northwest Media/King County Journal) EXHIBIT D Revised Plans and Specifications for the Parkin Sheets Al, Cl, C-, C3, C4 and Ll it I ULLIS STMET b i s © ? c • . 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