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L018-09 - Original - Public Golf Management, Inc. - Riverbend Clubhouse - 03/27/2000
CITY CLERK CITY OF KENT KEN T 220 4"Avenue South 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 1st of the month or year. Those agreements and amendments will be addressed through subsequent agreements and/or amendments, if any. Contract Number: L018-09 1. Responsible Department/Division: Parks/Admin 2. Contact Person and Title: Jeff Watling Telephone Extension: 5007 3. Tenant (Customer) Name: Public Golf Management, Inc 4. Tenant (Customer) Number: N/A - Pre JDE Accounts Receivable 5. General Ledger Account Number: 48006855.56250 Lease Agreement Cover Sheet—Page 1 of 4 6. King County Tax Parcel Number: 232204-9010 (partial) 7. Address of Parcel: 2019 West Meeker Street, Kent 8. Type of Lease: Lease Agreement - Commercial Building Rental 9. Council Authorization Date: February 1, 2000 10. Mayor Signature Date: March 27, 2000 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 in 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 in 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 4 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 $5,000.00 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 Excrse Tax Frequently Asked Questions and Answers (http://dor.wa.gov/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 natural gas, will be invoiced to the tenant through the central accounts receivable system (JD Edwards). Lease Agreement Cover Sheet—Page 3 of 4 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 (10" of the month) 23. Late Interest: 1% on the amount outstanding if not paid by the I' 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 10th 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). 3. Tenant is required to pay the City for telecommunication service provided to the Fire Creek Grill (Section 10). Lease Agreement Cover Sheet—Page 4 of 4 RIVERBEND 18-HOLE GOLF COURSE CLUBHOUSE LEASE AGREEMENT THIS LEASE AGREEMENT is made by and between the CITY OF KENT, hereinafter referred to as "City," and PUBLIC GOLF MANAGEMENT, INC., hereinafter referred to as "Lessee." SECTION 1. LEASE PREMISES. For and upon the conditions and provisions herein, the City hereby leases to the Lessee the restaurant lounge, kitchen, kitchen storage, office and related areas, an office and patios adjoining the restaurant facilities within the Riverbend 18-hole Golf Course Clubhouse ("Clubhouse") located at 2019 West Meeker Street, Kent, Washington. The areas leased are described in the floor plan, which is depicted in Exhibit "A" attached hereto and incorporated herein by this reference. Said leased areas are herein referred to as the"Premises." SECTION 2. USE OF PREMISES. The Lessee shall occupy, manage and operate the Premises as a lounge and restaurant facility and shall also be entitled to access to and use of the hallways and restrooms within the clubhouse for the benefit of its customers and employees. The City further grants the Lessee a concession to sell food and beverage from concession carts and from golf course barbecues on the 18-hole golf course and shall have the right to access to those facilities to operate vending machines, carts and other means of selling food and beverage, provided that the Lessee's operation does not interfere with regular operation of the golf course. Lessee shall have the right to sell a limited selection of merchandise on the premises as set forth in Exhibit "B," attached hereto and incorporated herein by this reference, and as further approved by the City of Kent Director of Parks and Recreation,hereinafter"Director.". SECTION 3. TERM. The term of this Agreement shall be for six (6) years commencing on March 1, 2000. At the end of that six year period of time, if Lessee has made all payments due to the City in full, and is not in breach of this lease, then the Lessee shall have the option of extending the term of this lease for an additional six year period of time, subject to the lease payment schedule set forth in Section 4 below and, further, subject to the City's review of financial records in order to confirm Lessee's ability to meet financial obligations under this Agreement. The Lessee shall give the City at least one hundred and eighty (180) days prior written notice of its intention to exercise this option. If at the end of the third year of the term of this Agreement the gross receipts of the Lessee from its operations on the Premises do not equal or exceed $900,000 for that year, then either party may terminate this Agreement by giving written notice to the other party within RIVERBEND 18-HOLE GOLF COURSE (Public Golf Management, Inc.—March 23.2000) CLUBHOUSE LEASE AGREEMENT- 1 ninety (90) days of the expiration of the third year of the term of this Agreement. The effective date of termination of the Agreement under this Section shall be sixty (60) days after the notice required hereunder is received by the party to whom it is directed. SECTION 4. LEASE CONSIDERATION AND PAYMENT. A. The Lessee shall provide to the City the following consideration: 1. Services to the public pursuant to the terms of this Agreement. 2. Capital improvements as outlined in Section 9(13). 3. Pay to the City the following: a. Years 1-6: 5.00% of gross 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. b. Years 7-12: 5.00% of gross revenue for all operations of Lessee, or $12.00 dollars per square feet of leased space, whichever is greater. C. Payment pursuant to A(3)(a) and (b) above shall be made monthly using the percentage of gross revenue as the basis for payment. At the end of the calendar year, City shall determine if Contractor is responsible to pay any amount to City necessary to meet the $12.00 per square foot minimum in the event the percentage of revenues did not meet or exceed the square footage minimum on an annualized basis. Payment is due by January 3l't of the following year. d. There shall be no lease payment due or owing during the first two (2)months during the lease following the opening of the remodeled facility as set forth in Exhibit «C RIVERBEND 18-HOLE GOLF COURSE (Public Golf Management, Inc —March 17,1000) CLUBHOUSE LEASE AGREEMENT-2 l e. Pursuant to Chapter 82.29A RCW, Lessee shall pay quarterly to the City, on the 15`h day of the month following the end of each quarter, the amount of state leasehold tax owing. The state leasehold tax, currently 12.84 %, will be based on the fair market value of the rent for the premises which is hereby established at $12.00 per square foot of leased space. The state leasehold tax owing will begin accruing on the beginning of the first full month following completion of the remodel of the premises for the restaurant contemplated to be developed herein. B. The term "Gross Receipts," as used herein, means all gross revenue received by the Lessee for the sale of food, beverage, merchandise, vending, and other goods, products, and services sold on the Premises. It includes all monies received by the Lessee for food, beverages and other products sold to patrons of the lounge and restaurant. However, the term "Gross Receipts" shall not include tips or charges for Washington State sales tax or other taxes imposed by any government imposed directly on the sale of goods or services to be charged to the consumer, although collected by the Lessee. "Gross receipts" also includes discount items receipted at the net transaction value after application of the discount. C. Lessee shall record all funds that are received in a Contractor owned or provided cash register containing a tape that records and identifies the date and amount of each transaction. Dated daily tapes (including Z tape) shall be submitted to the Finance Department on a monthly basis, by the 10`h of the following month, along with a written statement detailing gross and net receipts signed by the Lessee. D. Lessee shall make payment to the City for each calendar month of operation, said payment being due and payable no later than the tenth of the following month, accompanied by the above described Statement of Gross Receipts. All payments or reports to the City of Kent shall be paid or delivered to: City of Kent, Finance Department, 220 Fourth Avenue South, Kent, Washington 98032. E. If any payment specified herein is not paid to the City within ten (10) days after the date specified, a late charge of five percent (5%) of the payment due and unpaid shall be added to the ym a ent as a penalty, p and the total sum shall become immediately due and payable. Any amount remaining unpaid by the first day of the month following the due date for payment (i.e. approximately 20 days late)shall bear interest at the rate of one percent(1%)per month. RIVERBEND 18-HOLE GOLF COURSE (Public Golf Management, Inc —March 23,2000) CLUBHOUSE LEASE AGREEMENT-3 SECTION 5. CITY OBLIGATIONS. The City shall have the following obligations under this lease: A. Allow Lessee to maintain office space within the premises for operations and marketing activities. B. Provide and maintain heating and cooling equipment to the Premises in order to permit the Lessee to maintain temperatures within the Premises within a temperature range customary for the use of the Premises during its normal business hours. C. Provide all necessary utility services to the Premises. In doing so, the City will be allowed to maintain and utilize adequate space within the premises, such as utility rooms, etc., to provide said services. D. Maintain the clubhouse building, the parking lot, sidewalks and the grounds surrounding the clubhouse in good repair and attractive condition. City shall maintain golf course and golf equipment (carts, flag sticks, signage, etc.) to a standard at or above competing public golf courses. E. The City shall provide and maintain for the use of the Lessee, its patrons and employees, the parking lots on the golf course property, which shall be used in common with patrons of the golf course. To the extent reasonably necessary, the City shall endeavor to remove accumulations of snow and ice from the parking lot and from sidewalks leading to the clubhouse. F. City shall provide twenty (20) limited time parking city stalls in a location, as defined by the Director, adjacent to the restaurant. G. City shall provide Lessee coupons for one hundred (100) rounds of golf annually at the 18-hole golf course for incentive and marketing purposes. Coupons may be redeemed for golf privileges only. SECTION 6. LESSEE'S OPERATIONAL OBLIGATIONS. Lessee shall perform the following tasks: A. Provide janitorial service for the clubhouse common areas, including restrooms, golf pro office and golf course manager, the lounge, restaurant, marketing office, kitchen, patio areas, dumpster area, and other premises facilities under Lessee's control pursuant to this Lease. City shall reimburse Lessee 20% of the cost of janitorial services, subject to the City's approval of the janitorial services contract. Contractor shall provide City with a monthly statement for these services. RIVERBEND 18-HOLE GOLF COURSE (Public GoljManagement, Inc —March 23,2000) CLUBHOUSE LEASE AGREEMENT-4 B. Pay for all utilities associated with the leased premises as set forth in Section 10 below. C. Provide all reservation activities associated with the restaurant facilities and coordinate with the golf course management to ensure that major events provided by either party do not unreasonably interfere with the other party's operations. D. For all restaurant equipment, the Lessee will perform normal and periodic maintenance and repairs. E. Prepare and vigorously pursue the application and assume full responsibility for all costs and expenses of obtaining a Class "H" Liquor License issued by the Washington State Liquor Control Board to cover the lounge and the entire golf course. The City will consider approving extending the Class "H" Liquor License to cover the entire course upon adoption of appropriate standards and subject to the Washington State Liquor Control Board licquor license rules and regulations.Lessee shall abide by the rules and regulations of the Liquor Control Board relative to any such license, shall maintain a current valid liquor license, and shall provide a copy of the same to the Board at least annually or more often at the Board's request. The City shall execute any reasonably, appropriate instrument as owner of the Leased Premises that may be required in conjunction with such application. F. Maintain hours of operation for the restaurant, at a minimum, consistent with the hours of the Pro Shop; provided, the restaurant may be closed during such times as the golf course is closed or not being used because of snow, inclement weather, or any other reason. G. Provide necessary advertising to publicize the restaurant and lounge facilities and to establish an advertising program acceptable to, and approved by, the Parks and Recreation Department. However, the City shall not unreasonably withhold its approval of an advertising program proposed by the Lessee. H. Provide a food and beverage cart on the 18-hole golf course for mutually agreed upon hours, except when the golf course is closed or not being used due to snow or inclement weather, and other events beyond the control of Contractor. I. Provide a forty percent (40%) discount for food and beverage at the 18-hole golf course to all City employees and Lessee's employees who work at the Riverbend Golf Complex. Said discount shall only apply during the employee's work shift. J. Provide for sale food, beverage, and merchandise packages for tournament and special events. The selection of items in said merchandise packages shall be approved by the Director. RIVERBEND 18-HOLE GOLF COURSE (Pubhc Golf Management, Inc —March 23,2000) CLUBHOUSE LEASE AGREEMENT-5 K. Honor any gift certificates provided to the public by the City for food,beverage, or merchandise as agreed upon by both parties. City shall provide reimbursement for certificates upon terms and conditions as agreed upon by both parties. SECTION 7. LESSEE'S STAFF. The Lessee shall employ competent, courteous, and efficient staff in numbers to adequately serve its patrons. All Lessee staff members shall, while on duty, be equipped with any apparatus or clothing that may be required by law, ordinance, or regulation. An experienced on-site manager shall be selected and designated as the Lessee's authorized representative who shall oversee all of its operations on the Premises and transmit and receive communications to and from the City. SECTION 8. SIGNAGE A. All graphics placed upon or affixed to any of the Premises shall be subject to the prior written approval of the City or its representative, which approval shall not be unreasonably withheld. The Lessee will follow all City sign codes. The Lessee shall submit detailed Plans and secure any needed permits/approvals for all exterior and interior signs. B. Lessee agrees to review restaurant names with Director. SECTION 9. CAPITAL IMPROVEMENTS/REMODELING A. Generally. 1. After completion of remodel of the Premises by the Lessee pursuant to the plans, Lessee shall,prior to commencing any alteration, improvement, or construction, submit to the City in writing,plans for alterations, improvements, and construction along with a breakdown of costs for such improvements. 2. All plans submitted are subject to the approval of the City or its representative prior to commencement of any alteration, improvement or construction. The City agrees to promptly review said plans, and if the alteration, improvement, and construction is acceptable, to promptly approve the same, and the plans as approved shall be attached to an executed copy of this Agreement and incorporated herein. 3. All work performed shall be done to the satisfaction of the City or its representative and shall be carried out in a manner that minimizes impact upon the use of the park by the public. Lessee shall be responsible for obtaining all governmental permits, for RIVERBEND 18-HOLE GOLF COURSE (Public Golf Management, Inc —March 23,2000) CLUBHOUSE LEASE AGREEMENT-6 meeting all code requirements, and shall submit copies of the same to the City or its representative prior to commencing any construction on the Premises. 4. The City or its representative may conduct inspections of any capital improvement work at any time to assure itself that such work is in accordance with the plans approved by the City. In the event any such work is not according to plans as then approved by the City, the City or its representative shall send a Notice of Non-Compliance to the Lessee. In the event the Lessee fails to make corrections within twenty(20) days after the Lessee's receipt of such Notice of Non-Compliance, the Department may make whatever corrections are necessary to bring such work into compliance with the plans as approved and shall charge the Lessee for all costs of such corrective work. 5. Lessee shall, prior to commencement of any construction work, provide payment and performance bond(s) in a form(s) approved by the City Attorney, payable to the City in the full and just value of such capital improvements, conditioned that all provisions of this Agreement relating to capital improvements shall be faithfully performed by the Lessee, or the surety, if required. 6. Lessee shall furnish the City with a complete set of reproducible "24 x 36" mylar drawings reflecting the final "as-built" condition of all capital improvements within thirty (30) days after completion of the construction. Lessee shall famish to the City copies of all operating manuals, equipment brochures, paint schedules and material brochures for such improvements. 7. Lessee will use recycled products whenever possible. 8. All alterations, capital improvements, and construction shall be constructed and installed solely at the Lessee's expense, unless the City expressly agrees in writing to contribute toward the costs thereof. Except as set forth in section 20(E), all such alterations and capital improvements by Lessee shall become and remain the property of the City. All equipment, fixtures, and furnishings installed by Lessee will be maintained and repaired by Lessee. B. Initial Capital Improvements for Remodeling the Premises. 1. Lessee shall remodel the clubhouse Premises in accordance with the contract plans and specifications prepared by Will Harris Architects as approved by the City subject to change orders mutually agreed upon by the city and the Lessee as set forth in Exhibit "C." Lessee shall contribute a minimum of THREE HUNDRED THOUSAND AND N0/100 DOLLARS ($300,000.00) towards this remodel. Lessee shall pay for any net increase of construction cost of the Premises resulting from changes in the plans requested by the Lessee. Before proceeding with any change in the plans requested by the Lessee, the Lessee shall provide the City with a copy of the Lessee's proposed change order setting forth the changes to the plans and the increase or decrease in construction cost generated by the change and shall obtain the RIVERBEND 18-HOLE GOLF COURSE (Public GoirManagement. Inc —March 23,2000) CLUBHOUSE LEASE AGREEMENT-7 City's approval of the change order before executing the same and directing that the change be made. 2. The City will contribute $150,000 for facility design, temporary construction operation facilities, signs, pre-opening golf facility promotion, and miscellaneous equipment and furnishings. The disbursement schedule for these funds is set forth in Exhibit «D „ 3. Lessee shall coordinate and pay for entry signs and other signs the Lessee elects to install which are mutually agreeable to the City. City shall contribute $2,000 towards improvements to reader board located on Meeker Street. 4. Lessee shall provide adequate office and golf counter service space in the premises during initial capital improvement construction in a location and layout as agreed upon by the parties. SECTION 10. UTILITIES. Except as otherwise noted in this section, Lessee shall pay seventy-five percent (75%) and the City twenty-five percent (25%) of all utilities associated with the operation of the Premises. The Lessee shall install and maintain a private telephone to serve the Premises or, at Lessee's option, Lessee may lease from the City the City's telephone system on terms agreeable to both parties. The City may decide to install secondary metering for electricity. The City shall pay for electricity to the Premises prior to completion of the remodel contemplated herein. After installation of the secondary metering, Lessee shall pay for all electricity used on the Premises for areas on the Premises under the control of Lessee pursuant to this Agreement. In the event that a secondary metering system is not installed, the Lessee shall pay seventy-five percent (75%) of all electricity costs and the City shall pay twenty-five percent(25%) of all electricity costs associated with the 18-hole clubhouse structure and attached facilities. SECTION 11. TAXES/FEES The Lessee shall promptly pay all taxes and fees for its operations to the appropriate collecting agencies. All such taxes and fees shall be paid, before delinquent, all fees, charges, and costs arising out of the Lessee's use and occupancy of the Premises including, but not limited to, charges imposed for governmental inspections or examinations, license and excise fees, sales tax, taxes on personal property of the Lessee and on the leasehold interest (leasehold tax) created by this Agreement, and any other taxes imposed by governmental agencies pertaining to Lessee's operations under this Agreement. SECTION 12. NON-DISCRIMINATION. Lessee shall conduct its business in a manner which assures fair, equal and non-discriminatory treatment at all times in all respects to all persons without regard to race, RIVERBEND 18-HOLE GOLF COURSE (Public GoljManagement. Inc —March 13,1000) CLUBHOUSE LEASE AGREEMENT-8 color, religion, sex, age or national origin. 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, religion, sex, age or national origin. Failure to comply with any of the terms of this provision shall be a material breach of this Agreement. Lessee shall comply with all applicable Federal, State, County, and City laws, ordinances, rules and regulations regarding non-discrimination in employment, the provision of services to the public in a non-discriminatory manner. The Lessee shall be responsible for complying with the ADA with respect to any improvements installed by the Lessee, the placement of f imiture and furnishings, and the Lessee's operations. SECTION 13. INSURANCE. During the term of this Agreement and any extension thereof, the City shall maintain an insurance policy on the clubhouse building in the amount of the replacement cost of the clubhouse building, including the Premises; restrooms; and hallways, for damage from fire; earthquake; and other perils. Said insurance policy shall also insure the replacement value of the equipment provided by the City pursuant to this Agreement. The Lessee shall reimburse the City for any increase in premiums charged to the City for such fire and hazard insurance policy resulting from Lessee's operations on the premises. The proceeds on a claim against said insurance policy for damage to the clubhouse building, Premises, or personal property provided by the City shall be used to repair damage to the clubhouse building and the Premises and to repair or replace any damaged personal property provided by the City. The Lessee shall be responsible for maintaining its own fire and hazard insurance on Lessee owned personal property and leasehold improvements placed within the Premises by the Lessee. The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Lessee, its agents, representatives, employees or subcontractors. The Lessee shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury,bodily injury and property damage. Coverage shall include but not be limited RIVERBEND 18-HOLE GOLF COURSE (Public Golf Management, Inc —March 23,2000) CLUBHOUSE LEASE AGREEMENT-9 to: blanket contractual; products/completed operations; broad form property damage; premise operations; and employer's liability. Any payment of deductible or self-insured retention shall be the sole responsibility of the Lessee. The City shall be named as an additional insured on the insurance policy, with respect to work performed by, or on behalf of, the Lessee, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Lessee's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit brought, except with respects to the limits of the insurer's liability. The Lessee's insurance shall be the primary insurance with respect to the City, and the City shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage. SECTION 14. INDEMNIFICATION/HOLD HARMLESS The Lessee shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Lessee and the City, its officers, officials, employees, and volunteers, the Lessee's liability hereunder shall be only to the extent of the Lessee's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Lessee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. SECTION 15. MUTUAL RELEASE AND WAIVER The Lessee and City shall not assign to any insurance company any right or cause of action for damages which the parties now have or may subsequently acquire against the other party during the term of this Agreement and shall waive all rights or subrogation for such damage. RIVERBEND 18-HOLE GOLF COURSE (Public Golf Management, Inc —March 23,2000) CLUBHOUSE LEASE AGREEMENT- 10 SECTION 16. STANDARDS Lessee recognizes that although it is operating its facilities as an independent operator for profit,the City is organized and exists for the purpose of maintaining park and recreation facilities for the use and enjoyment of the general public. The Lessee, its agents and employees, will devote their efforts toward rendering courteous service to the public as though they were employees of the City, with a view of adding to the enjoyment of the patrons of this recreational facility. Lessee shall operate and conduct the facilities in the Premises in a clean, safe, and businesslike manner, and will not permit any illegal acts or conduct on the part of the Lessee's employees which would be detrimental to the City's operation of the Riverbend Golf Course Complex. SECTION 17. CONTINUOUS OPERATION. Lessee shall keep the Premises open and use them to transact business with the public on a continuous basis at a minimum during the same hours as the golf facility, unless otherwise agreed. Subject to the prior written approval of the City, the Lessee may close the Premises, or any portion thereof, for a reasonable period for repairs or remodeling, for taking inventory, or to accommodate the construction by the City of public improvements; provided, that a written notice of such impending closure is posted in a conspicuous place on the Premises for at least one week immediately prior to the closure date. To the extent possible, the Lessee will provide minimal food and beverage service in a temporary portable facility approved by the Director in instances when any remodel by the City or the Lessee causes the food and beverage services in the premises to be fully closed. Lessee may close the Premises or any portion thereof in an emergency without the approval of the City. The City shall reimburse Lessee's costs of any temporary portable facility installed as a result of City initiated remodels, subject to prior approval by the City of the portable facility and its costs. The golf course facilities shall remain open for play unless they are closed as a result of causes beyond the control, fault, or negligence of the parties. Such causes may include, without limitation, acts of God or public enemy; acts of the federal, state, or local governments; fires; floods; epidemics; volcanic eruptions; quarantine restrictions; strikes; freight embargoes; court orders; unusually severe or inclement weather or other condition that causes all or a portion of the Golf Complex facilities to be closed for extended periods of time; or similar condition which results in a situation where the golf course is unsatisfactory for play, or if damage to the course and facilities is likely if it remained open. Should either the City or the Contractor fail to perform because of a cause described in this subsection, the City and the Contractor shall make a mutually acceptable revision in the SCOPE OF SERVICES and COMPENSATION provided for in this Contract, including termination of the Agreement if the Golf Complex is deemed unusable by the City as a result of major damage or destruction and the City elects not to rebuild the same. RIVERBEND 18-HOLE GOLF COURSE (Public Golf Management, Inc —March 13,2000) CLUBHOUSE LEASE AGREEMENT- 11 The City shall incur no liability to Lessee for loss revenue or other additional compensation as a result of any closure of all or a portion of the golf complex facilities as set forth in this subsection. In the event that City determines that it is necessary to close all or a portion of the golf complex facilities due to regular maintenance, repair, or capital improvements, the City shall coordinate such closing with the Contractor prior to actual closing. Contractor shall comply with the Director's decision to close all or part of the course and facilities. Rent will be abated on a pro-rata basis for any closure initiated by the City of seven (7) or more consecutive days. In the event the City closes for the premises, the City will use its best efforts to minimize the impacts to Lessee's operations. SECTION 18. COMPLIANCE WITH LAWS. Lessee shall comply with all applicable Federal or State laws and City ordinances and with applicable Federal, State, City and local directions,rules and regulations. SECTION 19. DAMAGE TO PREMISES. In the event the Premises or the clubhouse building is damaged by fire, flood, earthquake, act of war or other casualty, the City shall promptly repair the same; provided, that if the peril causing the damage is not covered by insurance on the building and Premises maintained by the City, then the City may terminate this Agreement by giving written notice to the Lessee within 30 days of the date of the damage. If the damages significantly interfere with the operation of the restaurant, the Lessee's obligation to make payments to the City shall abate until the repairs are completed and the term of this Agreement shall be extended by the number of days equal to the duration of time from the date of the damage to the date of completion of the repairs. SECTION 20. SURRENDER OF PREMISES AND REMOVAL OF LESSEE'S PROPERTY. A. Upon termination or expiration of this Agreement, the Lessee shall surrender the Premises to the City and promptly surrender and deliver to the City all keys that it may have to any and all parts of the Premises. B. The Premises shall be surrendered to the City in as good a condition as at the date of execution of this Agreement, except for the effects of reasonable wear and tear, alterations, and repairs made with concurrence of the City, and property damage by fire and other perils insured in contracts or policies of all risk insurance. C. Prior to the expiration of the term of this Agreement, Lessee shall remove from the Premises, at its sole expense, all equipment, furnishings, and other personal property owned and placed in or on the Premises by the Lessee. RIVERBEND 18-HOLE GOLF COURSE (Public Golf Management, Inc —March 23,2000) CLUBHOUSE LEASE AGREEMENT- 12 D. All City purchased and owned equipment and furnishings, as set forth in Section 9(B), and any such equipment and furnishings situated within the premises subsequently purchased and owned by the City shall remain City property and be left on the premises. E. In the event that after termination or expiration* of this Agreement, the City shall have the right-of-first refusal to purchase equipment and fixtures installed at Lessees cost. In the event the City elects not to exercise this right, Lessee may sell the equipment and fixtures to an assignee approved by the City pursuant to Section 27. If neither event occurs, Lessee may remove the equipment and fixtures leaving the Premises and city owned equipment in operating and useable condition. Except for Lessee installed equipment and fixtures, all alterations and capital improvements to the Premises shall become and remain the property of the City. In the event the Lessee has not removed its equipment and fixtures within the time allowed, the City may, but need not, remove said personal property and hold it for the owners thereof, or place the same in storage, all at the expense and risk of the owners thereof, and the Lessee shall reimburse the City for any expense incurred by the City in connection with such removal and storage. The City shall have the right to sell such stored property, without notice to Lessee, after it has been stored for a period of thirty(30) days or more, the proceeds of such sale to be applied first to the cost of sale, second to the payment of the charges for storage, and third to the payment of any other amounts which may then be due from Lessee to the City and the balance, if any, shall be paid to the Lessee. * Upon the expiration of the term(s) of this Lease, the following equipment, furnishings, and fixtures installed by Lessee shall become the property of the City: walk-in freezer; walk-in refrigerator; free-standing fireplace; kitchen exhaust hood, fans, fire suppressor system, and make-up air unit(s); and the pro-shop (golf control) counter and furnishings. SECTION 21. LIENS AND ENCUMBRANCES. Lessee shall keep the Premises free and clear of any liens and encumbrances arising or growing out of its use and occupancy of the Premises. At the City's request, Lessee shall furnish the City written proof of payment of any item which would or might constitute the basis for such a lien on the Premises if not paid. SECTION 22 ENTRY. The City's representative may enter the Premises during normal operating hours for the purpose of inspecting, servicing, and/or repairing the Premises, systems, and equipment for which the City is responsible for under this Agreement, except in the case of emergency, but this right shall impose no obligation upon the City to make inspections to ascertain the condition of the Premises in addition to the City's responsibility to conduct annual inspections. RIVER13END 18-HOLE GOLF COURSE (Public Golf Management, Inc —March 23,2000) CLUBHOUSE LEASE AGREEMENT- 13 SECTION 23. ACCESS TO BOOKS AND RECORDS; CASH RECEIPTS. The City and the Washington State Auditor, through their representatives, shall have the right at reasonable times to examine, inspect, and audit books and records of the Lessee bearing upon, or connected with, the business conducted upon the Premises to determine compliance with the provisions of this Agreement. Lessee shall record all sales in a type of cash register that contains a tape that records and identifies the date, type of sale, and the amount of each transaction; that is equipped with a cumulative, non-alterable accounting control mechanism, and that is subject to approval by the City's Finance Department. Lessee will either submit a copy of its previous years annual report by March 3 1" of each year to demonstrate its financial solvency or submit a Certificate of Solvency by a certified public accountant to demonstrate Lessee's ability to maintain operations under this Agreement. SECTION 24. APPROVAL OF MENUS AND PRICING Final menus and pricing at current market prices will be established with the Director's approval after this Lease Agreement has been executed and prior to opening the facilities. Once established, the Lessee may not change the items on the menu more than twenty-five percent (25%) or the prices more than an average of ten percent (10%) without the written approval of the Director. SECTION 25. DELIVERIES. All Lessee's deliveries made to the premises are restricted to areas designated by the Director in order to minimize the impact to the golfers. SECTION 26. BREACH A. In the event that either party claims that the other is in a breach of any of the provisions of this Agreement, notice of the breach shall be submitted to the party alleged to be in breach and the party in breach shall have thirty(30) days from receipt of the notice within which to correct any activity or conduct claimed by the other to have constituted a breach of this Agreement. B. In the event that the party in breach shall fail to correct the activity claimed to constitute a breach of this Agreement within thirty days of receipt of the notice of breach, the party claiming breach may: 1. Issue a notice of termination; and/or 2. Seek judicial remedy or specific performance; and/or 3. Pursue any other remedy available at law or equity. RIVERBEND 18-HOLE GOLF COURSE (Public Gol(Managemenl, Inc —March 23,2000) CLUBHOUSE LEASE AGREEMENT- 14 C. Upon receipt of notice of termination by Lessee, which is issued by the City, the City shall have the right to: 1. Enter and take possession of the Premises as set forth in Section 20 above; and/or 2. Bring suit for and collect all fees and portions of gross revenue or any other monies required to be paid to the City which shall have accrued to the time of termination of the Lessee's rights. D. Upon written notice of termination by the City, Lessee will have twenty(20) days to vacate the Premises, unless Lessee has abandoned the Premises, in which case the City may take immediate possession of the Premises. Termination shall be effected by serving a Notice of Termination by certified mail (return receipt requested) or by personal delivery on the Lessee setting forth the manner in which the Lessee is in default. E. Interruption of the use of the Golf Complex facility due to closure by the City, as set forth in Section 17, shall not constitute a breach. F. Examples of a breach by the Lessee which warrants termination of this Agreement, if not cured, shall include but not be limited to: 1. Non-payment of lease payment when due. 2. Lessee makes any general assignment or general arrangement for the benefit of creditors or the filing by or against Lessee of a petition to have Lessee adjudicated as bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days) or the appointment of a trustee or a receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Agreement, where possession is not restored to Lessee within thirty (30) days or the attachment, execution, or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessees interest in this Agreement where such seizure is not discharged within thirty(30)days. 3. Lessee assigns all or part of its interest in this Agreement without prior written consent of the City pursuant to Section 27 below. 4. Nonpayment of outstanding current liabilities within ninety (90) days and failure to pay Federal, State, and local taxes and license fees when due. RIVERBEND 18-HOLE GOLF COURSE (Public Goll(Management, Inc -March 23,2000) CLUBHOUSE LEASE AGREEMENT- 15 i • SECTION 27. ASSIGNMENT. Lessee shall not voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate, or encumber this Agreement, or any interest therein, and shall not subcontract the obligations under this Agreement, or any part thereof, or allow any person (employees, agents, servants, and invitees of Lessee excepted)to use the Premises, or any portion thereof,without the prior written consent of the City. Any such assignment, subcontracting or use without compliance with the terms of this paragraph shall be void and shall constitute a default under the terms of this Agreement. If Lessee is a corporation, any transfer of this Agreement from Lessee by merger, consolidation, or liquidation, or any change in the ownership or power to vote in a majority of the outstanding voting stock of Lessee shall constitute an assignment for purposes of this paragraph. Any consent to one assignment, subcontracting, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subcontracting, or use by another person. Consent to any such assignment, subcontracting or use shall in no way relieve Lessee of any liability under this Agreement. Assignment by Lessee to a financial institution holding a security interest in this Agreement shall not be considered a violation of the consent requirements of this Agreement. Consent for any subsequent assignment by said financial institution to another Lessee will not be unreasonably withheld, however, any assignee must have experience and be knowledgeable in food and beverage operations. Lessee shall not assign or transfer this Agreement nor otherwise convey any right or privilege granted hereunder or any part of the Premises, unless the written consent of the City be first obtained, which consent shall not be unreasonably withheld. Neither this Agreement, nor any right, privilege or interest therein or thereunder, shall be transferable by operation of law or by any process or proceeding of any court. SECTION 28. MODIFICATION. The parties hereto reserve the right to amend this Agreement from time to time as may be mutually agreed.No amendment hereto shall be effective unless written and signed by authorized representatives of the parties hereto. SECTION 29. PAYMENTS TO VENDORS. The Lessee shall pay timely all suppliers and contractors providing services, materials or equipment for carrying out its obligations under this Agreement. The Lessee shall not take or fail to take any action in a manner that causes the City or any materials that the Lessee hereunder to be subject to any claim or lien of any person without the City's prior written consent. RIVERBEND 18-HOLE GOLF COURSE (Public GolfManagemenl, Inc —March 13,1000) CLUBHOUSE LEASE AGREEMENT- 16 SECTION 30. CONFIDENTIALITY OF RECORDS. The City will, to the extent allowed by law, keep all of Lessee's financial cost information confidential, unless required to disclose the information as a result of the Washington Public Records Disclosure law, Ch. 42.17 RCW or by court order. SECTION 31. SEVERABILITY. In the event any one or more of these agreements and covenants are held invalid by a court of competent jurisdiction, they shall be severed and this Agreement shall not be voided in its entirety. This Agreement shall then be interpreted as if such invalid agreements and covenants were not contained herein. SECTION 32. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between parties. IN WITNESS WHEREOF, the City has caused this Agreement to be executed by its proper officers duly authorized this day of 2000, and the Lessee has hereunto set its hand. LESSEE: CITY: PUBLIC GOLF MANAGEMENT,INC. CITY OF KENT B . By: Name• Title: TzjeS Titl . Date: Date: 3 ,O6 APPROVED AS TO FORM: R GG R A. LUBOVICH �! CITY ATTORNEY e Na"MLEswpmFdoDee3\eubwcr oiatpmu.ewAg�t-Eo,i au« RIVERBEND 18-HOLE GOLF COURSE (Public Golf Management, Inc —March 23,2000) CLUBHOUSE LEASE AGREEMENT- 17 EXHIBIT A T r O O A '4 r D Z i i o r RIVERBEND CLUBHOUSE EXISTING CONDITIONS 2019 W.MEEKER KILN 1,WA 9 0 EXHIBIT RIVERBEND RETAIL MERCHANDISE* MAIN CLUBHOUSE NEVADA BOB'S P.G.M. INC. Golf Balls Non Golf Shoes Golf Tees Hats (logo and non-logo - no golf logo) Golf Gloves Rain Gear Golf Towels Belts Tools (greens and shores) Apparel Luggage Watches Socks Cigars Cigar Paraphernalia Jewelry Non Golf Accessories Etc. PAR 3 COURSE NEVADA BOB'S P.G.M. INC. No Retail Merchandise All retail merchandise except golf hard goods (i.e. clubs, bags, pull carts, golf shoes) DRIVING RANGE NEVADA BOB'S P.G.M. INC. All Non Food Related Retail Food Related Retail *The initial listing of approved merchandise granted to sell by P.G.M. Inc. is noted below. This is a partial list and does not include new product lines. ■ Riverbend logo'd hats, apparel, accessories, except golf balls ■ Cutter and Buck ■ Tommy Bahama ■ Tehama ■ Dokers ■ Straight Down ■ Sunice ■ Callaway ■ Raymond Floyd ■ Johnson & Murphy ■ Weatherproof yy _ EXHIBIT -4 . �_•3•-fit 1•_•S-6.�•1._. 1'r-0' T-1 1_ 7_t, T-t• f- � 1 i 1 1• , b , a 'O v �3p# L3 0 -- ' D I I O • INPliii 00 ae e—r r-. ----------------- a PV \" r T 1 V !I • y •�y�� / !! \ Y\ ♦5 Ylr �{l 6 C O �\ l p IIII FL_ Nil p 711 � Q s • " >< 1 - � 4 � Q w w 0 a 1t'-6• t'-6• 1Y-Y EXHIBIT Riverbend Golf Complex Clubhouse Lease Agreement Section 9 B 2 (Disbursement) The City of Kent shall disperse the $150,000 in the following manner: 1) Forty thousand dollars ($40,000)within 5 days of full execution of the Clubhouse Lease Agreement. 2) Forty thousand dollars and no/100 ($40,000) within 5 days of leasee receiving applicable building permits for the lease improvements. 3) Forty thousand dollars and no/100 ($40,000) 14 days following the beginning of renovations at the restaurant. 4) Thirty thousand dollars and no/100 ($30,000) within 5 days of occupancy of remodeled restaurant, lounge and offices. go1flPGM Letter of Agreement&Clubhouse Lease 03MOO WHEN RECORDED MAIL TO: Towne Bank 17530 132nd Ave P.O.Box 645 Woodinville,WA 98072 LANDLORD'S CONSENT (WITHOUT ASSIGNMENT OF LEASE) THIS LANDLORD'S CONSENT is entered Into among Public Golf Management.Inc. ("Borrower"), whose address is 2019 West Meeker Street.Kent.WA 98032 ;Towne Bank("Lender"),whose address Is 17530-132nd Avenue,P.O. Box 645,Woodinville,WA 98072; and City of Kent ("Landlord"),whose address Is !LZp ( � � So- !M (A.AA- cj�^7. Borrower and Lender have entered into,or are about to enter into, an agreement whereby Lender has acgwred or will acquire a security interest or other interest in the Collateral. Some or all of the Collateral may be affixed or otherwise become located on the Premises. To induce Lender to extend the Loan to Borrower against such security interest in the Collateral and for other valuable consideration, Landlord hereby agrees with Lender and Borrower as follows. DEFINITIONS. The following words shall have the following meanings when used in this Agreement. Terms not otherwise defined in this Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States of America. Agreement. The word"Agreement"means this Landlord's Consent,as this Landlord's Consent may be amended or modified from time to time,together with all exhibits and schedules attached to this Landlord's Consent from time to time. Borrower. The word"Borrower"means Public Golf Management, Inc. Collateral. The word"Collateral"means certain of Borrower's personal property in which Lender has acquired or will acquire a security interest, including without limitation the following speck property: 1 All Inventory,Accounts, Equipment, General Intangibles and Fixtures Landlord. The word"Landlord"means City of Kent . The term"Landlord"is used for convenience purposes only. Landlord's interest in the Premises may be that of a fee owner, lessor, sublessor or lienholder,or that of any other holder of an interest in the Premises which may be,or may become, prior to the interest of Lender. Lease. The word"Lease"means any that certain lease of the Premises, dated March 1.2000 , between Landlord and Borrower. Lender. The word"Lender"means Towne Bank, its successors and assigns. Loan. The word"Loan"means any loan (past,present or future)or any other financial accommodations, Lender has made, is making or may make to Borrower. Premises. The word"Premises"means the real property located in King County,State of Washington,commonly known as 2019 West Meeker Street, Kent,WA 98 032 , and legally described as: See Attached Exhibit"A" CONSENT OF LANDLORD. Landlord agrees that if Borrower defaults under the Loan or the Lease, so long as Lender has not entered the Premises for the purpose of operating a business,Lender will have no liability under the Lease,including without limitation liability for rent. Whether or not Lender enters into possession of the Premises for any purpose,Borrower will remain fully liable for all obligations of Borrower as lessee under the Lease and for any period of time after termination of the Lease during which Lender has lawful possession of the Premises hereunder. While Lender is in possession of the Premises, Lender will cause all payments due under the Lease and attributable to that period of time to be made to Landlord. LEASE DEFAULTS. Both Borrower and Landlord agree and represent to Lender that,to the best of their knowledge,there Is no breach or offset existing under the Lease or under any other agreement between Borrower and Landlord. Landlord agrees not to terminate the Lease,despite any default by or notice provided to Borrower pursuant to the terms of the Lease without giving Lender written notice of the default and an opportunity to cure the default within a period of thirty(30)days after Lender's receipt of the notice. If the default is one that cannot reasonably be cured by Lender(such as insolvency,bankruptcy,or other judicial proceedings against Borrower), then Landlord will not terminate the Lease without giving Lender written notice and after Lender's receipt of notice,a period of not less than sixty(60)days to relinquish possession or control over the Premises. DISCLAIMER OF INTEREST. Landlord hereby consents to Lender's security interest(or other interest)in the Collateral and disclaims all interests,liens and claims which Landlord now has or may hereafter acquire in the Collateral. Landlord agrees that any lien or claim it may now have or may hereafter have in the Collateral will be subject at all times to Lender's security interest(or other present or future interest)in the Collateral and will be subject to the rights granted by Landlord to Lender in this Agreement. ENTRY ONTO PREMISES. Landlord and Borrower grant to Lender,for a period of thirty(60)days after Lender's receipt of written notice from Landlord of Borrower's default,the right to enter upon the Premises for the purpose of removing the Collateral from the Premises or conducting sales of the Collateral on the Premises. The rights granted to Lender in this Agreement will continue until thirty(60)days after Lender receives notice in writing from Landlord that Borrower no longer is in lawful possession of the Premises. If Lender enters onto the Premises and removes the Collateral, Lender agrees with Landlord not to remove any Collateral in such a way that the Premises are damaged,without either repairing any such damage or reimbursing Landlord for the cost of repair. SBA PROVISIONS. The Loan secured by this lien was made under a United States Small Business Administration (SBA)nationwide program which uses tax dollars to assist small business owners. If the United States is seeking to enforce this document,then under SBA regulations: a)When SBA is the holder of the Note,this document and all documents evidencing or securing this Loan will be construed in accordance with federal law. b)Lender or SBA may use local or state procedures for purposes such as filing papers, recording documents,giving notice,foreclosing liens,and other purposes. By using these procedures,SBA does not waive any federal immunity from local or state control,penalty,tax or liability. No Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obligation of Borrower,or defeat any claim of SBA with respect to this Loan. Any clause in this document requiring arbitration is not enforceable when SBA is the holder of the Note secured by this instrument. MISCELLANEOUS PROVISIONS. This Agreement shall extend to and bind the respective heirs, personal representatives,successors and assigns of the parties to this Agreement. The covenants of Borrower and Landlord respecting subordination of the claim or claims of Landlord in favor of Lender shall extend to, include,and be enforceable by any transferee or endorsee to whom Lender may transfer any claim or claims to which this Agreement shall apply. Lender need not accept this Agreement in writing or otherwise to make it effective. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington and the venue of any action shall be King County,Washington. In the event legal action of any type,including but not limited to mediation or arbitration, is undertaken to enforce the terms of this agreement the prevailing party shall be entity to an award of its reasonable attorneys fees. If Landlord is other than an individual, any agent or other person executing this!Agreement on be a oTlHe-la-ndlord represents and warrants to Lender that he or she has full power and authority to execute this Agreement on Landlord's behalf. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is in writing and signed by Lender. Without notice to Landlord and without affecting the validity of this Consent, Lender may do or not do anything it deems appropriate or necessary with respect to the Loan,any obligors on the Loan,or any Collateral for the Loan, including without limitation extending, renewing, rearranging or accelerating any of the Loan indebtedness. No delay or omission on the part of the Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not constitute of or prejudice Lendees right otherwise to demand strict compliance with that provision or any other provision. Whenever consent by Lender is required in this Agreement,the granting of such consent by Lender in any one instance shall not constitute continuing consent to subsequent instances where such consent is required. BORROWER AND LANDLORD ACKNOWLEDGE HAVING READ ALL THE PROVISIONS OF THIS LANDLORD'S CON E$ NT,AND BORROWER AND LANDLORD AGREE TO ITS TERMS. THIS AGREEMENT IS DATED (�2000. BORROWER: Publ Got anage t c By: C ck M.Pede o LO City o e LEND no Bank By: o, /X& T Yak it Co .SV/p lb0NWR ACKNOWLEDGMENT STATE OF IoA ) )ss COUNTY O On this day o 20 00 , before me,the undersigned Notary Public, personally appeared a personally known to me or proved to rye on the basis of satisfactory evidence to a authorized agent for the I��r=that executed the within and foregoing instrument and al5knowl6dged said instrument to be the free and voluntary act and deed of the said Lender,duly authorized by the Lender through its board of directors or otherwise,for the uses and purposes therein mentioned,and on oath stated that he or she is authorized to execute this said instrument and that the seal aff!rd.t the corporate seal of sa e9E y� . ��Qnir�rER. s .S he State of My commission '`t�, 4811G •� „ I ASN CORPORATE ACKNOWLEDGMENT 1 . STATE OF ss COUNTY OF I t1'q ) On this )�J� day of -Mmv<-e- 20&J , before me,the undersigned Notary Public, personally appeared Sohn m. �s 2sc i and personally known to me or proved to me on the basis of satisfactory evidence to be an authorized agent of the corporation that executed the Landlord's Consent and acknowledged the Agreement to be the free and voluntary act and deed of the co rity, of its Bylaws or by resolution of its board of directors,for the uses and purposes therein mentio •• stated that he or she is authorized to execute this Agreement and in fact executed the Agree pCC* Nalfgt�m corporation. yr�;' N OTAA :y /• ;O N��GO UBL.IC�s� �O WASH�� p""Mae Y 'o M. Lpy� 4.ri OS A R y •:0 By * •: PUBV�G cQ�' iding d'�••�VItUST Z�� Notary Public in and for the State of lv f} C\il ssion expires fs-20.03 1'IL D ACKNOWLEDGMENT STATE OF t,).D CN 1 ���"`)ss �.�1tl1S�,���4i�i COUNTY OF ", ��'tdM °o .n�•. On this day before me,the undersigned Notary Public,personally appeared \ M personally known to me or proved to me on the basis of satisfactory eviden idribed is and and acknowledged that he or she sig Ag or her free and voluntary act and deed,for the uses and purposes therein mentioned. '•,,�.ti�I"••••11'"T Given under my h and official seal this \ S day of .\.p e' ' 2000. By c do Residing Notary Public in a9d for the State of LA-)-("— My commission expires 'IZaGo't.- Riverbend Driving Range and Par 3 Legal Description (Tax Lot #232204-9011) Those portions of Government lots 4 and 5 in the Southwest 1/4 of Section 23, Township 22 North, Range 4 East W.M. in King County, Washington, And portion of the Southeast 1/4 of the Northwest 1/4 of said Section 23, all lying Southerly of State Highway #5A and Westerly of John Downey Road #722 (54th Place South) Except portion thereof platted as Colony Park Condominiums as recorded in Volume 31 of Condominiums, pages 55-57 records of King County, Washington, And Except that portion thereof described as follows: Beginning on the centerline of Secondary State Highway #5A at Engineer Station 163+00.00 back = 163+48.2 ahead as shown on State Highway map revised 19 March 1957; thence North 63053'30" East, along the centerline of said Highway 549.68 feet; thence South 14'51'10" East, 301.01 feet; thence South 75008'50" West 60.00 feet; thence South 14051'10" East, 119.73 feet to the True Point of Beginning, thence continuing South 14051'10" East, 166.14 feet; thence North 06023'25" East, 55.20 feet; thence North 14051'10" West 76.19 feet; thence North 42018'10" West 43.39 feet to the True Point of Beginning. 18 HOLE GOLF COURSE PROPERTY: (Beck/Bon Property also known as the Green River Partnership Property. Purchase price: $1,783,463.71, including closing. Statutory Warranty Deed from Albert Bon, as to an undivided one-third interest, Syliva Beck, as to an undivided one-third interest, and Albert Bon and Sylvia Beck, Co-Guardians of the Estate of Margaret Mary Bon, as to an undivided one-third interest. Assignment of interest in purchase and sale agreement by The Green River Partnership,a general partnership whose partners are Turtle Pond, Inc, and MKB Industries. Signed by Fred M. Powers, President of Turtle Pond, Inc. and Kambiz Babaiffm Exec. VP of MKB Industries. Also purchased property through condemnation Ordiance 2714 from: A. J. Segale and A. L. Litowitz Dugan property Genevive Lopez property Also utililized part of the property known as Riverfront Park purchased with an IAC grant. CHICAGO TITLE INSURANCE COMPANY SCHEDULE A (Continued ) LITOWI 1 Z Policy No. 118822 THAT PORTION OF GOVERNMENT LOT 2 AND OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER SECTION 22, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M. , IN KING COUNTY, WASHINGTON, LYING SOUTHWESTERLY OF THE GREEN RIVER AND EASTERLY AND NORTHERLY OF COUNTY ROAD NUMBER 3171 EXCEPT PORTION FUR COUNTY ROADt EXCEPT THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF SAID NORTHEAST QUARTER LYING EAST OF KENT DESMOINES ROAD AND WEST OF A LINE BEARING SOUTH 31 DEGREES 14'40" EAST FROM A POINT ON THE NORTH LINE OF SAID SUBDIVISION 639. 33 FEET WEST OF THE WEST MARGIN OF COUNTY ROAD NUMBER 761 AND EXCEPT THOSE PORTIONS CONDEMNED FOR SR 516, UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 741396 ALSO GOVERNMENT LOT 14 AND THAT PORTION OF GOVERNMENT LOT 13, LYING NORTH OF COUNTY ROAD NUMBER 317, IN SECTION 23, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTONi EXCEPT PORTION FOR COUNTY ROAD. This Policy valid only if Schedule B is attached. Page 2 CHICAGO TITLE INSURANCE COMPANY SCHEDULE A (Continued ) Polity No. 108914 �. THAT PORTION OF GOVERNMENT LOT 3, SECTION 22, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND OF GOVERNMENT LOTS 2 AND 3, SECTION 23, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE SECTION LINE BETWEEN SECTIONS 14 AND 23, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, 3559. 9 FEET WEST OF THE CORNER COMMON TO SECTIONS 13, 14, 23 AND 24 OF SAID TOWNSHIP AND RANGE, SAID POINT BEING AT THE INTERSECTION OF SAID SECTION LINE AND THE WEST BOUNDARY LINE OF THE COUNTY ROAD RUNNING ALONG THE RIGHT BANK OF WHITE RIVER AND MARKED BY A ROUND CONCRETE MONUMENT 6 INCHES IN DIAMETER AND 2 FEET LONG, SET 2 FEET IN THE GROUND; RUNNING THENCE SOUTH 9 DEGREES 58' EAST ALONG THE WEST BOUNDARY LINE OF SAID ROAD, 257. 93 FEET TO A POINT MARKED BY A ROUND CONCRETE MONUMENT 6 INCHES IN DIAMETER AND 2 FEET LONG, SET 2 FEET IN THE GROUND: THENCE SOUTH 20 DEGREES 35 ' EAST ALONG THE WEST BOUNDARY LINE OF SAID ROAD 1287. 7 FEET TO A POINT MARKED BY A ROUND CONCRETE MONUMENT 6 INCHES IN DIAMETER AND 2 FEET LONG, SET 2 FEET IN THE GROUND AND BEING THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO OLIVE V. STEWART BY DEED RECORDED IN VOLUME 713 OF DEEDS, PAGE 203, UNDER RECORDING NUMBER 629614, IN KING COUNTY, WASHINGTON; THENCE WEST 1967 FEET TO THE TRUE 'POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING WEST 235 FEET TO A POINT MARKED BY A ROUND CONCRETE MONUMENT 6 INCHES IN DIAMETER AND 2 FEET LONG, SET 2 FEET IN THE GROUND; THENCE CONTINUING WEST APPROXIMATELY 50 FEET TO THE BANK OF THE WHITE RIVER; THENCE IN A GENERALLY NORTHERLY AND EASTERLY DIRECTION ALONG THE BANK OF SAID RIVER, AND THE WEST BOUNDARY LINE OF GOVERNMENT LOT 3, IN SAID SECTION 22 AND THE NORTHWESTERLY BOUNDARY LINE OF GOVERNMENT LOT 2, IN SAID SECTION 23, OF SAID TOWNSHIP AND RANGE, 1100 FEET, MORE OR LESS, TO AN INTERSECTION WITH A LINE RUNNING NORTH FROM THE PLACE OF BEGINNING: THENCE SOUTH ALONG SAID LINE TO THE TRUE POINT OF BEGINNING; EXCEPT ROADS; TOGETHER WITH AN EASEMENT FOR RIGHT OF WAY OVER A STRIP OF LAND 15 FEET WIDE, THE SOUTH BOUNDARY OF WHICH IS DESCRIBED AS FOLLOWS; BEGINNING AT THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREINABOVE DESCRIBED: THENCE EAST 1967 FEET TO THE NORTHEAST CORNER OF THE TRACT OF LAND CONVEYED TO OLIVE V. STEWART HEREINABOVE REFERRED TO. This Policy valid only if Schedule B is attached. Page 2 'wa , PRC �Tl� A. L. T. A. COMMITMENT SCHEDULE A (Continued ) Our No. 118823 N Your No. D7 Q a 00 QD THAT PORTION OF SECTION 23, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE COUNTY ROAD WITH THE SECTIONS 14 AND 23, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, WHICH POINT IS 3559. 9 FEET WEST OF THE SECTION CORNER COMMON TO SECTIONS 13, 14, 23 AND 24, IN SAID TOWNSHIP AND RANGE: THENCE SOUTH 9 DEGREES 58' EAST AL014G THE WEST LINE OF SAID COUNTY ROAD, A DISTANCE OF 257. 95 FEET; THENCE SOUTH 20 DEGREES 35' EAST ALONG THE WEST BOUNDARY OF SAID ROAD 1, 918. 6 FEET; THENCE SOUTH 12 DEGREES 3' EAST ALONG THE WEST BOUNDARY LINE OF SAID ROAD 322. 3 FEET; TO A ROUND CONCRETE MONUMENT 6 INCHES IN DIAMETER, 2 FEET LONG, SET 2 FEET IN THE GROUND; THENCE WEST A DISTANCE OF 800. 6 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF PECK EXTENSION COUNTY ROAD, WHICH IS THE TRUE POINT OF BEGINNING; THENCE WEST 699. 3 FEET; THENCE SOUTH 117. 4 FEET; THENCE WEST 296. 13 FEET TO A POINT ON THE RIGHT DANK OF WHITE RIVER MARKED BY A ROUND CONCRETE MONUMENT 6 INCHES IN DIAMETER AND 2 FEET LONG, SET 2 FEET IN THE GROUND; THENCE ON THE SAME COURSE WEST 50 FEET, MORE OR LESS, TO THE WATER LINE OF THE RIGHT BANK OF THE WHITE RIVER; THENCE SOUTHWESTERLY ALONG THE WATER LINE OF WHITE RIVER TO ITS INTERSECTION WITH THE NORTH BOUNDARY OF THE PECK EXTENSION COUNTY ROAD; THENCE NORTHEASTERLY ALONG THE BOUNDARY LINE OF SAID ROAD A DISTANCE OF 1, 261 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING, EXCEPT THAT PORTION THEREOF LYING SOUTHEASTERLY OF A LINE DRAWN PARALLEL WITH AND 75 FEET DISTANT NORTHWESTERLY WHEN MEASURED AT RIGHT ANGLES FROM THE CENTERLINE AND SECONDARY STATE HIGHWAY 5A GREEN RIVER VICINITY AND SOUTHWESTERLY OF A LINE DRAWN NORTH 26 DEGREES 06'36" WEST FROM ENG STREET 0163+00; AS CONDEMNED BY THE STATE OF WASHINGTON IN SUPERIOR COURT CAUSE NUMBER 507854. EXHIBIT A CX �2RQ� ESN, P The land referred to in this commitment is situated in the State of Washington, County of King and is described as follows: Commencing at the point of intersection of the West line of County Road No. 722 with the North line of Section 23, Township 22 North, Range 4 East W.M. , in King County, Washington, said point being 3,559.9 feet, more or less, West of the Northeast corner of said Section (this being the Northeast corner of that property described in Recording No. 2712356); thence South 9058' East along the West line of said County Road 257.95 feet; thence South 20035' East along said West line 1,287.7 feet to the Northeast corner of that property conveyed to John Bon by deed recorded under Recording No. 2858429 and the true point of beginning; thence following the boundaries of said Bon property along the following described courses: continuing South 20'35' East 630.9 feet; thence South 12003' East 322.3 feet; thence West 1,499.9 feet; thence South 117.4 feet; thence West 346 feet, more or less, to the East bank of the Green (White) River; thence Northerly along said East bank to a point which bears West from the true point of beginning; thence East along the North line of said Bon property 2,250 feet, more or less, to the true point of beginning; EXCEPT THAT portion lying Southeasterly of the Northwesterly margin of Secondary State Highway No. 5-A (Kent-Des Moines Road). Situate in the City of Kent, County of King, State of Washington. 1 REAL 93TA%entered iCT AP n ' TI123 RUE1i AT, ma e de end enteredd Into Co Chlf 4th day of AuEne t, 1961 betweek. HOSZdT S. C033 and ADELE H. C039, his wife, hereinafter called 17 L� the "ae llnr,' and C01130LIUYfEU PE7L9 A'Z3 INC., a Washington qor per stlan fry Hereinafter called the "purchefer,' io i 'AIT7rfiSEMI: That the seller arroas to sell to the ourchasar and the porchaser across to Durchase of the sallnr the follow Lnv described real estate situate In King Co.inty, State of lashlnfton, to-wit: That certain portion of the northwest quarter of section 23, Township 22 North, Range Il east, 'A.K., In King Connty, 'aashln.Con, described es follawst Beginning at a point on the section line between sections LC and 23, said township and rant-o, 3559.9 feet west of the corner corrion to sections 1), llt, 2). and 24 of said township and ran-a, said point qq beln; at the Lntersartlon of said section line and too wort b:un!ary 'F line of county road runnlnr alcnr the rLFht bank of Jhlto Slier and a, marked by a round concrete nonanont 6 Inches In dlanot0r and 2 fiat long Ib` set 2 feat In the rroundj runnIn7 thence south 905')'0) oast along the [` vast boundary line of estd road 257,95 foot to a point ,narked by a round concrete monument 6 inches in dLaaator and 2 foot long, set n! 2 feet In the croon; thence south 20035100' east along the west n boundary line of sold road 12.17.7 fast to a point marked by a round concrete monument 6 Lnchns In aismeter and 2 feet Lima-., it 2 feat in the ground, and belnf, the nirtheest corner of a tract of land conveyed to Olive V. 9towirt by deed rec)rdsd In Voluris 713 of Deeds, peas 203, under Auditor's fLle No. 629oll,, records of King County, AoshIM-ton; thence vast 1167 feet to tna siatheast tornor Of a tract of lam conveyed to the Pugat Sound Frondcaatlnr Conoany by dead recordnd In Volu-.e 11121 of Deeds, raze 91i, records Of said nounty; thence north aloof the east line of anh.1 P-.-et Sonnd ''roadCasttnF Con -any tract, y n50 fist, more or lase, to the northerly line of C,varm,ont Lot 2, 9octton 2); thence 043torly an! northerly alonr tha northerly and northweftarly baundiry lino ,f ^riarminnt Lob 2 end 1 of Section .'.), snrroxt^stsly 1975 fact to in Lncersoctlon wLth the Bald Section line between Sections 11, arvi 23; thence east sonroxl?,rely 30 feet to the point of becinnlnr; 3'r PJYCT to an eas0nsn; for rLFht Of way over the south 15 foot thereof, I;ErTi Exceptions referred to In pararraphs 2 - ) - 4 - 5 of Lawyers Title Tn3nrance Corporitlon report .#172759 with the appurtenanoo,, an the fallowiv, tome and conJLtlonst '.ha ror-heoe price far said da,cribnd ors,ta,s is the sum of .1 Ia;f-'[1:i2 de T!:':':3A'D (;j),000.00) Dollars of which tea r,.n of ricitiy-FL';u iitihiiL:D (45,500.00) Dollars has this day boon paid, the receipt whareof is her-sb7 ack^owledrod, and the balance of sold �purchase Trice In the sum of T4_ ::f-F0.13 -HO'J3A:;D F't'/c HTUi: tP 500.00) Dollars, shall be pstd as followsl Two Hunored Fifty 1132556.00) Dollars on the lot day of F'obr•ur7, 1962, and Pao Hundred Fifty (.250.00) Dollars or core on or ')drove the lit day of each and every month thereafter until the entire purchase price, Including interest an the unpaid portion thereof at the rasa Of 5," nor arm= has been fully paid. Providlnc that the payments will not exceed more than one half of the rer;alnlnf contract balance durinf the -- - < colander year of 1962. 1is purchaeor -Ay at his ,optlia -ay.la at any time In 1963. The r..onthl7 payment horeln.M0':1Cad.ah111Lhr. '�� c lode both or lac Leal and loco cos t, vLd monthly naynent td'ba appI ed✓' first to accrued Interest and the balance appldd to tha u-1-sol.pet Interest to begin on the let day of January, 1962. t t: A_ L 3 Page 1 LAU. 2 Shetitai AUG 31 1961 Filed by LTl Riverbend Golf Complex Golf Management Agreement Letter of Agreement In consideration of the Riverbend Golf Management Agreement signed by Public Golf Management Inc. (P.G.M.) and the City of Kent on March 27, 2000: A) P.G.M. will begin and conduct all service responsibilities except cashiering for the Driving Range and Mini-putt until Nevada Bob's has moved to their leased area; and in lieu of and until P.G.M. begins cashiering at the Driving Range and Mini-putt. B) P.G.M. will provide the equivalent of thirteen (13) hours of labor per day of gardening and landscaping at the Driving Range and Mini-putt on work outlined by the City of Kent; and C) P.G.M. may provide on a daily basis or lump sum as agreeable by the City of Kent. ff Signed: Date 3 t71 C6 G.M. 7tocs Title Signed: Date a OO i of Kent 12 S Title golf\PGM Letter of Agreement&Clubhouse Lease 03/28/00 ACORD CERTIFICATE OF LIABILITY INSURANCE C-2 PD DATE(MAVOD/YY) Iv$-2o 01/09/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RS&P - Seattle HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. O. Box 24347 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle WA 98124 Phone: 206-956-1600 Fax:206-956-9600 INSURERS AFFORDING COVERAGE INSURED All My Restaurants, Inc. dba: INSURERA: Unl and Insurance Company River Rock Grill & Alehouse; Public Golf M t, Inc. dba: INSURER B: River Bend Goff Country Club, Fire Creek Grill, C$p r n Jack's INSURER C: 4050 Maple e98alley Highway INSURER D: Renton WA INSURER E: 058 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOo%N MAY HAVE BEEN REDUCED BY PAID CLAIMS. RI POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE j POLICY NUMBER DATE MMfDDM/ DATE MMID LIMITS GENERAL LIABILITY EACH OCCURRENCE S1,000,000 A X COMMERCIAL GENERAL LIABILITY CM005368 01/09/01 01/09/02 FIRE DAMAGE(Any one fire) S100,000 CLAIMS MADE f 7X CCCUR j MED EXP(Any one person) S10,000 X STOP GAP/LIQUOR PERSONAL B ADV INJURY S1,000,000 GENERAL AGGREGATE 52,000,000 GEN.L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG s2,000,000 POLICY JECT LOC AUTOMOBILE LIABILITY A X ANY AUTO CM005368 01/09/01 01/09/02 (EaCOMBINED SINGLE LIMIT a 1,000,000 CO BIKED ALL OWNED AUTOS BODILY INJURY $ SCHEDULEDAUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE S 1,000,000 A OCCUR D CLAIMSMADE C0008707 01/09/01 01/09/02 AGGREGATE S1,000,000 S DEDUCTIBLE S X RETENTION S10,000 $ TFr WORKERS COMPENSATION AND TORV LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1 E.L.DISEASE-EA EMPLOYE $ E.L.DISEASE-POLICY LIMIT Is OTHER DESCRIPTION OF OPERATIONSILOCiATKDNSNEHICLESJEXCLUSIONS ADDED BY ENOORSEMENTISPEOIAL PROVISIONS RE: 2019 W. Meeker Street, Kent, WA. City of Rent is shown as additional insured as respects their interest only in operations of the named insured at this location. CERTIFICATE HOLDER Y I ADDITIONAL INSURED;INSURER LETTER: A CANCELLATION CITY-4 6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3_DAYS WRITTEN Parka & Recreation NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL attn: John Hodgson IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR 220 Fourth Ave S. Kent WA 98032-5895 REPRESENTATIVES. AUfMRIZED REPRESENTATIVE QV Ga enick Gros Y {f� ACORD 25S(7/97) U kJACORD CORPORATION 1988 r ACORD CERTIFICATE OF LIABILITY INSURANCE ATIOPID DATE(MMIDDIYYYY) 04 07 06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Redmond General Insurance Agcy HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR PO Box 847 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Redmond WA 98073-0847 Phone. 425-885-2283 Fax:425-885-6631 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER Unl and Insurance Co. 25747 Atlas Service Inc. INSURER dba Fire Creek Grill Terry Suzuki INSURER 5306 154th Ave SE INSURERD Bellevue WA 98006 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY EFFECTIVE POLICY EXPIRATION LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X I X I COMMERCIAL GENERAL LIABILITY CM011046 03/31/06 03/31/07 1 PREMISES(Ea occurence) $ 100,000 CLAIMS MADE O OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 POLICY PRC- JEC T LOC AUTOMOBILE LIABILITY � COMBINED SINGLE LIMIT $ ANY AUTO Ea■ ECT EL1 BODILY INJURY ALL OWNED AUTOS ,J■ I BODILY INJURY SCHEDULED AUTOS /� �1+ 'Nob (Per person) $ HIRED AUTOS AI'K V rJOb BODILY INJURY $ NON-OWNED AUTOS I (Per accident) ENT LEGAL DEPT. PRO(PeP ad accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETORlPARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDEDI EL DISEASE-EA EMPLOYEE $ If yes,uesCnbe under - -- -- --- - SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISNMNS The City of Kent, Washington is Additional Insured per attached form CG2011 01/96 included in Insured's policy with respect to, 2019 W. Meeker, Kent WA 98031. *10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION CITYOFK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL The City of Kent IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 220 4th Ave S. Kent WA 98032 REPRESENTATIVES AUTHORIZED REPRESEN WE dames T Chambevs l ACORD 25(2001108) ©ACORD CORPORATION 1988 r Policy Number CM011046 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR CG 20 11 01 96 LESSORS OF PREMISES COMMERCIAL GENERAL LIABILITY This endorsement modifies insurance provided under the following: e COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises (Part Leased to You): 2019 W. Meeker, Kent WA 98031 2. Name of Person or Organization (Additional Insured): The City of Kent, WA 3. Additional Premium: (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as This insurance does not apply to an insured the person or organization shown in the Schedule but only with respect to liability arising out of the 1. Any 'occurrence" which takes place after you cease ownership, maintenance or use of that part of the premises to be a tenant in that premises leased to you and shown in the schedule and subject to the 2 Structural alterations, new construction or demolition following additional exclusions- operations performed by or on behalf of the person or organization shown in the Schedule Copyright, Insurance Services Office, Inc, 1994