HomeMy WebLinkAboutPW08-378 - Original - Majestik Trucking - Parcel No. 232204-9029 - 09/01/2008 \Q
Records ME 3. :
KENT
WASHINGTON Document
4?
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Majestik Trucking
Vendor Number:
JD Edwards Number
Contract Number: 60 ..-- 78
This is assigned by City Clerk's Office
Project Name: Majestik Trucking dba Tom DeHart & Kathy DeHart
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Lease Agreement
Contract Effective Date: 9/1/08 Termination Date: 11/30/08
Contract Renewal Notice (Days): 14 days
Number of days required notice for termination or renewal or amendment
Contract Manager: J Fielding Department: Public Works
Detail: (i.e. address, location, parcel number, tax id, etc.):
Tax Parcel 232204-9029
C E c '
S:Pub Ilc\RecordsMa nag ement\Forms\ContractCover\adcc7832 1 11/08
LEASE AGREEMENT
THIS LEASE is entered into the date fully executed by and between the CITY
OF KENT hereinafter called the "Owner", and TOM DEHART and KATHY DEHART,
husband and wife, d/b/a Majestik Trucking, hereinafter called the "Tenants".
1. PREMISES
The Owner hereby lets and leases to the Tenants the property located on King
County Tax Parcel No. 232204-9029. The area so leased is hereinafter called "the
premises" and is depicted in Exhibit "A" attached hereto and incorporated herein by
this reference.
2. USE
Tenants shall use the premises for a trucking business. No use shall be made of
premises, nor act done in or about premises, which is illegal, unlawful, or which will
increase the existing rate of insurance upon the premises. Tenants shall not commit
or allow to be committed upon premises, any waste or any public or private nuisance.
Tenants will comply, at Tenants' own cost and expense, with all reasonable orders,
notices, regulations or requirements of any municipality, state or other governmental
authority respecting the use of the premises.
3. TERM
The term of this lease shall be September 1, 2008, through November 30,
2008. Tenant may terminate the lease at any time by giving 14 days written notice
to Landlord.
4. RENT
$1,329.32 per month rent plus $170.68 leasehold tax (12.84%), for a total of
$1,500.00 per month.
5. TAXES
Tenants shall pay any tax that this Lease, or the interest created thereby, may
be subject to at any time during the term of the Lease or renewal thereof.
6. RE-DELIVERY
Tenants, at the expiration of the term in section 3, any extension of the term,
or upon any sooner termination of this Lease, will, without notice, quit and deliver up
said premises to the Owner peaceably, quietly, and in as good order and condition as
the same now are or may hereafter be placed by Owner, reasonable use and wear
thereof excepted.
LEASE AGREEMENT - Page 1 of 2
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7. CONDITION OF THE PREMISES
The parties acknowledge that the premises are being leased to Tenants for
Tenants' convenience. The premises are being leased "as is". Owner is not obligated
to make any repairs to the premises. All necessary repairs to maintain the condition
of the premises, minus reasonable wear and tear shall be paid by Tenants.
8. REPAIRS AND ALTERATIONS
Tenants shall not make any alterations, additions or improvements to said
premises, without the consent of Owner in writing first, which shall not be
unreasonably withheld. All alterations, additions and improvements that are made,
shall be at the sole cost and expense of Tenants. All improvements shall become the
property of the Owner except for improvements that Owner, at Owner's option,
agrees are the property of Tenants, or improvements that Owner requests Tenant to
remove at termination. If the Tenants perform work with the consent of the Owner,
Tenants agrees to comply with all laws, ordinances, rules, regulations of the
appropriate City or County, and any other authorized public authority. The Tenants
further agree to save the Owner free and harmless from damage, loss or expense
arising out of the said work. Tenants agree that Owner has the right, but not the
duty, to make alterations to the premises.
9. UTILITIES
Payment for utilities is included within the rent in Section 4.
10. INSURANCE
The Tenants shall procure and maintain for the duration of the Lease property
and casualty insurance for the appraised value of the building on the Premises,
insurance coverage for Tenant's personal property on the Premises, and commercial
general liability insurance in the amount of One Million Dollars combined single limit
per occurrence and in the aggregate for damage which may arise from or in
connection with Tenant's use of the Premises. Tenants shall name Owners as an
additional insured, subject to notice to Owner thirty (30) days prior to cancellation.
11. INDEMNIFICATION/HOLD HARMLESS
The Tenants shall defend, indemnify and hold the Owner, 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 Lease, except for injuries and damages caused by the negligence of the Owner.
Should a court of competent jurisdiction determine that this Lease 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 Tenant and the Owner, its officers, officials, employees, and
volunteers, the Tenants' liability hereunder shall be only to the extent of the Tenants'
negligence. The provisions of this section shall survive the expiration or termination
of this Lease.
LEASE AGREEMENT - Page 2 of 2
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12. LIENS AND INSOLVENCY
Tenants shall keep the leased premises and property in which the leased
premises are situated, free from any liens arising out of any work performed,
materials furnished or obligations incurred by Tenants.
13. ASSIGNMENT
Tenants shall not assign this lease or any part thereof and shall not let or
sublet the whole or any portion of the premises. This Lease shall not be assignable by
operation of law.
14. ACCESS
Tenants will allow Owner or Owner's agents free access at all reasonable times
to said premises for the purposes of inspection. This right shall not be construed as
an agreement on the part of the Owner to make repairs, additions, or alterations.
15. DAMAGE OR DESTRUCTION
In the event the premises or the building is damaged to such extent as to
render the premises untenantable in whole or in a substantial part thereof, or is
destroyed, the Tenants shall give Owner or Owner's agent immediate written notice
thereof, and, it shall be optional with the Owner to repair or rebuild the same; Owner
shall have not more than thirty (30) days after date of such notification to notify the
Tenants in writing of Owner's intentions to repair or rebuild said premises, or the part
so damaged as aforesaid. If Owner elects to repair or rebuild said premises, Owner
shall prosecute the work of such repairing or rebuilding without unnecessary delay. If
Owner elects not to repair or rebuild said premises this Lease shall be terminated and
Owner shall not be obligated to provide Tenants another facility to lease.
16. NOTICES
All notices to be given by the parties hereto shall be in writing and may either
be served personally or may be deposited in the United States Mail, postage prepaid,
by either registered mail or by regular mail with certificate of mailing obtained.
Notices shall be mailed to the addresses below, or a later changed addressed
provided in writing to the party:
OWNER:
City of Kent
Attn: Mike Mactutis
Environmental Engineering Manager
220 Fourth Avenue S
Kent, Washington 98032
(253) 856-5700
LEASE AGREEMENT - Page 3 of 3
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TENANT:
Majestik Trucking
c/o Tom and Kathy DeHart, Owners
24955 Frager Rd. S.
Kent, WA 98032
and
Majestik Trucking
c/o Tom and Kathy DeHart, Owners
P.O. Box 457
Auburn, WA 98071
253-221-6550
17. DEFAULT AND RE-ENTRY
If Tenants shall violate, default or not comply with any of the material
covenants, agreements or provisions of this lease agreement, then the Owner may
cancel this lease upon giving the notice required by law, and re-enter said premises,
using such force as may be required.
The failure of the Owner to insist upon strict performance of any of the
covenants and agreements of this lease, or to exercise any option herein conferred in
any one or more instances, shall not be construed to be a waiver or relinquishment of
any such, or any other covenant or agreements, but the same shall be and remain in
full force and effect.
18. COSTS AND ATTORNEYS FEES
If by reason of any default on the part of Tenants it becomes necessary for the
Owner to use an attorney, or if Tenants shall bring any action for any relief against
Owner, declaratory or otherwise, arising out of this lease, the prevailing party shall
have and recover against the other party in addition to the cost allowed by law, such
sum as the court may adjudge to be reasonable attorney's fees.
19. REMOVAL OF PROPERTY
In the event of any entry in, or taking possession of, the leased premises, the
Owner shall have the right, but not the obligation, to remove from the leased
premises all personal property located therein. Owner may store the same in any
place selected by Owner, including but not limited to a public warehouse, at the
expense and risk of the owners of the personal property, with the right to sell such
stored property in accordance with Chapter 59.18 RCW.
LEASE AGREEMENT - Page 4 of 4
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20. HEIRS AND SUCCESSORS
Subject to the provision hereof pertaining to assignment and subletting, the
covenants and agreements of this lease shall be binding upon the heirs, legal
representatives, successors and assigns of any or all of the parties hereto.
21. HOLDOVER
If the Tenants shall, with the written consent of Owner, holdover after the
expiration of the term of this lease, such tenancy shall be for an indefinite period of
time on a month to month tenancy, such tenancy may be terminated as provided by
the laws of the State of Washington.
During such tenancy Tenants agrees to pay to the Owner 150% of rent and
corresponding leasehold tax from Section 4 per month and to be bound by all of the
terms, covenants, and conditions of this Lease, so far as applicable.
22. SUBORDINATION
Upon Owner entering into any financing or refinancing affecting the subject
premises, Tenants agrees to execute documents within three (3) days of the request
of Owner to subordinate this lease to any mortgage, (or deed of trust or other
security) granted to a financing institution or other secured party or entity.
23. COMMUNICATIONS
Tenants are responsible for all installation, operation, and termination charges
related to its own independent telephone system, including, but not limited to, costs,
expenses, and charges for telephone equipment and line charges, line installation,
inside wiring, re-configuration, and system repairs.
The foregoing conditions are mutually agreed to by the Owner and the Tenants.
TENANT: OWNER:
TOM DEHART d KATHY DEHART CITY OF KENT
d/b/a M T TRUCKI
D H L;1ette Cooke
or
Kathy D Ha
Date: r
Date: /O -27--0 e
(Notary Public Acknowledgements Appear on Next Page)
LEASE AGREEMENT - Page 5 of 5
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STATE OF WASHINGTON )
) ss.
KING COUNTY )
On the day of 2008, Suzette Cooke personally
appeared before me, to me known to be the Mayor for the CITY OF KENT, a
Washington municipal corporation, that executed the foregoing instrument, and
acknowledged such instrument to be the free and voluntary act and deed of such
municipal corporation, for the uses and purposes therein mentioned, and on oath
stated that she was duly authorized to execute such instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
Signat re
(Printed Name)
NOTARY PUBLIC, in and for the State of Washington
residing at ASA.
My appointment expires / -
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this jj+"day of 2008, before me a Notary
Public in and for the State of Washington, personally appeared TOM DEHART and
KATHY DEHART, husband and wife, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the persons who executed this instrument
and acknowledged it to be their free and voluntary act and deed for the uses and
purposes mentioned in this instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first abovV_Sinature
.
Printed Name) '�11a '1�1 ®��
c OTARY PUBLIC, in and for the State of Washington
Note
ofV n e s i d i n g at ��c k5�h S+t�� Out 1 ft ChSTE o,
MAppointmentExpires Mar 18,2012 y appointment expires���
P:\00I\Fi les\Ope n Fi 1es\1265\Majesti 1dease091508.doc
LEASE AGREEMENT - Page 6 of 6
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OCT-29-2008 08:56 P.001
ACORD,. CERTIFICATE OF LIABILITY INSURANCE Vioiz9.iz0018
PRODUCER (253)272-1151 FAX (2S3)272-122S THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Hentschel l & Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
One Pacific BuildingHOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
621 Pacific Ave., Suite 400
Tacoma, WA 98402 INSURERS AFFORDING COVERAGE NAIC#
INSURED Majestik rucking, Inc. INSURERA Western National Assurance Co. 24465
PO Box 457 INSURER B:
Auburn, WA 99071 INSURERC:
INSURER D:
INSURER E:
C!2XERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AGOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RCSPECT 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.
tLT R D TYPE OF INSURANCE POLICY NUM D!R POLICY EFFECTIVE POLICY EXPIRAMWj)DfTION LIMITS
GENERAL LIABILITY GL300009819 06/09/2008 06/09/2009 EACH OCCURRENCE 3 11000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100.000
CLAIMS MADE Q OCCUR MED UP(Arry one pereonf 3 S 000
A PERSONAL 8 AOV INJURY S 1,000,000
GENERAL AGGREGATE $ 21000,000
GCN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG 3 1,000.000
POLICY 7 jEpT LOC
AUTOMOBILE UAQILnY CA30001OS41 06/09/2008 06/09/2009 COMBINED SINGLE LIMIT
X ANY AUTO (Ee socldent) $
1.000.000
ALL OWNED AUTOS BODILY INJURY
SCHEOuLEOAUTOS (Perpown) _
A x HIRED AUTOS
BODILY INJURY 3
NON-OWNED ALTOS (Pet aooidenl)
X PROPERTY DAMAGE S
(Per ecelunq
GARAGE LIABILITY AUTO ONLY-EAACCIOENT S
ANY AUTO
OTHER THAN EA ACC $
AUTO ONLY: AGO S
EXCE351UM8RELLAUAOIUTY , EACH OCCURRENCE S
OCCUR ❑CLAIMS MADE AGGREGATE S
S
DEOUCTIOLC S
RETENTION S S
WORKERS COMPBNSATIQNAND WC STATU• OTH.
EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUYNE E.L.EACH ACCIDENT S
OFFICER/MEMBER EXCLUDCOT
O yyees� Qe.criee under E.L.DISEASE-EA CMPLOYEC S
BPEGIIAL PROVISIONS bolow E.L.DISEASE-POLICY LIMIT S
OTHER
DESCRI ON OF OP RATIONS IUQCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMRNT/SPECIAL PRW31ONS
ertifiitate older is additional insured regarding leased premises at 24955 Frager Road South
Kent, WA.
QERT]EICATE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED DEFORe THE
CITY OF MPIRA'nQN*ATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
ENVIRONMENTAL
L ENGINEERING MANAGER 30 OAYOi TI
WRITTEN NOTICE TO THe CCRFICATe HOLDER NAMED TO THE LEFT,
220 FOURTH AVENUE SOUTH OUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE IN3URFR ITS AGENTS OR REPRESENTATIVES,
KENT, WA $8032 AUTHORIZED REPRESENTATIVE
Larry Fl nn LJW
ACORD 25(2001108) FAX: '(2S3)856-S700 CACORD CORPORATION 1983
OUT-29-2008 08:66 P.002
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(i%)must be endorsed.A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may
require an endorsement.A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s),
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the Issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it
affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon.
I
ACORU 2S(2001108)
TOTAL P.002
REQUEST A 'S SIGNATURE
KENT Please Fill in All Applicable Boxes
WASH I NGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: �l� t (�(CIiN1c Phone (Originator):
Date Sent: ) o � ? � Date Required:
Return Signed Document to: %f,c CONTRACT TERMINATION DATE: A,
� DATE OF COUNCIL APPROVAL:
VENDOR NAME: ml� �,f�Z i--acZ"1, '
Brief Explanation of Document: /f /
{ �c2�C CLS� {(i✓icry. Ntt l f' le—jhlc- 71 c,'J' ft�
// / I
RECEIVED
NIP," n nnn
I\I 4 �! �} LUUU
All Contracts Must Be Routed Through the Law Department
(T i�A eg o bel o �pl to By the law Department) Office of the Mayor
Received: Q C T ZUU8
Approval of Law Dept.: a
Law Dept. Comments:
tl-
7
A,,: (_ I
Date Forwarded to Mayor:
Shaded Areas to Be Completed by Administration Staff
Received:
Recommendations &`Comments:
Disposition: // �Ud dlY111-e—o _ L
Date Returned:
Iage 5870 3/05
Washington State
IMF Department of Transportation Relocation Assistance Voucher
Agency Name: City of Kent I hereby certify under penalty of perjury that the items and amounts listed herein are proper
Lower Green River Property Acquisition charges against the State of Washington. That the same or any part thereof has not been paid,
220 4th Ave. S. and that I am authorized to sign for the claimant. I further certify that I am a citizen of the
Kent,WA 98032-5895 United States of America or am an alien lawfully present in the United States of America.
Displaced Person(s)or Claimant(Name,address with zip+4 to Signature(Blue ink)Include TIN q4mber each claimant Date
which payment will be sent)
Majestik Trucking, Inc. An 11 ION
PO Box 457 x
Auburn,WA 98071 SSN/TIN:
Project Title:City of Kent Lower Green River Property
Acquisition %/_/F 84 303
Parcel No.: 2322049029 Displacee No.:2 Date Parcel Vacated: 10/31/08
Replacement Housing Payments $Amounts
Price Differential—180 da owner $
MIDP-Increased Mortgage Interest Payment $
Incidentals $
Last resort housm' —owner $
Rental assistance—90 day tenants and certain others $
Down payment assistance—90 day tenants and certain others $
Last resort housing—tenants $
Comments /other(describe): $
Moving Expense Payments $Amounts
Schedule/dislocation allowance-residential $
Actual expenses/commercial—residential $
Fixed Payment in lieu of all other moving expenses)-Non-Residential $
Actual costs/commercial/negotiated cost-Non-Residential $
Reestablishment costs-Non-Residential $50,000.00
Personal property only $
Comments /other describe):Payment for increased costs the first two years of operation $
Deductions: -$0.00
TOTAL 110,000.00
RELOC O PECIALI T: DATE:
// Oo TOTAL -3► $509000.00
RELOCATION SUP ISOR: DATE: REGION REAL ESTATE MANAGER: DATE:
I,the undersigned,certify that the above are correct,that the payment is necessary for the above relocation assistance,that it has been performed in accordance with
prescribed procedures,and that this payment is not considered income or resources to a"DISPLACED PERSON"pursuant to Section 216 of Public Law 91-646 and
RCW 8.26.140.
By: `
Warrant Register No.: Voucher No.:
For: e ity Kent Date
xett.�ayar-
RES-537
Majestik Trucking
Reestablishment Benefit Calculation
Increased cost of operations calculation for the first two years of operation
WAC 468-100-305(1)(g)
Calculations consisting of the difference in mileage between starting and ending the day in
Enumclaw as opposed to Kent.
It is 22 miles from the Displacement site to the Replacement site
44 miles R/T extra per truck per day
The trucks average 4 miles per gallon
44 miles/4 mpg = 11 gallon per day increase
The cost of diesel is now below$4.00/gallon and continues to drop. I've chosen $3.50 per gallon
for this calculation.
11 gallons *$3.50/gallon =$38.50 increase per day per truck
Needs to work 200 days per year to stay in business. (Defined as 4 or more truck/trailer combos on
a job working)
200 work days *$38.50 per day= $7,700.00 per truck per year of increased cost.
Year 1 Year 2
1 truck $7,700.00 $15,400.00
2 trucks $15,400.00 $30,800.00
3 trucks $23,100.00 $46,200.00
4,frucks,, $30,800 00:" $61,600`00
5 trucks $38,500.00 $77,000.00
6 trucks $46,200.00 $92,400.00
This calculation is extremely conservative. It does not take into consideration the increased cost of labor
or maintenance. I find these expenses reasonable, necessary and recommend full payment of the
maximum amount allowd by law which is$50,000.00.
® REQUEST FORMAYOR'S SIGNATURE
1 ENT Please Fill in All Applicable Boxes
WA5HINGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: .�2 Phone (Originator): "s%�
Date Sent: jj _ cf'- Date Required: /j-2-6 0
Return Signed Document to: � CONTRACT TERMINATION DATE:
VENDOR NAME: � rf�i �l�,n DATE OF COUNCIL APPROVAL: S
V /
Brief Explanation of Document: 44,
/ -,
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/-�-u,'e� C�rem ,�t� ���y fyi ��tl�e Iit-,, �r-vJecT� � f1 t`"i f /��-u•��=�/��1 6
All Contracts Must Be Routed Through the Law Department
(This Area to be Completed By the Law Department)
Received:
Approval of Law Dept.: X I'j
Law Dept. Comments:
f
o V; till
Date Forwarded to Mayor: �pNem&r 2,0 2AA RECEIVED
Shaded Areas to Be Completed by Administration Staff �I��
Receiv d:
y City Of Kent
Of, of the Mayor
Recommendations & Comments:
Disposition:
Date Returned:
Iage5870 3/05