HomeMy WebLinkAboutAD09-118 - Original - City of Kent - Special Use Permit for ShoWare Center & Kent/James St. Park and Ride - 03/01/2009 ecords M ge mer .
KENT Document
W waniM oton
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: VUC�
Vendor Number:
3D Edwards Number r�
Contract Number: Abbl- 11
This is assigned by City Clerk's Office ''`` 1
Project Name: G A V l �- �at�f�
Description: ❑ Interloc A reement ElC//✓an,ga,Oder ❑ Amendment ❑ Contract
DI Other: � IVY !JW Y �
Contract Effective Date: `�� � � n Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: 6 t epartment: Uhl V\
Detail: (i.e. address, location, parcel number, tax id, etc.):
5 Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/0$
SPECIAL USE PERMIT
Issued to CITY OF KENT, WASHINGTON
by KING COUNTY For Incidental Evening
Use and Limited Day Use of Kent/James Street Park and Ride
WHEREAS, the City of Kent wishes to secure evening parking rights at the King
County James Street Park and Ride in Kent to address overflow parking by visitors
to events at the ShoWare Center at Kent; and
WHEREAS, King County wishes to secure day use of the ShoWare Center Parking
Lot to address overflow parking by visitors to the Maleng Regional Justice Center;
NOW THEREFORE, the Parties agree as follows:
BASIC PROVISIONS
Permittee: City of Kent, Washington, a municipal corporation of the State of
Washington
Property for which this Special Use Permit Is Issued: Kent/James Park-and-
Ride. LOT 2 of CITY OF KENT SHORT PLAT NO. SP-2001-09 (KING CO METRO
PARK& RIDE SHORT PLAT) RECORDING NO 20030206900004 (BEING A PORTION
OF NE QTR NW QTR STR 24-22-04), PARCEL NUMBER 2422049191 (Property). A
depiction of the Property is attached hereto as Exhibit A and made a part hereof.
Permittee Address and Contact Information:
City of Kent
Attn: Facilities Manager
220 Fourth Avenue south
Kent, WA 98032
King County Address and Contact Information:
King County
Attn: Manager, Real Estate Services Section
King County Administration Building
500 Fourth Avenue, Room 500
Seattle, WA 98104
Permitted Use: Surface parking only, and related pedestrian use, for employees
and visitors to events of the City of Kent ShoWare Center, generally from 5:30 p.m.
to 2:30 a.m. on weekdays and from 7:00 a.m. to 2:30 a.m. the following day on
Saturdays, Sundays, and holidays recognized by King County, only on the dates
identified in the Event List (defined below). Permittee shall limit its use of the
Property to only those times and activities specified in this Permit.
SPECIAL USE PERMIT - 1
Between King County&City of Kent Re: James St Park-n-Ride
Benefit to King County: The Permitted Use will provide a mutual benefit to King
County through issuance to the County by the Permittee of a companion special use
permit for day use of the City of Kent ShoWare Center parking lot for overflow
visitor parking for the Norm Maleng Regional Justice Center (the "ShoWare Center
at Kent Permit").
Permit Start Date: March 1, 2009
Permit End Date: December 31, 2013
TERMS AND CONDITIONS
1. PERMIT REVOCATION: Except as otherwise provided herein, this
Permit is revocable at any time by King County upon 18 months advance written
notice; provided that King County may revoke on shorter notice (not less than 30
days in advance of the revocation date) if required by the Federal Transit Agency
because of a public transit need for the Property. The right to revoke is expressly
reserved to King County (herein "County" or "King County").
2. INDEMNITY AND HOLD HARMLESS: The Permittee for itself, its
successors and assigns, shall defend, indemnify, and hold harmless King County, its
appointed and elected officials, and employees from and against liability for all
claims, demands, suits, and judgments including costs of defense thereof for injury
to persons, death, or property damage which is caused by, arises out of, or is
incidental to Permittee's exercise of rights and privileges granted by this Permit, but
only to the extent of Permittee's negligence or willful misconduct. The Permittee's
obligation under this section shall include: a) the duty to promptly accept tender of
defense and provide defense to the County at the Permittee's own expense; b)
indemnification of claims made by the Permittee's own employees or agents; and c)
waiver of the Permittee's immunity under the industrial insurance provisions of Title
51 RCW, which waiver has been mutually negotiated by the parties.
In the event it is necessary for the County to incur attorney's fees, legal
expenses, or other costs to enforce the provisions of this section, all such fees,
expenses, and costs shall be recoverable from the Permittee.
In the event it is determined that RCW 4.24.115 applies to this Permit, the
Permittee agrees to defend, hold harmless, and indemnify King County to the
maximum extent permitted thereunder, and specifically for its negligence
concurrent with that of King County to the full extent of Permittee's negligence.
Permittee agrees to defend, indemnify, and hold harmless King County for claims
by Permittee's employees and agrees to waiver of its immunity under Title 51 RCW,
which waiver has been mutually negotiated by the parties.
3. ANTI-DISCRIMINATION: In all hiring or employment made possible or
resulting from this Permit, there shall be no discrimination against any employee or
applicant for employment because of race, color, ancestry, religion, national origin,
age, sex, sexual orientation, marital status, or the presence of any sensory, mental
or physical handicap in an otherwise qualified handicapped person unless based
SPECIAL USE PERMIT - 2
Between King County&City of Kent Re, James St Park-n-Ride
upon a bona fide occupational qualification, and this requirement shall apply to but
not be limited to the following: employment, advertising, lay-off or termination,
rates of pay or other forms of compensation, and selection for training including
apprenticeship. No person shall be denied, or subjected to discrimination in receipt
of the benefit of any services or activities made possible by or resulting from this
Permit on the grounds of race, color, ancestry, religion, national origin, age (except
minimum age and retirement provisions), sex, sexual orientation, marital status,
parental status, the presence of any sensory, mental or physical handicap, or the
use of a trained guide-dog by a blind or deaf person. Any violation of this provision
shall be considered a violation of a material provision of this Permit and shall be
grounds for cancellation, termination or suspension in whole or in part of the Permit
by the County, and may result in ineligibility for further County permits.
4. PERMITTED USE: Permittee shall limit its use of the Property to only
those activities specified in this Permit. Permittee shall take measures to ensure
that its patrons are discouraged from using the adjacent King County Park and Ride
lot, known as the "small lot" or Lot 1 (also depicted on Exhibit A).
5. NON-EXCLUSIVE RIGHT: This Permit shall not be deemed or
construed to be an exclusive right. It does not prohibit King County from granting
any other permits to other public or private entities, nor shall it prevent King
County from using any public place for any and all public use or affect its
jurisdiction over any part of them; provided, that any such other permits or use by
the County shall not unreasonably interfere with Permittee's use of the Property as
authorized by this Permit.
6. ASSESSMENTS: Permittee shall be required to pay any general or
special assessments incurred by King County, which are directly attributable to or
arising from any actions, occupancy, or usage authorized herein.
7. TERMINATION BY PERMITTEE: The Permittee may terminate the
Permit by written notice to the Manager of Real Estate Services Section upon first
giving not less than eighteen (18) months prior written notice.
8. RETURN OF PREMISES: Permittee shall construct no improvements on
the Property without prior written approval of King County. If such improvements
are authorized, upon revocation, termination, or abandonment, the Permittee shall
remove, at Permittee's expense, any facilities placed on the Property by the
Permittee, and restore the Property to a condition which is equivalent in all respects
to the condition existing prior to installation of the facilities. If the Permittee has not
accomplished removal and restoration at the end of a ninety-day period following the
effective date of revocation, termination, expiration, or abandonment, King County
may accomplish all of the necessary work and charge all of the costs to the
Permittee.
9. REPAIRING DAMAGE BY PERMITTEE: In the event that damage of any
kind is caused by the Permittee in the course of making use of the Property
(beyond normal wear and tear) authorized by this Permit, Permittee shall repair
SPECIAL USE PERMIT - 3
Between King County&City of Kent Re, James St. Park-n-Ride
said damage at its sole cost and expense. Repair work shall begin without delay
and continue without interruption until completed. If damage is extensive, the time
allowed for repair will be prescribed by the County agent. If the County determines
it is necessary, the County may accomplish the work and charge all the costs to the
Permittee. Nothing in this section shall relieve the Permittee of duties under Terms
and Conditions No. 2 above.
10. ABATEMENT OF UNSAFE CONDITIONS: The County may do, order, or
have done all work considered necessary to restore to a safe condition any area
described in Permit that exists in a condition dangerous to life or property. Nothing
in this section shall relieve the Permittee of duties under Terms and Conditions No.
2 above.
11. RIGHTS AND OBLIGATIONS RESERVED TO COUNTY: The County
reserves the right to use, occupy, and enjoy its Property for such purposes as it
shall desire including, but not limited to, constructing or installing structures and
facilities on the Property, or developing, improving, repairing or altering the
Property. The parties acknowledge that transit riders may elect to park on Lot 2
and that such uses will be permitted at all times; other than such transit rider use,
the County agrees that it will not reduce, temporarily or permanently, the total
number of parking spaces on confirmed event days below 550 during the
established Property use time frames for that event. The County shall maintain the
Property in its "as is" condition, subject to regular wear and tear, which
maintenance, shall include regular tree and brush trimming and removal, quarterly
surface sweeping, monthly litter control, and maintenance of all light fixtures;
provided however that the County is under no obligation to re-stripe, resurface,
seal-coat, joint seal, undertake curb or paving repair or slab replacement of Lot 2
during the term of this Permit. The County is under no obligation to perform any
adverse weather response to Lot 2 including but not limited to snowplowing,
sanding or other activity; however, the City is authorized to perform that activity
when necessary.
12. OTHER APPLICABLE LAWS: Issuance of this Permit does not in any
way relieve the Permittee from complying with any other applicable laws in
performing the work or making use of the Property as authorized by this Permit.
13. AMENDMENTS: This Permit may be amended only by written
agreement of King County and the Permittee.
14. TITLE: This Permit grants only the right to use King County's interest
in the Property, and the granting of this Permit is not a warranty that good title to
any specific property is vested in King County.
15. CONDITION OF PROPERTY: Prior to March 15, 2009, the Permittee will
inspect the Property and prepare a report of that inspection. The Permittee
understands and agrees that the Property is taken for its use, as described in the
inspection report, in its "AS IS" condition and that King County has no obligation to
the Permittee to make any changes, improvements, or to incur any expense
SPECIAL USE PERMIT - 4
Between King County &City of Kent Re, James St Park-n-Ride
whatsoever for environmental and/or other problems associated with the Property
to facilitate Permittee's authorized use of the Property. The Permittee shall be
responsible for the condition of the sidewalk that abuts and serves the Property.
16. ASSIGNMENT: The Permittee shall not assign any of its rights under
this Permit without the prior written consent of the County.
17. SPECIAL TERMS AND CONDITIONS:
a. Event List. Not later than November 15 of each year this Permit is in
effect, the Permittee shall, provide King County for its review and
approval (in writing) a preliminary list of not to exceed 125 days in the
following calendar year (January 1 - December 31) that will require the
use of the Property for evening overflow parking between the hours of
5:30 p.m. and 2:30 a.m. (Event List). For events in 2009, the
preliminary Event List shall be provided on or before March 15, 2009.
The County will confirm its approval of the Preliminary Event List
within 15 days of receipt. The Permittee shall confirm all event dates
as soon as possible, but in any event not less than thirty (30) calendar
days in advance of any booked event. The Event List shall identify the
event booked at the ShoWare Center associated with each requested
date of use, as specifically as possible as that information becomes
available. The Permittee shall only authorize use of the Property on
the approved dates specified and confirmed on the Event List. Nothing
in this section, however, authorizes King County to approve or deny
any event based on the nature of the proposed event or its content;
King County's approval or denial shall solely be based on its projected
parking needs or other scheduled use of the Property on any given
date.
b. Daytime Events. Up to twenty (20) of the events allowed by
subsection 17(a) above, may occur between the hours of 7:00 a.m.
and 2:30 a.m. of the following day. On those days only, the surface
parking rights provided to Permittee will commence after 11:00 a.m.,
but only on daytime event days.
C. Annual Permit Fee. The Permittee shall pay the amount of $1,968.75
annually (Annual Fee) for the use of the Property, (exclusive of the
initial permit processing fee of $500). The fee for 2009 shall be paid on
or before March 15. The Fee for subsequent years shall be paid
annually on or before December 31st.
d. Additional Events. In the event the Permittee desires to schedule
either tentative or firm dates of use for the Property in addition to
those identified on the approved Event List, the Permittee shall provide
King County written notice of such request not less than thirty (30)
days in advance. King County shall allow use of the Property for such
purposes so long as they are consistent with the scope of use
SPECIAL USE PERMIT - 5
Between King County&City of Kent Re, James St. Park-n-Ride
otherwise permitted herein and so long as King County has not issued
any other special use permits for the Property for such dates and
times. King County shall within fifteen (15) calendar days provide
notification in writing to the Permittee whether or not King County has
approved the Additional Event. If an event is so approved, the
Additional Event shall be deemed added to the Event List, and use of
the Property on such approved Additional Event day(s) shall be subject
to and conditioned upon the incorporation of each and every term
contained in this Permit. The Permittee shall pay $15.75 for each
Additional Event day in which the total number of approved event days
exceeds 125 days of use. Additional Event fees, if any, shall be paid in
arrears twice each year, on June 30th and December 31st. Nothing in
this section, however, shall prohibit the County and Permittee, by
mutual written agreement, to add or amend event days on shorter
notice.
e. Remittance of Fee Upon Revocation or Termination of Permit. If
the Permit is revoked or terminated prior to the end of a year, the
Annual Fee shall be prorated based on the number of days the Permit
was in effect in the current year and King County shall return any
amounts paid by Permittee for the remainder of the year less any
Additional Event Fees owing.
f. Additional Conditions of Use.
1. No structure shall be constructed or installed on the Property.
2. Event parking and/or activities shall not obstruct transit
operations, passenger boarding and/or bus layover, on the
Property and on any adjacent property owned by King County, if
any.
3. The Permittee shall not place, or allow placement of, any
materials, displays, stands, (other than temporary parking and
directional signage) or equipment on the Property without prior
written approval from King County.
4. The Permittee shall provide its own trash receptacles and shall
be responsible for cleaning-up, removing and disposing of all
debris and materials associated with its use after each Permittee
event to an off site location, including cleaning up, removing
and disposing of all debris from in and around the landscaped
areas, including without limitation any advertising flyers or other
pamphlets that are distributed during any event or placed on
parked vehicles.
5. If Permittee desires to extend the Term of this Permit, the
Permittee must make a written request to, and approved in
writing by, King County and, in the sole and absolute discretion
SPECIAL USE PERMIT - 6
Between King County&City of Kent Re, James St. Park-n-Ride
of King County, a new special use permit may be issued, or an
amendment made to this Permit, or some other type of
agreement executed prior to the expiration of the Term of this
Permit.
6. The Permittee shall use its best efforts to keep the traveled
roadways and sidewalks immediately adjacent to the Permit
Property open and unimpeded at all times during its authorized
use of the Permit Property.
7. The Permittee shall be responsible for providing appropriate
measures for insuring the safety of pedestrians and vehicles to
and from the ShoWare Center including, but not limited to,
providing adequate lighting, temporary signage, cones and
flaggers. All traffic controls shall comply with the Manual on
Uniform Traffic Control Devices ("MUTCD") or the local
jurisdiction's traffic control requirements that would supersede
the King County's MUTCD.
B. The Permittee shall be responsible at its own cost and liability
for providing security and protection during events, as
necessary, to protect against injuries to people, including death,
and theft, damage or loss to equipment, materials,
improvements and any other property, personal or real, during
the Term. The Permittee shall not allow any vehicle on the
Property that exceeds 10,000 pounds in weight.
9. The Permittee's use of the Property shall not damage nor in any
way interfere with King County's use of the Property as a park
and ride lot or the use of the Property by transit passengers as a
park and ride lot. Permittee shall not use the driver comfort
station located on Lincoln Street, which is only for use by King
County Metro Transit operators. The Permittee shall not have
the right to tow any King County Metro Transit passenger
vehicles which may still be using the Property during any Event.
10. Permittee shall undertake no activities inconsistent with the
terms of this permit on the Property without prior written
approval of the County.
g. Environmental Indemnification. The Permittee further agrees, for
itself, its successors and assigns, to defend, indemnify and hold
harmless the King County from and against any and all environmental
problems, including the cost of defense related thereto, which arise
from, in connection with or incident to the acts or omissions of
Permittee, its appointed and elected officials, employees, agents and
contractors (hereinafter, "Permittee actors") in the exercise of
Permittee's rights and privileges granted by this Permit or the
SPECIAL USE PERMIT - 7
Between King County &City of Kent Re: James St. Park-n-Ride
Permittee's use of, or activities on, the Property or any surrounding
King County property. By way of example only, the obligations of the
Permittee under this section shall include, but are not limited to, (a)
the cost of removing and disposing of any pre-existing Hazardous
Substances uncovered in the course of the activities by Permittee
actors under this Permit, related permits or activities as may be
required by law; (b) the cost of taking necessary steps to comply with
and paying penalties assessed for failure to comply with the provisions
of any federal, state or local environmental statutes, ordinances or
regulations. Futhermore, Permittee shall notify the King County Real
Estate Services Section Permit & Franchise Unit and any other public
agency as required by law, in the event the Permittee or its
contractors obtain knowledge of any environmental problems on the
Property. For purposes of this Permit, the term "environmental
problems" shall mean any claim, complaint, demand, action, cause of
action, suit, loss, contribution action, action by an instrumentality of a
federal, state or local government, cost, damage, fine, penalty,
expense, judgment or liability of any kind which directly or indirectly
relates to noise or the existence, use, release, threatened release,
leakage, spillage, discharge, disturbance, dispersal, movement,
uncovering, treatment, handling, storage, transport, or disposal of
Hazardous Substance(s), whether in, on, into, onto or from soil,
surfaces, improvements, air, surface water, or ground water.
1. For the purposes of this Permit, "Hazardous Substances," shall
include:
L Any toxic substances or waste, sewage, petroleum
products, radioactive substances, heavy metals, medical,
corrosive, noxious, acidic, bacteriological or disease-
producing substances; or
ii Any dangerous waste or hazardous waste as defined in:
a. Washington Hazardous Waste Management Act as
now existing or hereafter amended (RCW Ch.
70.105); or
b. Resource Conservation and Recovery Act as now
existing or hereafter amended (42 U.S.C. Sec.
6901 et seq.) or
iii. Any hazardous substance as defined in:
a. Comprehensive Environmental Response,
Compensation and Liability Act as now existing or
hereafter amended (42 U.S.C. Sec. 9601 et seq. or
SPECIAL USE PERMIT - 8
Between King County &City of Kent Re* James St Park-n-Ride
b. Washington Model Toxics Control Act as now
existing or hereafter amended (RCW Ch. 70.105D);
or
iv. Any other pollutants, contaminants, substances, or
materials posing a danger or threat to public health or
welfare, or to the environment, which are regulated or
controlled by any federal, state and local laws and
regulations now or hereafter amended.
2. The Permittee's obligations contained in this Section g. shall
survive any termination or expiration of this Permit and any
subsequent transfer by King County of its interest in the
Property.
h. Permit Conditioned on ShoWare Center Day Use Parking
Agreement. This Permit is issued expressly in consideration of the
agreement of Permittee to issue County a special use permit granting
the County the right to use the ShoWare Center parking lot from 7:00
a.m. to 5:30 p.m. daily, as overflow parking for the Maleng Regional
Justice Center, as further described in that certain Special Use Permit
for ShoWare Center Parking Lot Day Use, dated as of March 1, 2009
between Permittee and County (MRJC Parking Permit). In the event,
for any reason whatsoever, the Permittee terminates the MRJC Parking
Permit, King County shall have the absolute right to terminate this
Permit. Notwithstanding the Termination Notice provided in Section 1
above, King County may terminate this Permit to coincide with the
date that the Permittee terminates the MRJC Permit.
i. Insurance Required. Permittee is a self-insured governmental
entity. Permittee agrees to maintain commercial general liability
insurance, including personal injury and property damage, in an
amount of at least one million dollars ($1,000,000.00) per occurrence.
This requirement may be satisfied by self-insurance (to be evidenced
by a letter from Permittee).
P\Civil\Files\OpenFiles\1071\SpecialUsePemit-KentUselamesStParkNRide021009CLEAN doc
SPECIAL USE PERMIT - 9
Between King County &City of Kent Re: James St Park-n-Ride
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KING COUNTY
Department of Construction and Facilities Management
Property Services Division
500 King County Administration Building
500 Fourth Avenue
Seattle, WA 98104 (206) 296-7456 FAX 296-0196
SPECIAL USE PERMIT
Use of County Owned Property
PERMIT NUMBER 5-5-09 FILE NO DATE O1/27/2009
PERMITTEE:
CITY OF KENT - FACILITIES MANAGER I
220 FOURTH AVENUE SOUTH
KENT, WA 98032-
DAY PHONE
OTHER/FAX PHONE.
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PURPOSE
TO USE A PORTION OF KING C0UNT•Y TRANSIT PARK & RIDE FOR SURFACE PARKING AND
RELATED PEDESTRIAN USES FOR EVENTS HELD AT THE CITY OF KENT EVENT CENTER
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LEGAL DESCRIPTION 1/4 Sec Twp Rge Account No. Kroll Page
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NW 24 22 04 621W
KENT PARR & RIDS LOT #2 PARCEL #242204-9191
WITHIN THE BOUNDARIES OF THE ABOVE REFERENCED PARCEL.
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EXPIRATION. This permit shall not be valid for mor�e��than
,/�S YEARS 2
and expires on the 31ST day of aA Cam-=_Z' 4 ��J
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PERMIT FEE $ 500 00 INSPECTION FEE $ 0 00
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ADMINISTRATIVE FEE $ 0 00 PLAN REVIEW FEE $ 0 00
LAND USE FEE- $ 9,643.75 OTHER FEE $ 0.00
BOND AMOUNT: $ 0.00 INSURANCE AMOUNT- $ 1,000,000.00
Permittee MUST notify NANCY GORDON AT: 675-1411
AT LEAST 72 HOURS PRIOR TO BEGINNING WORK AND IMMEDIATELY UPON COMPLETION
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By this permit King County authorizes the use of the above described
property
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Custodial Approval Date
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Property services Approval Date
The Permittee agrees to comply with the terms and conditions contained
herein
SEE REVERSE SIDE FOR TE qH CONDITION
signature of Permittee / Date �7
I AID
NOTE Permit not valic necessary signatures and expiration date
Ordinance 4099, King County Code 14 46
REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
W A 5 H IN G T O N
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator , �� -�,tl 1 `t{((�`Xu'�L Phone (Originator)
Date Sent: �I}� ��, Date Required.
Return Signed Document to CONTRACT TERMINATION DATE: ,'��l'j7j
VENDOR NAME: ,i �� ��i f t-1� / DATE OF COUNCIL APPROVAL:
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Brief Explanation of Document:
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All Contracts Must Be Routed Through the Law Department
(This Aiea to be Completed By the Law Department)
Received 1
Approval of Law Dept
Law Dept. Comments 2
�7
Date Forwarded to Mayor: ?-1 11 l� /1V
Shaded Areas to Be Completed by Administration Staff
Received:
(9 l
Recommendations & Comments:
Disposition:
Date Returned
Ia-e5870 • 3/05