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HomeMy WebLinkAboutAD09-118 - Original - King County - Special Use Permit for ShoWare Center & Kent/James St. Park and Ride - 03/01/2009 Records M tt emery ) KENT MR Document WASHINGTON v 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: Vendor Number: JD Edwards Number Contract Number: ADD91-11 3 This is assigned by City Clerk's Office Project Name: �aW& V214 - i6� Description: ❑ Interloc� reement 1hange. rder ❑ Amendment ❑ Contract 19Other: Contract Effective Date: ) I� Termination Date: 3 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: 6 ,Department: Detail: (i.e. address, location, parcel number, tax id, etc.): w C i11 3/a 1�9 S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 SPECIAL USE PERMIT Issued to KING COUNTY, WASHINGTON by CITY OF KENT For Weekday Use of the ShoWare Center at Kent Parking Lot WHEREAS, the City of Kent wishes to secure evening parking rights at the King County 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 provide additional employee and visitor parking for current needs at the Norm Maleng Regional Justice Center (RIC); NOW THEREFORE, the Parties agree as follows: BASIC PROVISIONS Permittee: King County, Washington, a municipal corporation of the State of Washington Property for which this Special Use Permit Is Issued: 450 parking stalls on the east side and south side of the ShoWare Center, legally described as: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON, LYING EAST OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY RIGHT-OF-WAY. EXCEPT THE SOUTH 33 FEET THEREOF, FOR STRET PURPOSES CONVEYED TO THE CITY OF KENT UNDER DEED RECORDED UNDER AUDITOR'S FILE NO. 5660747 AND LYING SOUTHEASTERLY OF THAT PORTION CONVEYED TO STATE OF WASHINGTON FOR PSH NO. 5 BY DEED RECORDED UNDER AUDITOR'S FILE NO. 5944140 AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF KENT BY DEED RECORDED JUNE 20, 1969 UNDER AUDITOR'S FILE NO. 6527771 TOGETHER WITH THAT PORTION OF THE SOUTH QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EAST LINE OF PSH NO. 5 AS CONDEMED IN THE KING COUNTY SUPERIOR COURT CAUSE NO 647499, LESS THE EAST 60' FOR 5T" AVENUE NORTH, TOGETHER WITH THAT PORTION OF VACATED 5T" AVENUE NORTH AS VACATED BY CITY OF KENT ORDINANCE 1877 (Property). A depiction of the Property is attached hereto as Exhibit A and made a part hereof. Permittee Address and Contact Information: King County Attn: Manager, Real Estate Services Section King County Administration Building 500 Fourth Avenue, Room 500 Seattle, WA 98104 SPECIAL USE PERMIT - 1 Between City of Kent &King County Re, ShoWare Center City of Kent Address and Contact Information: City of Kent Attn: Facilities Manager 220 Fourth Avenue South Kent, WA 98032 Permitted Use: Surface parking only, and related pedestrian use, for employees and visitors to the RIC in its current use and configuration from 7:00 a.m. to 5:30 p.m. weekdays, except for King County legal holidays and the days on which the ShoWare Center will conduct special daytime events, which daytime events shall not exceed 20 annually. Permittee shall limit its use of the Property to only those times and activities specified in this Permit. Benefit to City of Kent: The Permitted Use will provide a mutual benefit to the City of Kent through issuance to the City by the County of a companion special use permit for evening and limited day use of the King County James Street Park and Ride lot for overflow visitor parking for the ShoWare Center (the "James St. Park and Ride 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 the City of Kent upon 18 months advance written notice. The right to revoke is expressly reserved to the City of Kent (herein "Kent" or "City of Kent"). 2. INDEMNITY AND HOLD HARMLESS: The Permittee for itself, its successors and assigns, shall defend, indemnify, and hold harmless City of Kent, 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 City 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 City of Kent 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. SPECIAL USE PERMIT - 2 Between City of Kent&King County Re. ShoWare Center In the event it is determined that RCW 4.24.115 applies to this Permit, the Permittee agrees to defend, hold harmless, and indemnify City of Kent to the maximum extent permitted thereunder, and specifically for its negligence concurrent with that of City of Kent to the full extent of Permittee's negligence. Permittee agrees to defend, indemnify, and hold harmless City of Kent 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 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 City of Kent, and may result in ineligibility for further City of Kent permits. 4. PERMITTED USE: Permittee shall limit its use of the Property to only those activities specified in this Permit. 5. NON-EXCLUSIVE RIGHT: This Permit shall not be deemed or construed to be an exclusive right. It does not prohibit the City of Kent from granting any other permits to other public or private entities, nor shall it prevent the City of Kent 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 City of Kent 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 the City of Kent, 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 City of Kent's Facilities Manager 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 SPECIAL USE PERMIT - 3 Between City of Kent &King County Re, ShoWare Center a 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 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 City of Kent agent. If the City of Kent determines it is necessary, the City of Kent 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 City of Kent 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 CITY OF KENT: The City of Kent 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; however, except as provided in Section 17(a), the City of Kent may not reduce, temporarily or permanently, the total number of parking spaces below 450. The City of Kent 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, maintenance of all light fixtures; provided however that the City of Kent is under no obligation to re-stripe, resurface, seal-coat, joint seal, undertake curb or paving repair or slab replacement during the term of this Permit. The City is under no obligation to perform any adverse weather response, including but not limited to snowplowing, sanding, or other activity; however, the County 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 the City of Kent and the Permittee. SPECIAL USE PERMIT - 4 Between City of Kent&King County Re* Showare Center 14. TITLE: This Permit grants only the right to use the City of Kent'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 the City of Kent. 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 the City of Kent has no obligation to the Permittee to make any changes, improvements, or to incur any expense whatsoever for environmental and/or other problems associated with the Property to facilitate Permittee's authorized use of the Property. 16. ASSIGNMENT: The Permittee shall not assign any of its rights under this Permit without the prior written consent of the City of Kent. 17. SPECIAL TERMS AND CONDITIONS: a. Daytime Events. The City of Kent may conduct up to twenty (20) all- day events annually. These all-day events will be coordinated with Permittee as provided in the James St. Park and Ride Permit (e.g., such dates shall be placed on the preliminary event list and confirmed not less than 30 days in advance, as more specifically described in Sections 17.a and .b of the James St. Park and Ride Permit). On those days only, these surface parking rights will not be available to Permitte. b. Additional Conditions of Use. 1. No structure shall be constructed or installed on the Property. 2. RJC parking and/or activities shall not obstruct the City of Kent's use of the remaining ShoWare Center property or the use of any adjacent property owned by the City of Kent, if any. 3. The Permittee shall not place, or allow placement of, any materials, displays, stands, or equipment on the Property without prior written approval from the City of Kent. 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 to an off site location at least once each week provided that clean-up shall not occur within 24-hours of a scheduled event at the ShoWare Center, it being the intent of the parties that the City shall have responsibility for cleaning the Premises following events. The Permittee's weekly cleaning responsibilities shall include cleaning up, removing and disposing of all debris from in and SPECIAL USE PERMIT - 5 Between City of Kent&King County Re, ShoWare Center 4 around the landscaped areas, including without limitation any advertising flyers or other pamphlets 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, the City of Kent and, in the sole and absolute discretion of the City of Kent, 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 Property. 7. The Permittee shall be responsible for providing appropriate measures for insuring the safety of pedestrians and vehicles to and from the RJC 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. 8. The Permittee shall be responsible at its own cost and liability for providing security and protection, 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. Except as provide in this Permit, the Permittee's use of the Property shall not damage nor in any way interfere with the City of Kent or its visitor's use of the Property as an event center. Permittee shall not use the ShoWare Center's indoor facilities, which are only for use by ShoWare patrons and employees. The Permittee shall not have the right to tow any City of Kent or SMG vehicles which may still be using the Property during the time of Permittee's permitted use. 10. Permittee shall undertake no activities inconsistent with the terms of this Permit on the Property without prior written approval of the City of Kent. C. Environmental Indemnification. The Permittee further agrees, for itself, its successors and assigns, to defend, indemnify and hold SPECIAL USE PERMIT - 6 Between City of Kent&King County Re. ShoWare Center harmless the City of Kent 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 Permittee's use of, or activities on, the Property or any surrounding City of Kent 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 City of Kent Facilities Manager 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: i. 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 SPECIAL USE PERMIT - 7 Between City of Kent&King County Re: ShoWare Center 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 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 c. shall survive any termination or expiration of this Permit and any subsequent transfer by the City of Kent of its interest in the Property. d. Permit Conditioned on ShoWare Center Day Use Parking Agreement. This Permit is issued expressly in consideration of the agreement of Permittee to issue the City of Kent a special use permit granting the City of Kent the right to use Lot 2 of the King County James Street Park and Ride parking lot from 5:30 p.m. to 2:30 a.m. on the dates identified on the Event List incorporated into that permit, as further described in the James St. Park and Ride Permit, dated as of March 1, 2009 between Permittee and the City of Kent. In the event, for any reason whatsoever, the Permittee terminates the James St. Park and Ride Permit, the City of Kent shall have the absolute right to terminate this Permit. Notwithstanding the Termination Notice provided in Section 1 above, the City of Kent may terminate this Permit to coincide with the date that the Permittee terminates the James St. Park and Ride Permit. e. 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). SPECIAL USE PERMIT - 8 Between City of Kent&King County Re: ShoWare Center IN WITNESS, the parties below have executed this Permit, which will become effective on the last date written below. KING COUNTY: CITY OF KENT: By: By: (signature) (signature) Print Name: Print a e: S zette Cooke Its Its Mayor (title) DATE: DATE: �> o APPROVED AS TO FORM: APPROVED AS TO FORM: /lil 6L King County Prosecutor's Office Ke t Law Department P\Civil\Flles\OpenFlles\1D71\SpeclalUsePermit-KmgCtyUseEventsCenterFINAL doa SPECIAL USE PERMIT - 9 Between City of Kent& King County Re- ShoWare Center ■ �1 I / C'l 1 ll• I - IA ffam - ks— JIM u.■r. �� � E REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill In All Applicable Boxes WASHINGTO' Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator it;�; �f ;lip , Phone (Originator) r ' Date Sent !�,�i) � Date Required �V� Return Signed Document to CONTRACT TERMINATION DATE: VENDOR NAME: a i�4 �'� t DATE OF COUNCIL APPROVAL: r 1 Brief Explanation of Document- � tit All Contracts Must Be Routed Through the Law Department (this Atea to be Co npleted 6y the Law Department) Received " -'1 � Approval of Law Dept. Law Dept. Comments Date Forwarded to Mayor 91 Shaded Areas to Be Completed by Administration Staff Received: Recommendations & Comments- Disposition: Gliv OE K�K Date Returned Iage58:0 • 3i05