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HomeMy WebLinkAboutPW09-131 - Original - Montessori Plus School - Overflow Parking for School - 04/22/2009 ecords M = eme KENT WASHINGTON Document Je; 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: Montessori Plus School Vendor Number: JD Edwards Number Contract Number: PW09-131 This is assigned by City Clerk's Office Project Name: Overflow Parking for the School Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract M Other: LEASE AGREEMENT Contract Effective Date: 4/22/2009 Termination Date: 4/1/2014 Contract Renewal Notice (Days): 5 yrs Number of days required notice for termination or renewal or amendment Contract Manager: Water Supt Department: Public Works Detail: (i.e. address, location, parcel number, tax id, etc.): Lease of 9 parking spaces on City property located at 23825 98" Ave S. CM 4/21/2009 S'Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WP9 XINp TON LEASE AGREEMENT THIS LEASE is made by and between the CITY OF KENT, a Washington municipal corporation ("Landlord") and MONTESSORI PLUS SCHOOL AND TEACHER PREPARATION OF WASHINGTON, a Washington non-profit corporation ("Tenant"). BACKGROUND A. Landlord is the owner in fee simple of real property located at 23825 - 98th Avenue South in the City of Kent, Washington (the "Property"). Tenant operates a school out of real property located adjacent to the Property at 23807 - 98th Avenue South in the City of Kent, Washington, and legally described in Exhibit A (the "Tenant's Site") attached and incorporated herein. Tenant desires to lease that portion of the Property legally described in the attached Exhibit B (the "Premises") for use as overflow parking for the Tenant's Site. AGREEMENT In consideration of their mutual covenants, the Landlord and Tenant agree as follows: 1. LEASED PREMISES. Landlord leases to Tenant for the benefit of the Tenant's Site the non-exclusive use of the Premises for overflow parking purposes. Tenant's use is non-exclusive in two regards: a) Landlord currently leases portions of the Property to entities that use the Premises for ingress and egress, and b) Landlord will also use the Premises for ingress, egress, and parking. 2. TERM AND OPTION TO RENEW. A. This Lease shall be for a term of five (5) years and shall commence upon the first day of the month following completion of the improvements LEASE AGREEMENT - Page 1 of 8 April 3, 2009 (between City of Kent and Montessori Plus School and Teacher Preparatlon of WA) described in Sections 4 and 5 (Commencement Date). This Lease shall end on the date that is one day before the five year anniversary of the Commencement Date. Additionally, so long as Tenant is not in default of this Lease, Tenant shall have the option to renew this Lease for one (1) additional five (5) year period subject to the adjustment of Monthly Rent as described in Section 3. Should Tenant exercise its option to renew this Lease, that option must be exercised in writing and delivered to Landlord at least ninety (90) calendar days before the end of the then current term. 3. RENT. A. Tenant agrees to pay Landlord as Monthly Rent, without notice or demand, the sum of One Hundred Forty Four and 00/100 Dollars ($144.00), which is based on Tenant using nine (9) parking spaces, calculated at Sixty Four and 00/100 Dollars ($64.00) per space, 25% of the time. In addition, Tenant shall pay leasehold tax, if required by law, at a rate established by the State of Washington, currently 12.84%. These Monthly Rent amounts shall be paid on the Commencement Date, and subsequently in advance, on or before the first day of the month during the term. Monthly Rent shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Financial Services. This Monthly Rent shall be paid by Tenant regardless of whether Tenant uses each parking stall. B. Tenant shall pay Landlord a late payment charge equal to five percent (5%) of the Monthly Rent for any payment not paid within five (5) calendar days of when due. Any amounts not paid when due shall bear interest until paid at the rate of one percent (1%) per month. C. The Monthly Rent during years two (2) through five (5) of each five (5) year term shall be increased 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, U.S., All LEASE AGREEMENT- Page 2 of 15 April 3, 2009 (between City of Kent and Montessorl Plus School and Teacher Preparatlon of WA) Items base reriod 1982-84=100 Not Seasonally Adjusted U.S. City Average, 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. D. (i) The Landlord may periodically perform a study to determine the number of parking spaces being used by Tenant and the percentage of time Tenant is using those parking spaces (Parking Space Count) to determine whether Tenant's actual usage is consistent with using nine (9) stalls 25% of the time. The Parking Space Count may be performed either manually or by video, up to 2 times annually. Landlord shall prepare a report from the Parking Space Count (Parking Space Report), and provide a copy of same to Tenant. (ii) From the Parking Space Report, Landlord shall adjust the Monthly Rent in section 3.A. if the Parking Space Report shows either an increase or decrease of at least five (5) % from the original calculation described in 3A, or a subsequently adjusted amount. The Tenant shall be notified by the Landlord of the Landlord's intent to adjust the Monthly Rent at least twenty (20) days prior to the new Monthly Rent going into affect. (iii) If Tenant disputes the results of the Parking Space Report, Tenant may perform its own Parking Space Count as close as possible to the time and conditions of the Parking Space Count prepared by the Landlord, and provide a copy of Tenant's Parking Space Report to Landlord. Landlord may take into consideration Tenant's Parking Space Report, but the final decision is Landlord's as to Parking Space Reports and adjusting Monthly Rent accordingly. E. Monthly Rent, and all other consideration to be paid or provided by Tenant to Landlord shall constitute Rent and shall be paid or provided without offset. 4. IMPROVEMENTS BY LANDLORD. Landlord shall design, obtain the necessary permits for, and construct the parking area on the Premises, at Landlord's cost, in accordance with the Kent City Code and all other applicable local, LEASE AGREEMENT - Page 3 of 15 April 3, 2009 (between City of Kent and Montessorl Plus School and Teacher Preparation of WA) state, and federal regulations. The Landlord's overflow parking area is depicted in the attached and incorporated Exhibit C. This Lease, however, is contingent upon Landlord obtaining all necessary permits and constructing the parking area. In the event Landlord is unable to obtain permits and construct the parking area as depicted in Exhibit C, this Lease shall become null and void, unless otherwise agreed by the parties. Landlord will provide Tenant with written notice of when construction will be completed. 5. IMPROVEMENTS BY TENANT. Tenant shall design, obtain the necessary permits for, and construct the connection between the Premises and Tenant's Site, at Tenant's cost, in accordance with the Kent City Code and all other applicable local, state, and federal regulations. Tenant must also obtain approval from Landlord's Water Superintendent in the Public Work's Department, for the connection. This Lease is contingent upon Tenant obtaining all necessary approvals, permits, and constructing the connection. In the event Tenant is unable to perform these obligations, this Lease shall become null and void, unless otherwise agreed by the parties. Tenant will provide Landlord with written notice of when construction of the connection will be completed. 6. TAXES. Tenant shall pay any tax that this Lease, or the interest created thereby, may be subject to at any time during the term of this Lease. 7. MAINTENANCE AND REPAIRS. A. The Landlord shall perform all necessary maintenance to be expected for a parking area, including, but not limite& to, sealing, asphalt resurfacing, re-striping, repair of vandalism, clean up of hazardous waste or oil spills, and removal of gang tags or signs and all other gang indicators, consistent with Landlord's maintenance programs for parking areas. B. Landlord shall invoice Tenant for maintenance and repairs performed on the parking lot based on the percentage (%) of usage of the parking spaces described in section 3 of this document. Tenant shall pay the same within thirty (30) days of receipt of the invoice for the same. LEASE AGREEMENT - Page 4 of 15 April 3, 2009 (between City of Kent and Montesson Plus School and Teacher Preparation of WA) S. UNAUTHORIZED USE AND CLOSURE. Tenant shall not have the right to close off or block access to the Premises. Landlord reserves the right to eject or cause the ejection from the Premises any person or persons not authorized to use the Premises pursuant to this Lease. 9. TERMINATION. This Lease shall be terminated prior to the end of the term if any of the following occur: A. Tenant defaults in the payment of Monthly Rent or any other sums payable to Landlord when due, and does not cure such default within fifteen (15) calendar days after written notice from Landlord; B. Tenant abandons or vacates the Premises for a period longer than thirty (30) days; C. Tenant fails, at any time during this Lease to conform or comply with any local land use, regulatory, or building permit conditions issued by the City of Kent in connection with the construction, operation, or maintenance of the Premises. D. Tenant is adjudicated as bankrupt or makes any assignment for the benefit of creditors; E. Tenant becomes insolvent; F. Tenant sells or transfers its interest in Tenant's Site adjacent to the Premises; or G. Either party defaults in the performance of any other covenant or condition of this Lease and does not cure such other default within thirty (30) calendar days after written notice from the non-defaulting party specifying the default at issue; provided, however, that neither party will be in non-monetary default under this subsection if it commences curing such default with such 30-day period and thereafter diligently prosecutes the cure to completion. 10. CURE BY LANDLORD. In the event of any default of this Lease by Tenant, per Section 9, the Landlord may at any time, after notice, cure the default LEASE AGREEMENT - Page 5 of 15 April 3, 2009 (between City of Kent and Montessorl Plus School and Teacher Preparation of WA) for the account of and at the expense of the Tenant. If Landlord is compelled to pay or elects to pay any sum of money or to do any act which will require the payment of any sum of money or is compelled to incur any expense, including reasonable attorney fees in instituting, prosecuting, or defending any action to enforce the Landlord's rights under this Lease, the sums so paid by Landlord, with all interest, costs, and damages shall be deemed to be Additional Rent and shall be due from the Tenant to Landlord on the first day of the month following the incurring of the respective expenses. If Tenant disputes the appropriateness of the Additional Rent in good faith, Tenant will pay such Additional Rent "under protest." Any payment under protest by Tenant shall not be considered an admission of liability or a waiver of Tenant's rights under this Lease, and such payment shall be subject to refund if Tenant's position is upheld by a court. 11. DAMAGES AND ATTORNEY'S FEES. In the event of an instance of Tenant's default as identified in Section 9, Landlord shall be entitled to the amount of unpaid rent accrued through the date of termination and liquidated damages in the amount of the rent that would have been collected through the remainder of the term. If it becomes necessary for the Landlord to use an attorney or bring suit for damages or possession, or if Tenant shall bring any action for any relief against Landlord, 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. 12. RE-DELIVERY. Tenant, at the expiration of the term of this Lease or upon any sooner termination thereof, will, without notice, quit and deliver the Premises to the Landlord peaceably and in as good order and condition as on the Commencement Date, reasonable use and wear excepted. 13. LANDLORD USE, ACCESS FOR WATER MAIN REPAIRS. In the event Landlord's use of the Premises described in Section 1 requires more parking spaces than are available because of use by Tenant, Landlord reserves the right to eject or cause the election of Tenant from the Premises for the duration of Landlord's required use. Landlord has water mains and other utilities located below LEASE AGREEMENT - Page 6 of 15 April 3, 2009 (between City of Kent and Montessori Plus School and Teacher Preparation of WA) ground on the Premises. Should Landlord determine it necessary to repair or maintain the water mains or other utilities during Tenant's lease of the Premises, Tenant understands and agrees to an interruption in its use of the Premises in order to allow such repairs or maintenance to be performed. Tenant will receive a proportional offset in the monthly rental amount for the amount of time Tenant was denied use of the Premises due to use under Section 1.(b) and repair or maintenance work conducted by Landlord. 14. INSURANCE & INDEMNIFICATION. A. Tenant shall procure and maintain for the duration of the Agreement, insurance for the Premises of the types and in the amounts described attached and incorporated b in Exhibit D attac a p y this reference. B. Tenant shall defend, indemnify, and hold Landlord, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Tenant's performance of this Lease, except for that portion of the injuries and damages caused by Landlord's sole negligence. The provisions of this section shall survive the expiration or termination of this Lease. 15. NON-WAIVER OF BREACH. The failure of either party to insist upon strict performance of any of the covenants and agreements contained in this Lease in one or more instances shall not be construed to be a waiver or relinquishment of those covenants and agreements, and the same shall be and remain in full force and effect. 16. HOLDOVER. If the Tenant shall, with the written consent of Landlord, 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, and such tenancy may be terminated upon thirty (30) days written notice by either party. During such holdover tenancy, Tenant agrees to pay to the Landlord the a monthly rental rate of 150% of the Monthly Rent just previous to the holdover tenancy, and to be bound by all of the terms, covenants, and conditions of this Lease. LEASE AGREEMENT - Page 7 of 15 April 3, 2009 (between City of Kent and Montessori Plus School and Teacher Preparation of WA) 17. ASSIGNMENT. This Lease may not be assigned, let, or sublet, in whole or in part without the prior written approval of the Landlord. 18. RESOLUTION OF DISPUTES AND GOVERNING LAW. This Lease shall be governed by and construed in accordance with the laws of the State of Washington. If the parties' representatives are unable to settle any dispute, difference, or claim arising from the parties' performance of this Lease, the exclusive means of resolving that dispute, difference, or claim shall be by filing suit in King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Lease, the substantially prevailing party shall be entitled to recover reasonable attorneys' fees and all costs incurred in connection with such claim or lawsuit; provided, however, nothing in this paragraph shall be construed to limit either party's right to indemnification under Section 14 of this Lease. 19. SUBORDINATION TO MORTGAGE. Any mortgage or deed of trust now or subsequently placed upon any Property of which the Premises are a part shall be deemed to be prior in time and senior to the rights of the Tenant under this Lease. Tenant subordinates all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage or deed of trust. Tenant shall, at Landlord's request, execute any additional documents necessary to indicate this subordination within ten (10) days of written request by Landlord; provided that such documents include provisions by which Landlord's mortgagees agree that Tenant's use and quiet enjoyment of the Premises will not be disturbed so long as Tenant is not in default under this Lease. 20. WRITTEN NOTICE. All communications regarding this Lease shall be sent to the parties at the addresses listed on the signature page of the Lease, unless otherwise notified in writing. Any written notice hereunder shall become effective: (a) three business days after the date of mailing by registered or certified mail; (b) the same day if sent by facsimile; or (c) the next day if sent by reputable overnight courier, and shall be deemed sufficiently given if sent to the addressee at LEASE AGREEMENT Page April 3, 2009 (between City of Kent and Montesson Plus School and Teacher Preparation of WA) the address stated in this Lease or such other address as may be later specified in writing. 21. MODIFICATION. No waiver, alteration, or modification of any of the provisions of this Lease shall be binding unless in writing and signed by a duly authorized representative of Tenant and Landlord. 22. ENTIRE AGREEMENT. The written provisions and terms of this Lease, together with any exhibits attached, shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as forming a part of or altering in any manner this Lease. All of the above exhibits are hereby made a part of this Lease. However, should any language in any of the exhibits to this Lease conflict with any language contained in this Lease, the terms of this Lease shall prevail. TENANT: LANDLORD: MONTESSORI PLUS SCHOOL &TEACHER CITY OF KENT PREPARATION OF WASHINGTON, INC. f e B BY�� - - � (� y: Title: �6tm �5 ��t� Titl . Mayor Date: [f - i ? - f2! D e: 7-2 40 zo6 - 9cq — rgR3 APPROVED AS TO FORM: Kent Law Department NOTICES TO BE SENT TO: TENANT: LANDLORD: Mr. Don McClurkin Water Superintendent Montessori Plus School and City of Kent Public Works Department Teacher Preparation of Washington 220 Fourth Avenue South 23807 98th Avenue South Kent, WA 98032 Kent WA, W8031 Kent A 9 1Q—199 3 (telephone) (253) 856-5600 (telephone) (253) -5-7 (facsimile) (253) 856-6600 (facsimile) LEASE AGREEMENT - Page 9 of 15 April 3, 2009 (between City of Kent and Montessorl Plus School and Teacher Preparation of WA) STATE OF WASHINGTON ) ss. COUNTY OF KING � ) On this day of 2009, before me a Notary Public in and for the State of Washingt I , personally appeared Don McClurkin_, to me known to be the Aft. ,1r elYU4,/ of Montessori Plus School and Teacher Preparation of Washington, a Washington non-profit corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Sea!Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal tlLr:a ` I #year first above written. \3PA,�i'��// RIAaf C�N /// o �o =$tom NOT Y P LIC, in and f r the State ////�' ,i�iii$I QQ��O` `r of Washington, residing at �� C'�U TF My appointment expires °I l�ll�0 STATE OF WASHINGTON ) SS. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing Instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. O bee jA 6Cz5 NOTARY PUBLIC, in and for the State '�,/ of Washington, residing at XI-LZ 6"'''Vir My appointment expires LEASE AGREEMENT - Page 10 of 15 April 3, 2009 (between City of Kent and Montessori Plus School and Teacher Preparation of WA) Exhibit A Lots 2 and 3, City of Kent Short Plat Number SPC-84-10, recorded under Recording Number 8412200589, records of King County, Washington. o� ®o J ,7:a zxslxcs NoV'O '4010 I I Exhibit B Leased Area That portion of Lot 1, Valley Corn Short Plat SP#84-10, recorded under King County Recording Number 8412200589, being a portion of the southeast quarter of the southeast quarter of Section 18, Township 22 North, Range 5 East, W M , lying easterly of the following described line: Commencing at the northeast corner of said Lot 1; thence S89023'07"W, along the north line thereof, 250 00 feet to the TRUE POINT OF BEGINNING of the herein described line; thence S00°36'53"E 25.00 feet to a point of tangency with a 60.00 foot radius circular curve to the left; thence southeasterly, along said curve, through a central angle of 66°15'07", an arc distance of 69.38 feet to the west line of Lot 2 in said short plat and the terminus of the herein described line. Q �'�•�'`spy. t'j Z. 38973 L Il Fad® E9iP3RE3�IOV.I$,Zv)D EXHIH T C - ------ 98 AVE S ----- N01'04'42"E __-- o}---_ 30 or 99 29 99 29' 73 08' 30 0 ' PROPOSED LEASE w AREA LOT 2 LOT 3 iD N LOT 4 N m m m N LO N L N N m w W Z • 0 � o M 00 73 93' O f'1 N _� W `n N in ` N00'45'32"E N m 00 N O m Z i Z d- 0) Lo z I 98.71' 98 71' 1 N01'06'49"E L=69 38' R=6(0 00' A=66'15'07" N00'35'53"W 25 )0' co N LOT 1 rl w VAL COM SHORT PLAT w `t SP# 84-10 N d Z I #8412200589 cG I N 0 m zl N01'0_6'15"E 332 56' LOCATED IN SE1/4 VALLEY COM SE 1 /4 SEC ISO T SHORT PLAT 18-22-05, W.M. KEN CITY OF KENT SCALE =toD' EXHIBIT REF P\SurveAProtecks\238th 98th Water Tower ENGINEERING DEPARTMENT DATE 4Po1/2009 C EXHIBIT D INSURANCE REQUIREMENTS The Lessee shall procure and maintain for the duration of the Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased Premises. A. Minimum Scope of Insurance Lessee shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. Property insurance shall be written on an all risk basis. B. Minimum Amounts of Insurance Lessee shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 2. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Lessee's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Lessee's insurance and shall not contribute with it. 2. The Lessee's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers EXHIBIT (between City of Kent and Montessorl Plus School and Teacher Preparation of WA) Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Lessee shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. F. Waiver of Subrogation Lessee and Landlord hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. EXHIBIT (between City of Kent and Montessori Plus School and Teacher Preparation of WA) 05/19/2008 10 47 FAX 206 956 9600 BROWN&BROWN/SEAPAO INS IfJ cut/cca BROWN & BROWN of WA, Inc. Consultants and Insurance Brokers 2101 Fourth Ave, Suite 600, Seattle, WA 98121 P. O. Box 24347, Seattle, WA 98124 INSURANCE® FAX TRANSMISSION PLEASE DELIVER THE FOLLOWING PAGES IMMEDIATELY Date:May 19, 2009 Time: 10:43 AM Page 1 of 3 Pages Attn: Don McClurkin Firm: Montessori Plus School FAX Number: Phone Number: 253-859-1737 From: Cathie Fletcher NOTE: If you do not receive the total number of pages indicated, please call our office at (206)956-1629 The FAX number to our Seattle office is(206) 956-9629. Subject/Comments: Commercial Package PolicyPHPK338259 09/23/08-09/23/09 Hi Don, The requested certificate for the City of Kent is following, I will fax a copy to Mr. Brad Lake at the City of Kent also. Please let me know if you have any questions or if they for any reason ask for anything further. Thank you, Cathie CC: Mr. Brad Lake City or Kent, Public Works Depanment,Wator Superintendent 05/19/2009 10 47 FAX 206 956 9600 BROWN&BROWN/SEAPAC INS 1Q00�/003 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) 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 endorsements) 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. ACpRD 25(2001106) UO/IO/20QU IV'4( h8X LUb yob JbVV tSKUWN&bKUWN/JtXYHI, iNJ 1(/IVVL/VV0 ACORDn CERTIFICATE OF LIABILITY INSURANCE OP ID — 5 1OATSIMMIDIN'09 MONTF, 2 9 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brown 6 Brown - Seattle HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2101 Ath Avenue, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle WA 96121 Phone:206-956-1600 Faxi206-956-9600 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A nhLLAd.Aphla indamlty ZnA Ca INSURER S, M } a ri Plus School NSURER C; Kent WA�96031eriue South INSURER D' INSURER EI COVERAGES THE POLICIES OF INSURANCE LISTED BELOW MAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 7HE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFOROEO 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 �L (' ILTR SR TYPE OF INSURANCE ..�W POUCYNUMBER DA�'E Z�D/YY DATE MMID LMTS GENERAL LIABILITY EACH OOCURRENCE 11,000,000 A X X COMMERCIAL GENERAL UABILITY PHPK338259 09/23/O@ 09/23/09 PR MI`fi"" ammnca s 100,000 CLAIMS MACE 7 OCCUR MED EXP(Any a parwn) 010,000 PERSONAL SADVINJURY S1,000,DDO X OENERALAGOREOATE S 2,000,DOO GENT AGGREGATEppLpIMpIIT,APPLIES PER PRODUCTS-COMPIOP AGO 12,000,000 POLICY JBCT F7 LOC Emp Ben. 1,000 000 AUTOMOBRE LIABILITY COMBINED SINOLE LIMIT A ANYAUTO PIIPX338259 09/23/08 09/23/09 (Eo�eclCenq E1T000,000 ALLCWNEDAUTOS BODILY INJURY 0 SCHEDULED AUTOS (Parpwlon) X HIRED AUTOS EDGILY INJURY $ NON-OWNED AUTOS (Par nwwonp PROPERTY DAMAGE IPbrE00en9 OARABE LIABILITY AUTO ONLY-EAACCIDENT A14YAIJTO OTHER THAN EAACC S 17 AUTO ONLY. AGG L EXCESS/UMNIUMLA LIABILITY EACH OCCURRENCE 6 OCCUR CLAIMS MADE AGGREGATE o s DEDUCTIBLE 9 RETENTION I S WCRKHRS COMPENSATION AND TORY LMITS _FR EMPLOYERS'LIABILITY E L.EACH ADOIDENTANY E OPPICERROMCME ER ExOWDEDD?ECUTNE a y es, ltn I.L.DISEASE EA EMPLOYEE 9 SIfPECIALPROVISIOaeecrfbetlerNS befcW E L DLSEAS"e.POLICY LIMIT I 6 OTHER OESCRIPT'ION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS 40DF BY ENOORSEMENTI SPECIAL PROVISIONS Certificate holder in named an additional insured, coverage is primary and non-contributory, and wavier of subrogation is applicable as their interest appear with regards to parking spaces leaned by the insured. This coverage provided within the policy wording. No separate endorsement will be issued. CERTIFICATE HOLDER CANCELLATION CITYOFK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent Public Works DATE THERSOP,THE ISSUING IN60411 WILLENDEAVORTO MAIL 30 DAYS WRITTEN Department NOTICE TO THE CERTIPICATE HOLDER NAMED TO THE LEFT,BUT PALLURE TO DO$O 614AL. Mr Brad Lake, Water Svperinten IMPOSE NO OeUGATION OR LIABILITY OF ANY KIND UPON THE INSURER IITS AGENTS OR 220 Fourth Avenue South Kent WA 98032 AP.PRESENTATIVBS. AMOR?REPRESENTATiIE ACORD 25(2001/06) CACORD CORPORATION 1980 REQUEST FOR MAYOR'S SIGNATURE KENT Please FIII In All Applicable Boxes WASHIMGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: C�ky, ) V i $6hr-1. Phone (Originator). 5-50 a Date Sent: 412,0[0 Date Required=42--7 .100 Return Signed Document to. Gin CONTRACT TERM i NATION DATE: p VENDOR NAME: MM S5OY1 lUS SC,,6� DATE OF COUNCIL APPR Q Brief Explanation of Document: 1- cf & AVS All Contracts Must Be Routed Through the Law Department ApR 2 Z�fMs Area to be Completed 6y the Law Department) Received: x • ; - "�, Approval of Law Dept"'. `� k r City of Kent filLaw Dept Comments: � w i G� 191,A (°f the Mayas l�1or� 5 7ec,•- Cr�r7� I� ,�t \S r. . 1 L� Date Forwarded to Mayor: Shaded Areas to Be Completed by Administration Staff Received: (� Recommendations & Comments: �\Ct�E KF0.K Disposition: Zz709 / V`"l Date Returned: Iage58710 • 4/05