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HomeMy WebLinkAboutLW09-252 - Amendment - #1 - King County - Aukeen District Court Lease Agreement - 02/05/2010 Records Map3d�g"ement) KENT v Document W.�9HINGTOH 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: King County Vendor Number: 33193 ID Edwards Number Contract Number: L. k-) q -as� This is assigned by City Clerk's Office Project Name: First Amendment to Lease King County & City of Kent Aukeen Court Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 2/2010 Termination Date: 4/3/2010 Contract Renewal Notice (Days): 30 Days Number of days required notice for termination or renewal or amendment Contract Manager: Charlie Lindsey Department: Parks Facilities Detail: (i.e. address, location, parcel number, tax id, etc.): Munipical Court 1210 S Central Ave Cm 2 Id-/l a ----- --_--- - - S Public\Records Management\Forms\ContractCover\adcc7832 1 11/08 FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT AUKEEN DISTRICT COURT BUILDING THIS FIRST AMENDMENT (the "Amendment") is entered into as of the date fully executed below amending that certain Lease Agreement executed December 22, 2008 by and between KING COUNTY ("Landlord") and THE CITY OF KENT ("Tenant") for a portion of the Aukeen District Court Building located at 1210 South Central Avenue in Kent, Washington (the "Lease"). WHEREAS, King County has temporarily relocated the operation of Aukeen District Court from the Building located at 1210 South Central Avenue (the "Building") because of the increased risk of flooding in the City of Kent from the Green River due to the diminished capacity of the Howard Hanson Dam Tenant continues to operate its municipal court from the Building and requests use of additional Building space while Landlord's Aukeen District Court is not operating in the Building. NOW, THEREFORE, the Landlord and Tenant hereby agree and covenant as follows: 1. Lease Terms Ratified. All terms and conditions of the Lease are included herein by reference and hereby ratified and confirmed and remain in full force and effect except as specifically amended or superseded by this Amendment. All terms which are defined in the Lease shall have the same meaning herein 2. Temporary Additional Premises. The Premises shall be temporarily expanded to include the "Temporary Additional Premises" defined as Courtroom #1, including approximately 600 square feet to be used two days per week, and two clerical areas, including approximately 36 square feet to be used five days per week, as depicted on the attached Exhibit A (the "Temporary Additional Premises"). 3. Term. Tenant's use of the Temporary Additional Premises shall be on a month-to-month basis commencing upon execution of this Amendment and subject to termination by either party on thirty (30) days' advance written notice to the other party. 4. Base Rent and Additional Rent. Tenant's use of the Temporary Additional Premises shall be subject to payment of(i) Base Rent in the amount of Three Hundred Forty Dollars ($340.00) per month, and. (ii) Additional Rent for Tenant's pro- rata share of utilities, janitorial service and other operating expense attributable to the Temporary Additional Premises. 5. Alterations. Tenant's installation of furniture, fixtures and equipment or any alteration, construction or improvement to the Temporary Additional Premises shall Page 1 of 6 be subject to Landlord's prior written approval which shall not be unreasonably withheld. Landlord hereby approves Tenant's installation of furniture, fixtures and equipment listed on attached Exhibit B At Tenant's request, Landlord has installed a magnetometer for Tenant's temporary use in screening visitors to the Building during the term of this Amendment. In addition, Landlord hereby agrees to reimburse Tenant for Tenant's cost to provide screening personnel during the term of this Amendment for the hours of 8 00 am to 4:30 pm (Monday—Friday) at the hourly rate of$17-19. 6. Building Closure. Landlord reserves the right to close the Building in the event of flooding or in Landlord's anticipation of possible flooding at Landlord's sole discretion. Landlord shall notify Tenant in writing of such planned closure to the extent reasonably possible. However, the parties acknowledge that flooding may create an emergency situation whereby advance notice is not possible and the threat of flooding may subside so that closure of the Building is not required. In addition, Landlord shall notify Tenant of its plans to reoccupy the Building to the extent reasonably possible but no less than thirty (30) days in advance of said reoccupancy. 7. Entire Agreement. The Lease and all exhibits and attachments thereto as specifically amended by this Amendment and all exhibits and attachments hereto constitute the entire agreement between the parties, which supersede all prior agreements and understandings related to the Premises and the Building. This Amendment may be executed in multiple counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same agreement. Page 2 of 6 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment, which shall take effect on the last date signed below. LANDLORD: TENANT: KING COUNTY CITY OF KENT By: By: Print Name: w C� Print N �. Its: Qi' £ rtC1 It . Date- S D Da e o� APPROVED BY CUSTODIAL AGENCY: By. Date. APPROVED AS TO FORM: By: F ��✓/� Timothy Barnes,S for Deputy Prosecuting Attorney Page 3 of 6 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 dp,y,eitVtl yagr1 first above written. gyp. = �TAR u°i . L ,�w' A0eI- O NOTARY PUBLIC, in and for the State �Zi� 9j''a,� 18\1 -' of Washington, residing at 161OPW F My appointment expires gill OF wAg�\`�.� STATE OF WASHINGTON ) : ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that k -Q /Asti r4X On is the person who appeared before me, and said person acknowled ed that hetske signed this instrument, on oath stated that hp is authorized to execute the instrument on behalf of King County as its M-1,q, i -4 f',�•Ce,<C '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 Mustmwar Within This Box- IN ,VWFFTQESS-AkHEREOF, I have hereunto set my hand and official seal the day anq, first above�Vtten. ... W1a/ick y'' ?-� �a�+ NOTARY PUBLIC, in and for th Stet =rE o, �S �''� of Washington, residing at My appointment expires i Page 4 of 6 Exhibit A � f - JL S - i t Page 5 of 6 Exhibit B Landlord hereby approves Tenant's installation of the following furniture, fixtures and equipment. Computers: Courtroom#1 —Judge's bench Courtroom#1 —clerk's area Window#3 Printer/File Room Designated Clerical Area—2 Telephones: Security Desk Window#3 Printer/File Room Protein Office Courtroom#1 Designated Clerical Area Lunchroom Page 6 of 6 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 KENT Fax: 253-856-6050 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 January 21, 2010 TO: Kent City Council Operations Committee FROM: Charlie Lindsey, Facilities Manager THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: First Amendment to Lease Agreement with King County for Aukeen Court Building - Authorize MOTION: Move to have Council authorize the Mayor to sign the First Amendment to the Lease Agreement with King County for Additional Space at the Aukeen Court Building - Authorize SUMMARY: King County has temporarily moved the operation of the Aukeen District Court at 1210 South Central Avenue because of the increased risk of flooding from the Green River. The city continues to operate its municipal court in the building and requests use of additional space while the Court has relocated. The premises shall be temporarily expanded to include the temporary additional premises defined as Courtroom #1, including approximately 600 square feet to be used two days per week, plus two clerical areas, including approximately 36 square feet to be used five days per week, on a month-to-month basis. The city's use of the additional premises shall be subject to payment of (i) base rent in the amount of three hundred forty dollars ($340.00) per month; and, (n) additional rent for the city's pro-rata share of utilities, Janitorial service and other operating expenses. EXHIBITS: First Amendment to Lease Agreement with King County BUDGET IMPACT: X Yes No REQUEST FOR MAYOR'S SIGNATURE v tNT Please Fill in All Applicable Boxes K .�.o. Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Charlie Lindsey Phone (Originator): 5081 Date Sent: 2/3/2010 Date Required: 2/8/2010 Return Signed Document t alie CONTRACT TERMINATION DATE: mo to mo VENDOR NAME: King Count DATE OF COUNCIL APPROVAL: 02/02/2010 Brief Explanation of Document: First AmendmefiL to Lease Agreement between King County and City of Kent Aukeen Court building. This is for the extra Court Room the City is using while Aukeen is using Court space in Renton due to potential flooding. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: FEB Q 3 2010 Approval of Law Dept.: Law Dept. Comments: RECEIVED Date Forwarded to Mayor: � Cite of Kent Office cf ,he P,iayor Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: 1?1141/0 X Date Returned: