HomeMy WebLinkAboutL11-024 - Original - Puget Sound Regional Fire Authority - Station 75 Lease - 07/01/2010 CITY CLERK
KEN CI OF KET
11Z T 220 4"ATenuue South
WASH IN STON
Kent, WA 98032
Fax 253-856-6725
PHONE: 253-856-5725
Lease Agreement Cover Sheet
This document is to be used in lieu of the Contract Cover Sheet
SECTION 1 - CONTRACT PROCESSING AND TENANT SET-UP:
Contract Number:
1. Responsible Department/Division: Parks/Facilities
2. Contact Person and Title: Charlie Lindsey
Telephone Extension: 5081
3. Tenant (Customer) Name: Kent Fire Department Regional Fire
Authority
4. Tenant (Customer) Number: 292356
5. General Ledger Account Number: 54006900.56290
6. King County Tax Parcel Number: 3522059180
7. Address of Parcel: 15635 SE 272nd
8. Type of Lease: Lease Agreement City & RFA Station 75
9. Council Authorization Date: 6/15/2010
10. Mayor Signature Date: 6/30/2010
SECTION 2 - LEASE DURATION AND IMPORTANT DATES:
11. Lease Start Date: 6/1/2010
12. Tenant Lease Option Renewal Notification Due Date:
13. Lease Termination Date: 6/30/2015
14. Lease Duration: 50 years
SECTION 3 - RENT DETERMINATION AND DUE DATE:
15. Rent: $1.00 per year
16. Rent Due Date: First 50 Years/July 1, 2010
17. Calculation of Rental Increase(s): N/A
Lease Agreement Cover Sheet—Page 1 of 2
SECTION 4 — LEASEHOLD EXCISE TAX:
18. Is this lease subject to leasehold excise taxes?
❑ YES (go to Question 19)
® NO, reason:
19. Are leasehold excise taxes for this tenant centrally assessed, i.e.
directly collected from the tenant by the Washington State Department
of Revenue?
❑ YES (attach written verification received directly from DOR or indirectly
through the tenant, e.g. DOR notification letter)
® NO (go to Question 20)
20. Does Lease Rent include Leasehold Excise Tax?
(Leasehold taxes must be broken out on the invoice and coded: Business
unit.32500.0303)
❑ YES Calculate the leasehold excise tax (Stated Rent divided by
1.1284)
❑ NO Calculate the leasehold excise tax (Stated Rent times .1284)
SECTION 5 — APPLICABLITY OF UTILITIES:
21. Applicability of Utilities — Check all that utilities that are affected and
indicate provider (e.g. City of Kent), Account Number or basis of
exclusion.
® Does Not Apply
❑ Water:
❑ Sewer:
❑ Drainage:
❑ Garbage:
❑ Electricity/Natural Gas:
SECTION 6 — MONETARY PENALTIES AND LATE INTEREST CHARGES:
22. Monetary Penalties: RFA has the option of paying for the first 50
years. They are choosing this option to pay $50 for the first 50 years.
23. Late Interest:
SECTION 7 — OTHER LEASE CONSIDERATIONS:
Special lease considerations, e.g. non-monetary rent, etc
® None (check box if no considerations)
Lease Agreement Cover Sheet—Page 2 of 2
c s� j
LEASE AGREEMENT
BETWEEN THE CITY OF KENT AND
THE KENT FIRE DEPARTMENT REGIONAL FIRE
FOR "STATION 75"
THIS LEASE AGREEMENT (hereinafter "Lease") is between the KENT FIRE
DEPARTMENT REGIONAL FIRE AUTHORITY, a Washington municipal corporation,
with offices located at 24611 116th Avenue Southeast, Kent, Washington 98030,
("RFA" and "Tenant").) and the CITY OF KENT, a municipal corporation of the State
of Washington, with offices located at 220 4th Avenue South, Kent, Washington
98032 ("City").
RECITALS
A. On April 27, 2010, voters within the Jurisdiction of the City and the King
County Fire Protection District No. 37 voted to create the RFA in order to provide
fire prevention, fire suppression, emergency medical services and the protection of
life and property within the jurisdiction of the City and District 37. The RFA became
effective and came into existence on July 1, 2010.
B The City owns real property legally described in Exhibit A attached and
incorporated herein and located at 15635 SE 272 Street, Kent, Washington (the
"Property"). The Property has been used by the City as Fire Station 75, and will
now be used by the RFA for a fire station under the terms of this Lease; and
NOW, THEREFORE, the City and RFA agree as follows:
AGREEMENT
1. PREMISES.
1.1 Premises Defined, The City leases to Tenant and Tenant leases from
the City the Property legally described in Exhibit A and depicted in Exhibit B
attached hereto and incorporated herein (the "Premises").
1.2 As-Is. The City is providing the Premises in "as-is" condition for
Tenant's use. The City makes no representation regarding the condition of the
Premises or improvements located on the same.
2. USE.
2.1 Permitted Use. Tenant shall use the Premises for fire station, training
Lease Agreement- 1 (2010)
(Fire Station 75 Between City of Kent and RFA)
facility, and administration purposes (the "Permitted Use") and for no other purpose
unrelated to the management and operation of a regional fire authority.
2.2 Restrictions on Use. Tenant shall not cause or permit any damage to
the Premises. Tenant shall, at all times, keep current and comply with all
conditions and terms of any permits, licenses, certificates, regulations, ordinances,
statutes, and other government rules and regulations regarding its use or
occupancy of the Premises. Tenant shall keep the Premises free and clear of any
liens and encumbrances arising out of or relating to its use or occupancy of the
Premises. If Tenant fails to comply with all or any of the restrictions on the use of
the Premises set out in this subsection 2.2, the City shall notify Tenant per Section
14.
3. TERM.
3.1 Term Defined. The term of this Lease shall be for five (5) years
commencing on July 1, 2010 ("Commencement Date"), and ending June 30, 2015
('Termination Date"). If at the end of the five (5) year term, Tenant has made all
payments due to the City in full, and is not in breach of this Lease, then the Lease
shall automatically renew for additional five (5) year terms so long as the Premises
is used for RFA purposes as described in Section 2. The Tenant shall give the City at
least ninety (90) days prior written notice of its intention not to renew a subsequent
five year lease term.
3.2 End of Term. Upon the expiration or termination of the Term, as
applicable, Tenant shall surrender the Premises to the City in the same or better
condition as on the Commencement Date, reasonable wear and tear excepted.
3.3 Hold Over. If Tenant remains in possession of the Premises after the
Termination Date, the occupancy shall not be an extension or renewal of the Term.
The occupancy shall be a month-to-month tenancy, on terms identical to the terms
of this Lease, which may be terminated by either party on thirty (30) days written
notice. The monthly rent during the hold over, however, shall be fair market rental
value and the other expenses during the hold over shall be the same as would be
due if the Lease were still in effect. If the City provides a notice to vacate the
Premises in anticipation of the Termination of this Lease or at any time after the
Termination Date and Tenant fails to do so within the time set forth in the notice,
then Tenant shall be a trespasser and shall owe the City all amounts due under
applicable law.
3.4 Early Termination. The City may terminate this Lease prior to the
Termination Date if all of the following occur:
3.4.1 The City determines that it is going to sell the Premises;
Lease Agreement- 2 (2010)
(Fire Station 75 Bemeen City ojKent and RFA)
3.4.2 Prior to the Closing of the sale of the Premises, the City provides
Tenant, at the City's expense, a location with a structure that is operationally ready
and allows for an equivalent level of service to that which was provided by Tenant
from the Premises.
4. LEASE PAYMENT.
4.1 Rent. Tenant shall pay to the City rent of one and No/100 Dollar
($1.00), plus the leasehold tax as set forth in subsection 4.2 ("Rent"). The first
installment shall be due and payable on or before the Commencement Date, and
subsequent installments shall be due annually thereafter. The Tenant may pay the
rental fee in a lump sum of $50.00 designed to cover the first fifty years of the
lease. In the event the lease terminates before fifty years have elapsed the prepaid
rent shall be non refundable.
4.2 Leasehold tax. If leasehold tax shall become due pursuant to Chapter
82.29A RCW or other statute for this Lease, Tenant shall pay monthly on or before
the Vt day of each month to the City the amount of state leasehold tax owing.
4.3 Fire Benefit Charae. In consideration for rent of only $1.00 per year,
the RFA shall not charge the City, or demand payment, for any Fire Benefit Charge
that the RFA may be authorized by law to charge for the Premises, or any
improvements or personal property on the same.
4.4 Payment Place. All payments due under the Lease to the City shall be
paid or delivered to:
City of Kent Finance Department
Customer Services Division
220 4th Avenue South
Kent, WA 98032-5895
S. UTILITIES.
Tenant agrees to pay all utility charges associated with the Premises. The
Tenant will contract directly with utility provides for these services. In the event
that the City must contract with the utility provider rather than the Tenant directly,
the City will invoice Tenant by the fifteenth of each month for these expenses and
payment shall be due within thirty (30) days of the invoice date.
6. PENALTY, INTEREST AND PARTIAL PAYMENTS.
6.1. If any payment due under this Lease is not paid to the City within
ten (10) days after the date specified, a one-time late charge of five percent
(5%) of the payment due shall be added to the payment as a penalty, and the
total sum shall become immediately due and payable. Any amount remaining
unpaid by the first day of the month following the due date for payment (i.e.
Lease Agreement- 3 (2010)
(Fire Station 75 Between City of Kent and RFA)
approximately 15 days late) shall bear interest at the rate of one percent (1%)
per month.
6.2. Except as expressly set forth elsewhere in this Lease, rent and all
other sums payable by Tenant pursuant to this Lease shall be paid without the
requirement that the City provide prior notice or demand, and shall not be subject
to any counterclaim, setoff, deduction, defense or abatement.
6.3. Payments made by Tenant must be applied to amounts due and
owing under the Lease in the following order: leasehold tax, Rent, utilities 1
invoiced by the City, other amounts invoiced by the City. The City has
authority to apply partial payments received in the manner it sees fit based on
the financial responsibilities of the City.
7. MAINTENANCE AND REPAIR.
Tenant shall at its sole cost and expense, keep and maintain in good order
and in clean, attractive and safe condition the Premises. Tenant shall also pay
100% of the repair and replacement costs of the Premises. If any additions,
repairs, alterations, maintenance, replacement, or changes to the Premises are
required by any public authority, Tenant shall, at its sole cost and expense, make
the same. All additions, repairs, alterations, replacements, or changes to the
Premises shall be made in accordance with Section 8. Any damage or repairs that
are the result of the City's negligent or intentional acts shall be the sole
responsibility of the City.
S. TENANT IMPROVEMENTS.
8.1 Construction. Tenant shall not construct, alter, replace, remove or
make major repairs of any improvements on the Premises without the prior written
consent of the City. Prior to any construction, alteration, replacement, removal or
major repair of any improvements on the Premises, Tenant shall submit to the City
plans and specifications which describe the proposed activity. Construction shall
not commence until the City has approved the plans and specifications in writing.
The City shall have thirty (30) days in which to review the proposed plans and
specifications. The plans and specifications shall be deemed approved and the
requirement for the City's written consent shall be treated as waived, unless the
City notifies Tenant otherwise within the thirty (30) days. Upon completion of
construction, Tenant shall promptly provide the City with as-built plans and
specifications. The City's consent and approval shall not be required for any routine
maintenance or repair of improvements made by the Tenant pursuant to its
obligation to maintain the Premises in good order and repair that does not result in
the construction, alteration, replacement, removal, or major repair of any
improvements on the Premises. The provisions of this section do not obviate any
permit requirements that may apply to the proposed activity. All Tenant
improvements shall be removed by Tenant on or before the Termination Date. If
Lease Agreement-4 (2010)
(Fire Station 75 Between City offent and RFA)
the Tenant improvements remain on the Premises after the Termination Date, they
shall become the property of the City without payment by the City.
8.2 Unauthorized Improvements. Improvements made on the Premises
without the City's prior consent pursuant to subsection 8.1 or which are not in
conformance with the plans submitted to and approved by the City ("Unauthorized
Improvements") shall immediately become the property of the City, unless the City
elects otherwise. Regardless of ownership of Unauthorized Improvements, the City
may, at its option, require Tenant to sever, remove, and dispose of them. If
Tenant fails to remove an Unauthorized Improvement upon request, the City may
remove it and charge Tenant for the cost of removal and disposal.
9. ENVIRONMENTAL LIABILITY/RISK ALLOCATION.
9.1 Definition. "Hazardous Substance" means any substance which now or
in the future becomes regulated or defined as Hazardous Substance or Hazardous
Waste under any federal, state, or local statute, ordinance, rule, regulation, or
other law relating to human health, environmental protection, contamination or
cleanup, including, but not limited to, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., and
Washington's Model Toxics Control Act ("MTCA"), RCW 70.105D.010 et seq.
9.2 Use of Hazardous Substances. Tenant covenants and agrees that
Hazardous Substances will not be used, stored, generated, processed, transported,
handled, released, or disposed of in, on, under, or above the Premises, except in
accordance with all applicable laws.
9.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate
9.3.1 The City makes no representations about the condition of the
Premises. With regard to any Hazardous Substances that may exist in, on, under,
or above the Premises, the City disclaims any and all responsibility to conduct
investigations, to review any State records, documents or files, or to obtain or
supply any information to Tenant.
9.3.2 Tenant shall exercise the utmost care with respect to both
Hazardous Substances in, on, under, or above the Premises as of the
Commencement Date, and any Hazardous Substances that come to be located in,
on, under, or above the Premises during the Term of this Lease, along with the
foreseeable acts or omissions of third parties affecting those Hazardous Substances,
and the foreseeable consequences of those acts or omissions occurring as a result
of Tenant's use or occupancy of the Premises. The obligation to exercise utmost
care under this subsection 9.3 includes, but is not limited to, the following
requirements:
(a) Tenant shall not undertake activities that will cause,
Lease Agreement- 5 (2010)
(Fire Station 75 Between City of Kent and RFA)
contribute to, or exacerbate contamination of the Premises;
(b) Tenant shall not undertake activities that result in human
or environmental exposure to contaminated sediments on the Premises; and
(c) If requested, Tenant shall allow reasonable access to the
Premises by employees and authorized agents of the U.S. Environmental Protection
Agency ("EPA"), the Washington State Department of Ecology ("DOE"), or other
similar environmental agencies.
9.4 Notification and Reporting.
9.4.1 Tenant shall immediately notify the City if Tenant becomes
aware of any of the following:
(a) A release or threatened release of Hazardous Substances
in, on, under, or above the Premises, any adjoining Premises, or any other
Premises subject to use by Tenant occurring as a result of Tenant's use or
occupancy of the Leased Premises in violation of federal and state laws;
(b) Any problem or liability related to, or derived from, the
presence of any Hazardous Substance in, on, under, or above the Premises, any
adjoining property, or any other property occurring as a result of Tenant's use or
occupancy of the Premises;
(c) Any actual or alleged violation of any federal, state, or
local statute, ordinance, rule, regulation, or other law pertaining to Hazardous
Substances with respect to the Premises, any adjoining property, or any other
property subject to use by Tenant in conjunction with its use or occupancy of the
Premises;
(d) Any lien or action with respect to any of the foregoing; or,
(e) Any notification from the EPA, DOE, or King County that
remediation or removal of Hazardous Substances is or may be required at the
Premises.
9.4,2 Upon request, Tenant shall provide the City with copies of any
and all reports, studies, or audits which pertain to environmental issues or concerns
associated with the Premises, and which were prepared for Tenant and submitted to
any federal, state, or local authorities pursuant to any federal, state, or local
permit, license or law. These permits include, but are not limited to, any National
Pollution Discharge and Elimination System Permit, any Army Corps of Engineers
permit, any State hydraulics permit, any State Water Quality certification, or any
Substantial Development permit.
Lease Agreement- 6 (2010)
(Fire Station 75 Between City of Kent and RFA)
9.5 Indemnification.
9.5.1 Tenant shall fully indemnify, defend, and hold the City harmless
from and against any and all claims, demands, damages, natural resource
damages, response costs, remedial costs, cleanup costs, losses, liens, liabilities,
penalties, fines, lawsuits, other proceedings, costs, and expenses (including
attorneys' fees and disbursements), that arise out of, or are in any way related to:
(a) The use, storage, generation, processing, transportation,
handling, or disposal of any Hazardous Substance or Hazardous Waste by Tenant,
its contractors, agents, employees, guests, invitees, or affiliates in, on, under, or
above the Premises, any adjoining property, or any other property occurring as a
result of Tenant's use or occupancy of the Premises, during the Term of this Lease;
(b) The release or threatened release of any Hazardous
Substance or Hazardous Waste, or the exacerbation of any Hazardous Substance or
Hazardous Waste contamination, in, on, under, or above the Premises, any
adjoining property, or any other property subject to use by Tenant in conjunction
with its use of the Premises, which release, threatened release, or exacerbation
occurs or occurred during the Term of this Lease and as a result of:
(i) Any act or omission of Tenant, its contractors,
agents, employees, guests, invitees, or affiliates; or,
(ii) Any foreseeable act or omission of a third party
unless Tenant exercised the utmost care with respect to the foreseeable acts or
omissions of the third party and the foreseeable consequences of those acts or
omissions.
9.5.2 In addition to the indemnifications provided in subsection 9.5.1,
Tenant shall fully indemnify the City for any and all damages, liabilities, costs, or
expenses (including attorneys' fees and disbursements) that arise out of or are in
any way related to Tenant's breach of the obligations of subsection 9.3.2. This
obligation is not intended to duplicate the indemnity provided in subsection 9.5.1
and applies only to damages, liabilities, costs, or expenses that are associated with
a breach of subsection 9.3.2 and which are not characterized as a release,
threatened release, or exacerbation of Hazardous Substances or Hazardous Wastes.
9.5.3 The City shall notify Tenant in writing of any third party claim
with reasonable promptness, and Tenant shall have the right to compromise or
defend any such claim, provided that such compromise or defense of such claim
does not negate the Tenant's obligation to indemnify and hold the City harmless.
9.5.4 The City shall release, indemnify, and hold Tenant harmless
from any and all liabilities, obligations, judgments, demands, damages, causes of
action, claims, costs, and expenses, including but not limited to all reasonable
Lease Agreement- 7 (zoro)
(Fire Station 75 Between City of Kent and RFA)
a
attorney's fees and costs of suit, arising out of or in connection with any
contamination from hazardous waste or an environmental condition on the
Premises caused solely by the City, its agents and representatives.
9.6 Cleanup. If a release of Hazardous Substances or Hazardous Wastes
occurs in, on, under, or above the Premises, arising out of any action, inaction, or
event described or referred to in subsection 9.5, above, Tenant shall, at its sole
expense, promptly take all actions necessary or advisable to clean up the
Hazardous Substances or Hazardous Wastes. Cleanup actions shall include, without
limitation, removal, containment and remedial actions and shall be performed in
accordance with all applicable laws, rules, ordinances, and permits. Tenant's
obligation to undertake a cleanup under this subsection 9.6 shall be limited to those
instances where the Hazardous Substances or Hazardous Wastes exist in amounts
that exceed the threshold limits of any applicable regulatory cleanup standards.
Tenant shall also be solely responsible for all cleanup, administrative, and
enforcement costs of governmental agencies, including natural resource damage
claims, arising out of any action, inaction, or event described or referred to in
subsection 9.5, above.
9.7 Sampling by the City Reimbursement. and Split Samples.
9.7.1 The City may conduct sampling, tests, audits, surveys, or
investigations ("Tests") of the Premises at any time to determine the existence,
scope, or effects of Hazardous Substances or Hazardous Wastes on the Premises,
any adjoining property, any other property subject to use by Tenant in conjunction
with its use of the Premises, or any natural resources. If such Tests, along with any
other information, demonstrates the existence, release, or threatened release of
Hazardous Substances arising out of any action, inaction, or event described or
referred to in subsection 9.5, above in violation of federal or state law, Tenant shall
promptly reimburse the City for all costs associated with such Tests.
9.7.2 The City's ability to seek reimbursement for any Tests under this
subsection shall be conditioned upon the City providing Tenant written notice of its
intent to conduct any Tests at least fifteen (15) calendar days prior to undertaking
such Tests, unless such Tests are performed in response to an emergency situation
in which case the City shall only be required to give such notice as is reasonably
practical.
10. ASSIGNMENT AND SUBLETTING.
Tenant shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise
transfer or encumber all or any part of Tenant's interest in this Lease or the
Premises without the City's prior written consent which may not be unreasonably
withheld by the City. In the event of such consent, each permitted transferee shall
assume all obligations under this Lease. No assignment, sublet, or transfer shall
release, discharge, or otherwise affect the liability of Tenant. The acceptance by
Lease Agreement- 8 (zoto)
(Fire Statton 75 Between City of Kent and RFA)
the City of payment following an assignment or other transfer shall not constitute
consent to any assignment or transfer. The City's consent shall not be required for
a sublease of the Premises to another governmental entity providing services that
directly support and benefit the operation of the regional fire authority. {
11. INDEMNITY.
11.1 The City shall not be liable for any injury to any person or for any loss
of or damage to any property occurring in or about the Premises or the buildings
thereon and caused by or resulting from any act or omission by Tenant any officer,
agent, employee, guest, invitee, or visitor of Tenant; and, during the full term
hereof. Tenant agrees and covenants to indemnify, defend, and hold harmless the
City and those persons who were, now are, or shall be duly elected or appointed
officials or members or employees or agents thereof, against and from any loss,
damage, costs, charge, expense, liability, claim, demand, or judgments of
whatsoever kind or nature whether to persons or property, to the extent arising on
the Premises, in or on said building, or on any areas adjoining the same, which is
under the control or use of Tenant pursuant to this Lease and arising out of or in
connection with Tenant's use and occupancy of the Premises. The City agrees and
covenants to indemnify, defend, and hold harmless the Tenant, its officers,
employees, and agents thereof, against and from any loss, damage, costs, charge,
expense, liability, claim, demand, or judgment of whatsoever kind or nature
whether to persons or property, arising out of or in connection with the City's
negligence in its performance under this Lease.
11.2 Should a court of competent jurisdiction determine that this Lease is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of Tenant and the City, its officers, officials, employees, and
volunteers, the Tenant's liability hereunder shall be only to the extent of the
Tenant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD
THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE TENANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually
negotiated by the parties.
11.3 The provisions of Section 11 shall survive the expiration or termination
of this Lease.
12. INSURANCE.
12.1 During the term of this Lease and any extension thereof, the Tenant
shall maintain an insurance policy on the Premises in the amount of the
replacement cost, for damage from fire; earthquake; and other perils. Said
insurance policy shall also insure the replacement value of the equipment provided
by the City pursuant to this Lease. The proceeds on a claim against said insurance
Lease Agreement- 9 (zoto)
(Fire Station 75 Between City of Kent and RFA)
policy for damage shall be used to repair damage to the building so insured and to
repair or replace any damaged personal property provided by the City.
12.2 The Tenant shall be responsible for maintaining its own fire and hazard
insurance on Tenant owned personal property and leasehold improvements placed
within the Premises by the Tenant.
12.3 The Tenant 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 this Lease by the Tenant, its agents,
representatives, employees or subcontractors. The Tenant shall provide a
Certificate of Insurance evidencing the following:
12.3.1 Automobile Liability insurance with limits no less than
$5,000,000 combined single limit per accident for bodily injury and property
damage.
12.3.2 Commercial General Liability insurance written on an
occurrence basis with limits no less than $5,000,000 combined single limit per
occurrence and $5,000,000 aggregate for personal injury, bodily injury and
property damage. Coverage shall include but not be limited to: blanket
contractual; products/completed operations; broad form property damage; premise
operations; and employer's liability.
12.3.3 Any payment of deductible or self-insured retention shall be
the sole responsibility of the Lessee.
12.3.4 The City shall be named as an additional named insured on the
insurance policy, with respect to work performed by, or on behalf of, the Tenant,
and a copy of the endorsement naming the City as additional named insured shall
be attached to the Certificate of Insurance.
12.3.5 The Tenant's insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit
brought, except with respect to the limits of the insurer's liability.
12.3.6 The Tenant's insurance shall be the primary insurance with
respect to the City, and the City shall be given thirty (30) days prior written notice
of any cancellation, suspension or material change in coverage.
12.3.7 In the alternative, Tenant may satisfy the requirement in
subsection 12.3 by being a participant in an authorized self insurance pool in the
state of Washington with protection equal to or greater than that specified in
subsection 12.3.
i
Lease Agreement- 10 (2010)
(Fire Station 75 Between City of Kent and RFA)
� I
13. DAMAGE OR DESTRUCTION. The parties recognize that some or all use of
the Premises may be interfered with or prevented because of fire, earthquake,
flood, storm, landslide, act of war, vandalism, theft or other extraordinary casualty
("Casualty").
13.1 Material Damage. If the Premises are damaged or destroyed by fire or
any Casualty which cannot, despite diligent, good faith efforts be repaired or
restored within one hundred twenty (120) days following the date on which such
damage occurs, then Tenant may elect to terminate the Lease effective as of the
date of such damage or destruction. Within thirty (30) days after the date of such
damage, the parties shall determine how long the repair and restoration will take.
After that determination has been made, Tenant shall have a period of thirty (30)
days to terminate the Lease by giving written notice to the City.
13.2 Repair after Damage. If Tenant does not give notice of Tenant's
election to terminate as provided in subsection 13.1, then the City shall, subject to
the provisions of this Section, immediately commence and diligently pursue the
completion of the repair of such damage so that the Premises is restored to a
condition of similar quality, character and utility for Tenant's purposes.
Notwithstanding anything contained herein to the contrary, if the Premises is not
repaired and restored within one hundred twenty (120) days from the date of the
damage, Tenant may cancel the Lease at any time before City completes the
repairs and delivers the restored Premises to Tenant. If Tenant does not so
terminate, the City shall continue to restore the Premises. Tenant shall have no
claim against the City for any direct, incidental or consequential damages arising
from the City's failure to commence or complete any repairs to the Premises. In no
event shall the City be obligated to spend more money on the repair than is
provided by insurance proceeds in subsection 12.1.
13.3 Uninsured Damage. If damage or destruction is caused by a peril not
required to be insured against hereunder and for which insurance proceeds are not
available, either the City or Tenant may terminate this Lease by thirty (30) days
written notice to the other of its election so to do so and the Lease shall be deemed
to have terminated as of such date unless the other party agrees in writing to pay
for such repairs or restoration.
14. DEFAULT AND REMEDIES.
14.1 Acts Constituting Default. Tenant shall be in default of this Lease on
the occurrence of any of the following:
14.1.1 Failure to pay Rent or other expenses when due;
14.1.2 Failure to comply with any law, regulation, policy, or order of
any lawful governmental authority;
Lease Agreement- 11 (2010)
(Fire Station 75 Between City of Kent and RFA)
14.1.3 Failure to comply with any other provision of this Lease;
14.1.4 Failure to cure a default pursuant to Section 14.2 below;
14.1.5 Proceedings are commenced by or against Tenant under any
bankruptcy act or for the appointment of a trustee or receiver of Tenants' Premises;
or
14.1.5 Tenant vacates or abandons the Premises.
14.2 Failure to Cure. A default shall become an event of default ("Event of
Default") if Tenant fails to cure the default after the City provides Tenant with
written notice of default, which specifies the nature of the default. For failure to
pay rent or other monetary defaults, the cure period shall be ten (10) days. For
other defaults, the cure period shall be thirty (30) days.
14.3 City's Remedies Upon Default. Upon an Event of Default, the City may
terminate this Lease and remove Tenant by summary proceedings or otherwise.
The City's reentry or repossession of the Premises under this subsection shall not
be construed as an election to terminate this Lease or cause a forfeiture of rents or
other charges to be paid during the balance of the Term, unless the City gives a
written notice of termination to Tenant or termination is decreed by legal
proceedings.
15. ENTRY BY THE CITY. The City shall have the right to enter the Premises at
any reasonable hour to inspect for compliance with the terms of this Lease upon
twenty-four (24) hours notice. The City shall comply with all of Tenant's work
safety rules and restrictions.
16. NOTICE. Any notices required or permitted under this Lease may be
personally delivered, delivered by facsimile machine, or mailed by certified mail,
return receipt requested, to the following addresses or to such other places as the
parties may direct in writing from time to time:
Tenant: Director of Parks and Recreation
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
(253) 856-5100 Telephone
(253) 856-6050
RFA: Kent Fire Department Regional Fire Authority
Pat Pawlak
Division Chief Administrative Support Services
24611 116th Avenue S.E.
Kent, Washington 98030
Lease Agreement- 12 (2010)
(Fire Station 75 Between City ojKent and RFA)
(253) 856-4300 Telephone
(253) 856-6300 Facsimile
A notice shall be deemed given and delivered upon personal delivery, upon receipt
of a confirmation report if delivered by facsimile machine, or three (3) days after
being mailed as set forth above, whichever is applicable.
17. MISCELLANEOUS.
17.1 Authority. The City and Tenant represent that each person signing on
this Lease on its behalf is authorized to do so.
17.2 Successors and Assigns. This Lease shall be binding upon and inure to
the benefit of the parties, their successors and assigns.
17.3 Headings. The headings used in this Lease are for convenience only
and in no way define, limit, or extend the scope of this Lease or the intent of any
provision.
17.4 Entire Agreement. This Lease, including the exhibits and addenda, if
any, contains the entire agreement of the parties. All prior and contemporaneous
agreements, promises, representations, and statements relating to this transaction
or to the Premises, if any, are merged into this Lease.
17.5 Waiver. The waiver by the City or Tenant of any breach or default of
any term, covenant, or condition of this Lease shall not be deemed to be a waiver
of such term, covenant, or condition; of any subsequent breach or default of the
same; or of any other term, covenant, or condition of this Lease. The City's
acceptance of a rental payment shall not be construed to be a waiver of any
preceding or existing breach other than the failure to pay the particular rental
payment that was accepted.
17.6 Cumulative Remedies. The rights and remedies of the City and Tenant
under this Lease are cumulative and in addition to all other rights and remedies
afforded to the City and Tenant by law or equity or otherwise.
17.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and
every provision of this Lease.
17.8 Language. The word "Tenant" as used in this Lease shall be applicable
to one or more persons, as the case may be. The singular shall include the plural,
and the neuter shall include the masculine and feminine. The word "persons,"
whenever used, shall include individuals, firms, associations, and corporations.
17.9 Invalidity. If any provision of this Lease shall prove to be invalid, void,
or illegal, it shall in no way affect, impair, or invalidate any other provision of this
Lease Agreement- 13 (zora)
(F:re Station 75 Between Cary oJKent and RFA)
Lease.
17.10 Applicable Law and Venue. This Lease shall be interpreted and
construed in accordance with the laws of the State of Washington. Any reference to
a statute shall mean that statute as presently enacted or hereafter amended or
superseded. Venue for any action arising out of or in connection with this Lease
shall be in the Superior Court for King County, Washington.
17.11 Modification. Any modification of this Lease must be in writing and
signed by the parties. The City and Tenant shall not be bound by any oral
representations or statements.
17.12 Survival of Covenants. The covenants contained herein survive the
termination or expiration of the Lease for the applicable statute of limitation
periods.
17.13 Quiet Enjoyment. The City covenants and agrees that Tenant, upon
performing the terms and conditions of the Lease, may peacefully hold and enjoy
the Premises during said term without any interruption by the City, its successors
or assigns, or any person or company lawfully claiming by or through it.
17.14 Recording of Short Form Lease. Neither the City nor Tenant may
record this Lease without the other's prior approval, but the parties will at any time
at the request of either party promptly execute duplicate originals of an instrument,
in recordable form, which will constitute a short form of this Lease, setting forth a
description of the Premises, the terms of this Lease and other provisions hereof,
except the rental and other provisions as either party may request, which may be
recorded.
17.15 Duplicate Originals. This Lease Agreement may be executed in
duplicate originals.
THIS AGREEMENT requires the signature of all parties and is executed as of
the date of the last signature below.
CITY OF KENT KENT FIRE DEPARTMENT
REGIONAAL FIRE AUTHORITY
By: By: v:Ji�sa �G.a/tr'i[4icr
Its: A047 Gat df
D e o o Date: 07— 02 —IO
Lease Agreement- 14 (zoro)
(Fire Station 75 Between Ctry offent and RFA)
APPROVED AS TO FORM,
By:
Kent Law Department Brian Snure
Legal Counsel for Kent Fire Department
Regional Fire Authority
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this ffO day of VZCG - , 2010, before me a, Notary Public in
and for the State of Washington, personally appeared —cJ0 ���
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person who executed the foregoing instrument as /9wy0/1—
is the person who appeared before me, and said person acknowledged that
he/she signed this instrument, on oath stated that he/she is authorized to execute
the instrument on behalf of the City of Kent as its AR Off--, 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
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dayat9U' ��1' fiat above written.
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(P '01180 F 0 : NOTARY PUBLIC, in and for the
'' , �1111k-IS-N -F C� = State of Washin ton
Ili,, OF OWP'sYk ` Re iding atAppoinme pir /��hin ton
Lease Agreement- 15 (zoio)
(Fire Station 75 Between City of Kent and RFA)
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day of :IvA� 2010, before me A Notary Public in
and for the State of Washington, personally appeared ,r,rn n> )---
personally known to me (or proved to me on the basis of atisfactory,
evidence) to be the person who executed the foregoing Instrument as = �g�
is the person who appeared before me, and said person acknowledged that
he/she signed this instrument, on oath stated that he/she Is authorized to execute
the instrument on behalf of the, KENT FIRE DEPARTMENT REGIONAL FIRE
AUTHORITY as Its k-,;7-o� 4„0-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 Must Appear Within This Box
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
`%��.�a+eNh�}�
¢s����tARyv'''y
NOTARY PUBLIC, in and for the
$go _ • ' sZ State of Washington
Residing at Washington
My Appointment Expires
P•\Civil\Files\OpenFiles\1421-Regional Fire Authority\Pratt P&S,
Leases\LeaseAgreementStation75Fina1061410 docx
Lease Agreement- 16 (2010)
(Fire Station 75 Between City of Kent and RFA)
i
Exhibit A i
Station 75
The west 635 feet of the north half of the north half of the northwest quarter of the northeast quarter
of Section 35,Township 22 North, Range 5 East, W.M., in King County, Washington, EXCEPT that
portion conveyed to the State of Washington for Secondary State Highway No. 5-A by Deed recorded
under King County Recording Number 3426183 and by Deed recorded under King County Recording
Number 9005171185;EXCEPT that portion,if any,lying within the Aug Nordin Road established July
27,1899;
(ALSO KNOWN AS Parcel A,King County Lot Lane Adjustment Number S90M0040, recorded under
Recording Number 9005090716)
AND
That portion of the northeast quarter of the northwest quarter of Section 35, Township 22 North, Range
5 East,W.M.,in King County,Washington,described as follows
Beginning at the north quarter of said Section 35;thence south 00°45'14"west along the east line of said
northwest quarter,a distance of 50.00 feet to the south margin of Southeast 272nd Street and the TRUE
POINT OF BEGINNING; thence continuing south 00°45'14" west along said east line, a distance of
205.60 feet to the northeasterly margin of 155th Place Southeast as it exists on the ground;thence north
32°29'21"west along said existing right of way a distance of 2161 feet to a point of curvature; thence
northwesterly along the arc of a 199 67 foot radial curve to the right, through a central angle of
27°19'22", an arc length of 95.22 feet; thence north 05°10'00" west along said existing right of way, a
distance of 99.67 feet to the south margin of Southeast 272nd Street, as established by deed recorded
under Recording Number 9106171095;thence south 88144'21" east along said south margin a distance of
53.74 feet to the TRUE POINT OF BEGINNING;EXCEPT any portion conveyed to King County by deed
recorded under Recording Number 9308130335.
Subject to reservations,exceptions,easements and agreements of records, only as set forth as
paragraphs 1 through 11 on Stewart Title Company report #304516.
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�-� KENT REQUEST FOR MAYOR'S SIGNATURE
Please II in All Applicable Boxes
WASHINGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
f
Oiiginator. f�jl� � ���i f'�� Phone (Ouginator):
Date Sent: �/Z-4� Date Required
Return Signed Document to CONTRACT TERMINATION DATE:
VENDOR NAME: DATE OF COUNCIL APPROVAL:
Brief Explanation of Document:
All Contracts Must Be Routed Through the Law Department
(This Area to be Comple(ed By the Law Department)
Received:
Approval of Law Dept.:
JUN 2 a 2011
Law Dept. Comments:
1IN Kent
Date Forwarded to Mayor
Shaded Areas to Be Completed by Administration Staff
Received:
Recommendations & Comments: 2011
r7 7-
Disposrtion: 101aYV116
b A"wo, zo/ Z, -,e,t—J
Date Returned:
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