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HomeMy WebLinkAboutPK11-317 - Extension - Kent School District - Kent Pool Lease Extension Agreement - 05/26/2011 Records Mal-1-3 - emera_ KEN T _ _ WASHINGTON Document 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: Kent School District Vendor Number: JD Edwards Number Contract Number: SKI I-317 This is assigned by City Clerk's Office Project Name: Kent Pool Lease Extension Agreement Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 5/26/2011 Termination Date: 5/25/2016 Contract Renewal Notice (Days): 60 Number of days required notice for termination or renewal or amendment Contract Manager: Teri Petrole/Jeff Watling Department: Parks Admin. Detail: (i.e. address, location, parcel number, tax id, etc.): Kent Pool Lease Extension Agreement rJA 5 Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 r { LEASE EXTENSION AGREEMENT THIS LEASE EXTENSION AGREEMENT ("Lease Extension") is entered into by and between KENT SCHOOL DISTRICT NO. 415, a Washington municipal corporation ("Lessor"), with offices located at 12033 SE 256th Street, Kent, Washington 98030, and the CITY OF KENT, a Washington municipal corporation ("Lessee"), with offices located at 220 Fourth Avenue South, Kent, Washington 98032. RECITALS: WHEREAS, Lessor is the owner of the property located at 10020 SE 256th Street, in the City of Kent, legally described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Premises"); and WHEREAS, Lessor leased the Premises to King County, Washington, a legal subdivision of the State of Washington (the "County") in a Lease Agreement dated May 26, 1971 (the "Lease"), which is attached hereto and incorporated herein by this reference as Exhibit "B"; and WHEREAS, the County constructed a facility known as the Kent Pool ("Pool") on the Premises; and WHEREAS, the County and Lessee reached an agreement for transfer of ownership of the Pool from the County to Lessee pursuant to an Intergovernmental Land Transfer Agreement Between Kin Count and the City of Kent entered into on 9 9 Y Y March 10, 2003,; and WHEREAS, the County assigned its interest in the Lease for the Premises to Lessee pursuant an Assignment Agreement Between King County, the City of Kent, and the Kent School District, entered into on March 10, 2003, which is attached hereto and incorporated herein by this reference as Exhibit "C"; and WHEREAS, per the terms of the Lease, the initial 40 year term expires on May 25, 2011, but includes an option to renew upon terms to be negotiated by the parties; and WHEREAS, Lessor and Lessee desire to extend the term of the Lease under the same terms of the initial 40 year term except as otherwise provided below.; NOW THEREFORE, Lessor and Lessee hereby agree and covenant as follows: Lease Extension Agreement - Page 1 (Between Kent School District No. 415 and the City of Kent) . e 1. Lease Term. The term of this Lease Extension shall be for five (5) years and shall commence on May 26, 2011 (the "Commencement Date") and shall end on May 25, 2016; subject to the early termination right that is provided in paragraph 1.1 below. Additionally, Lessee shall have the option to renew this Lease Extension for five (5) additional one (1) year terms ("Renewal Term") with the same covenants and conditions set forth herein without additional action of the City Council. Lessee may exercise the right to a Renewal Term by providing Lessor written notice at least thirty (30) days prior to the commencement of the successive Renewal Term. Upon expiration of the Lease Extension, the terms, covenants and conditions of this Lease Extension shall terminate, unless specifically stated to survive termination. 1.1 Given the age of the facility and high costs of operating it, and the Lessor's interest in using school facilities for school purposes, each party shall have a right of early termination of the Lease on the following grounds. City may terminate the Lease upon no less than ninety (90) days' written notice of intent to terminate transmitted to the District in the event that the City Council determines it cannot feasibly operate the Pool. District may terminate upon no less than ninety (90) days' written notice of intent to terminate transmitted to the City in the event that the School Board determines that it needs the property for any school business purpose. 2. Indemnity. The indemnification provisions of the Lease shall be amended as follows: 2.1 Except as provided for in section 2.2, the Lessor 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 Pool and caused by or resulting from any act or omission by any officer, agent, employee, guest, invitee, or visitor of Lessee, and, during the term hereof, Lessee agrees and covenants to indemnify, defend, and hold harmless the Lessor 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 the Pool, or on any areas adjoining the same, which is under the control or use of Lessee pursuant to this lease and arising out of or in connection with Tenant's use and occupancy of the Premises. 2.2 Lessor agrees and covenants to indemnify, defend, and hold harmless the Lessee, its officers, employees, and agents thereof, against and from an loss damage, costs charge, expense, liability, claim, demand, or Y 9 9 P judgment of whatsoever kind or nature whether to persons or property, Lease Extension Agreement - Page 2 (Between Kent School District No. 415 and the City of Kent) arising out of or in connection with the Lessor's negligence in its performance under this Lease or use of the Premises. 2.3 The provisions of Section 2 shall survive the expiration or termination of this Lease Extension. 2.4 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 Lessor and Lessee, its officers, officials, employees, and volunteers, the Lessee's liability hereunder shall be only to the extent of the Lessee's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LESSEEE'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. 3. Insurance. The insurance provisions of the Lease shall be amended as follows: 3.1 During the term of this Lease Extension and any Renewal Term thereof, the Lessee shall maintain an insurance policy on the Premises and the Pool in the amount of the replacement cost, for damage from fire; earthquake; and other perils. The proceeds on a claim against said insurance policy for damage shall be used to repair damage to the Premises and Pool and to repair or replace any damaged personal property provided by the Lessor. 3.2 The Lessee shall be responsible for maintaining its own fire and hazard insurance on Lessee owned personal property and leasehold improvements placed within the Premises by the Lessee. 3.3 The Lessee shall procure and maintain for the duration of the Lease Extension, insurance against claims for injuries to persons or damage to property which may arise from or in connection with this Lease Extension by the Lessee, its agents, representatives, employees or subcontractors. The Lessee shall provide a Certificate of Insurance evidencing the following: Lease Extension Agreement - Page 3 (Between Kent School District No. 415 and the City of Kent) 3.3.1 Automobile Liability insurance with limits no less than $5,000,000 combined single limit per accident for bodily injury and property damage. 3.3.2 Commercial General Liability insurance written on an occurrence basis with limits no less than $5,000,000 combined single limit per occurrence and $10,000,000 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. 3.4 Any payment of deductible or self-insured retention shall be the sole responsibility of the Lessee. 3.5 Lessor shall be named as an additional named insured on the insurance policy, with respect to work performed by, or on behalf of, the Lessee, and a copy of the endorsement naming Lessor as additional named insured shall be attached to the Certificate of Insurance. 3.6 The Lessee'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. 3.7 The Lessee's insurance shall be the primary insurance with respect to Lessor, and Lessor shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage. 3.8 In the alternative, Lessee may satisfy the requirement in subsection 3 by providing proof of coverage through a self-insured retention policy with protection equal to or greater than that specified in subsection 3. 4. Damage or Destruction. The parties recognize that some or all use of the Premises or the buildings thereon may be interfered with or prevented because of fire, earthquake, flood, storm, landslide, act of war, act of domestic or foreign-based terrorism, vandalism, theft, or other extraordinary casualty ("Casualty"). 4.1 Material Damaae. If the Premises or Pool are damaged or destroyed by fire or any Casualty to an extent that interferes with the use Lease Extension Agreement - Page 4 (Between Kent School District No. 415 and the City of Kent) and occupancy of the Premises or Pool by Lessee, and 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 Lessee 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 jointly determine how long the repair and restoration will take. If the parties jointly determine that the repair and restoration is likely to take more than one hundred twenty (120) days from the date of the destruction or damage to complete, then Lessee shall have a period of thirty (30) days to terminate the Lease by giving written notice to Lessor. In the event that Lessee so elects to terminate the Lease, Lessee shall not be required to use the insurance proceeds, as required in Section 3, to repair or restore the Premises and Pool. 4.2 Repair after Damage.. If Lessee does not give notice of Lessee's election to terminate as provided in subsection 4.1, then the Lessee 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 and Pool are restored to a condition of similar quality, character and utility for Lessee's purposes. In no event shall the Lessee be obligated to spend more money on the repair than is provided by insurance proceeds in subsection 3. 4.3 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 Lessor or Lessee may terminate this Lease by thirty (30) days written notice to the other of its election 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. 4.4 Responsibility for Costs of Demolition. Nothing in Section 4 shall relieve the Lessor of its responsibility for any costs of demolishing the pool as provided in Section 5 of the Assignment Agreement executed between King County, the City of Kent, and the Kent School District on March 10, 2003. 5. 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: Lease Extension Agreement - Page 5 (Between Kent School District No. 415 and the City of Kent) Lessor: Kent School District Attn: Chief Business Officer 12033 SE 256" Street Kent, Washington 98030-6643 (253) 373-7295 telephone Lessee: City of Kent Director of Parks 220 Fourth Avenue South Kent, Washington 98032 (253) 856-5100 Telephone (253) 856-6050 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. 6. Miscellaneous. 6.1 Authority. Lessor and Lessee represent that each person signing on this Lease Extension on its behalf is authorized to do so. 6.2 Successors and Assigns. This Lease Extension shall be binding upon and inure to the benefit of the parties, their successors and assigns. 6.3 Entire Agreement. This Lease Extension, 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 Extension. 6.4 Waiver. The waiver by Lessor or Lessee 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 Extension. 6.5 Modification. Any modification of this Lease Extension must be in writing and signed by the parties. Lessor and Lessee shall not be bound by any oral representations or statements. 6.6 Quiet En]oyment. Lessor covenants and agrees that Lessee, upon performing the terms and conditions of the Lease Extension, may Lease Extension Agreement - Page 6 (Between Kent School District No. 415 and the City of Kent) peacefully hold and enjoy the Premises during said term without any interruption by the Lessor, its successors or assigns, or any person or company lawfully claiming by or through it. 6.7 Duplicate Originals. This Lease Extension 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. LESSOR: LESSEE: KENT SCHOOL DISTRICT CITY OF KENT 6� By: S By: Lzette Print Name: Dr. Edward r as Cooke Its: Su erintendent Its: Mayor Date: Date: 1'01 - 11 Notary Acknowledgements appear on following pages Lease Extension Agreement - Page 7 (Between Kent School District No. 415 and the City of Kent) STATE OF WASHINGTON ) ss. ) COUNTY OF KING ) I hereby certify that on the 116 dam' of 0� 2011, I know or have satisfactory evidence that ✓AYI; �L� 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 itslyAyo,- 13y&,*w 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- `\\����rrrrr1111111 �P�[ � 9p WHEREOF, I have hereunto set my hand and official seal the day 5$A/written. -- =p� ?pTA'Q< �•pTy� � // ��j�-/may A�e�`° _`a NOTA Y PUBLIC, in a_n r the,Sttatte of Washington Residing at: �f `�7 My appointment expires 7 '72--- Lease Extension Agreement - Page 8 (Between Kent School District No. 415 and the City of Kent) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the 27th day of September , 2011, I know or have satisfactory evidence that Dr. Edward L . Vargas 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 KENT SCHOOL DISTRICT NO. 415, a Washington municipal corporation, as its superintendent , 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. Te- .�� vO���OTAO'�''Z,% /� �yJ�� �• �J �l1/PYI 5 'U NOTARY PULIC, in and for the State of Washington NA °(�g``O = residing at /�!� LU/� A 2..``g\`1 ,�0?- My appointment expires -a 9 VASIAN���� h11N\NR\�, P\Civil\Files\Open Fles\1580-Kent Pool\Kent Swimming Pool Lease Extension doa Lease Extension Agreement - Page 9 (Between Kent School District No. 415 and the City of Kent) . � I EXHIBIT A I That portion of W. 1/2 of S.W. 1/4 of S.W. 1/4 of section 20, T. 22 N. , n.5 E. , W.M. described as follows: beginning at a bronze monument marking the intersection of•the center line of secondary State Highwav No. 5-A with the center line of secondary State Highway No. 5-C and being the S.E. corner of the S.W. 1/4 of S.W. 1/4 of said Section 20; thence, N. 0010133"W. along the center line of said secondary State Flighway No. 5-C 828.1l'; thence N. 89043'19" W. 623.51' to the E. line of the w. 1/2 of S.W. 1/4 of S.W. 1/4 of said Section 20 and the true point of beginning; thence continue N. 89043'19" W. 313.831; thence S. 0023'03" W. 133.33'; `..hence S. 89055138" E. 79.10, thence S. 0004122" W. 41.001; thence S. 89055,38" E. 236.80' to the E. 1_ne of the W. 1/2 of S.W. 1/4 of S.1•7. 1/4 of said Section 20; thence h''. 0022128" W. along said line 173.21' to the true point or beginning; subject to an easement over the E. 35' thereof. Lease Extension Agreement - Page 9 (Between Kent School District No. 415 and the City of Kent) EXHIBIT B LEASE AGREEMENT THIS LEASE made in quadruplicate this 26 day of May 1971, by and between KING COUNTY, WASHINGTON, a legal subdivision of the State of Washington, Lessee, and KENT SCHOOL DISTRICT NO. 415, King County, Washington, a municipal corporation of the State of Washington, Lessor: WITNESSRTH: ' I In consideration of the covenants and agreements I of the Lessee hereinafter set forth, the School District does by these presents lease and demise unto King County that certain real estate described as follows: That portion of W. 1/2 of S.W. 1/4 of S.W. 1/4 of Section 20, T. 22 N. , R.5 E. , W.M. described as follows: Beginning at a bronze monument marking the intersection of.the center line of ; secondary State Highway No. 5-A with the center line of secondary State Highway No. S-C and being the S.E. corner of the S.W. 1/4 of S.W. 1/4 of said Section 20; thence, N. 0010133"14. along the center line of said secondary State Highway No. 5-C 826.1l' ; thence N. 89043'19" W. 623.51' to the E. line of the W. 1/2 of S.W. 1/4 of S.W. 1/4 of said Section 20 and the true point of beginning; thence continue N. 89'43'19" W. 313.83'; thence S. 0123103" W. 133.33' ; thenoe S. 89"55'38" E. 79.10: thence S. 0004122" W. 41.00' ; thence S. 89*55138" E. 236.B0' to the E. ]_ne of the W. 1/2 of S.W. 1/4 of S.T•r. 1/4 of said Section 20; thence N. 0022128" '. along said line 173.21' to the true point or beginning; sub)ect to an easement over the E. 35' thereof. In addition to the property leased, the School District will provide all convenient and necessary easements for utilities, ingress and egress. I The term of such lease shall be for a period of forty (4D) years from the date above written. Upon ea-piration of DC0002 Corrected Page 1 r • I said lease term, Lessee shall have an option to renew such lease upon terms to be negotiated between the parties, it being the intent at this date that the lease continue for at least the useful life of the building and structures to be located on the premises. ha King County accepts the premises in the present condition and for the purpose of immediately constructing thereo(n�a major indoor swimming pool. v King County shall be responsible for compliance with all laws affecting use of the property for all charges for utilities or governmental charges or taxes that should be levied against the property or this lease, for all maintenance, repairs and insurance thereon and shall keen the property in good repair and insured against all damage and liability resulting from the use thereof. Such insurance shall name lessor as an additional insured. King County shall at times when facilities on the leased premises are not to be used by Ring County permit the School District to use such facilities subject to a Use Agreement between the two agencies. King County agrees to hold the School District harmless and to indemnify and defend the School District against any claim or liability for damage to any person or property and costs incident thereto arising with respect to the leased premises, except when such damage is a result of School District sponsored or controlled activities on the leased premises or where such damage :s attributable to some act or omission of the School District. -2- V V 1 The School District agrees to hold King County • f harmless and to indemnify and defend King County against any claims or liability for damage to any person or property on j the leased remises and costs incident thereto caused b the P Y negligence of the School District or as a result of School District sponsored or controlled activities on the leased premises, and where such damage is not attributable to some act or omission of King County. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first above written. ORND PELLMAN 6-Z-71 COUNUN TY ..XECUTIVE KEA'T SCH OL DISTRICT NO. 415 d� •-ram Approved as to Form and/Legality GARY E. JACOBSON( Deputy Prosecuting Attorney 5/�:5-/-7/ /Date -3- j i � v STATE OF WASHINGTON ) Ss. COUNTY OF R I N G ) i On this day of , 1971, before me I personally appeared O-e � , to me known to be the (president, vice president, secretary, treasurer, or other authorized officer or agent, as the case may be) of the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in apt for the State of Washington, residing ate.. I ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT("Agreement')is entered into this day of 2003, by and between KING COUNTY, apolitical subdivision of the State of Washington (the "County") and the CITY OF KENT, a Washington municipal corporation (the "City"), and KENT SCHOOL DISTRICT No 415, a Washington municipal corporation(the"Distnct")(collectively referred to herein as the`Tarhes'� WHEREAS, the County has leased certain real property from the District pursuant to the Lease Agreement dated May 26, 1971 ("Lease'),which is attached and incorporated herein as Exhibit A, WHEREAS,the County has constructed a facility known as the Kent Pool("Pool") on the property leased from the District pursuant to the Lease, WHEREAS, the County and City have reached an agreement for transfer of ownership of the Pool from the County to the City, WHEREAS, the Lease should accordingly be assigned to the City and the District approves of such assignment, NOW THEREFORE, in consideration of the mutual promises made in thus Agreement and other good and valuable consideration, receipt of which is hereby acknowledged,the Parties agree as follows AGREEMENT 1 Assimiment The County hereby assigns,transfers and conveys to the City all of the County's right,title,and interest in and to the Lease 2 Assumption The City hereby accepts and assumes all of the County's right, title and interest in and to the Lease and assumes all obligations of any kind or nature under the Lease that anse after the date of this Agreement The City agrees for itself,its successors and assigns,to defend,indemnify, and hold harmless the County,its appointed and elected officials and employees, from and against any and all claims,liability, damages,demands, suits, judgments,costs,including attorney fees and costs of defense,which is caused by,arises out of,or is incidental to the City's breach or violation of the terms of the Lease or this Agreement -1- I S 1 I 3 Acceptance The District hereby approves and accepts the assignment of the Lease from the County to the City pursuant to the terms contained in this Agreement and releases the County from all obligations under the Lease, provided,however,this release shall not constitute a release from liability as to any breach of the Lease by the County that occurred prior to the date of this Agreement. 4 No Other Amendments Except as modified or amended by this Agreement; all of the terms and conditions of the Lease remain unchanged 5 Responsibility for Demolition Within fifteen(15)days of the execution of the Inter Governmental land Transfer Agreement between King County and the City of Kent,the City shall transfer an amount equal to seventy seven thousand,five hundred andno/100($77,500 00),which funds the District may use for any purposes As consideration for the City's transfer of these :Funds to the District,the District agrees that it is solely liable for any costs of demolishing the pool 6 General Provisions,This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement No provision of this Agreement may be amended or modified except by written agreement signed by the Parties This Agreement shall be binding upon and inure to the benefit of the Parttee successors in interest,heirs and assigns. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney,or files a lawsuit,each Party shall pay all its own attorneys'fees, costs and expenses This Agreement shall be governed by the laws of the State of Washington The venue for any dispute related to tins Agreement shall be King County,Washington Failure of any Party to declare any breach or default immediately upon the occurrence thereof or delay in taking any action in connection with,shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its piovision in which performance is a factor, 7 Countemarts This Agreement maybe executed in any number of counterparts,which counterparts shall collectively constitute the entire Agreement I -2- i Dated as of the date and year first above wntten KING COUNTY C F KENT By By Its It KENT SCHOOL DISTRICT NO 415 By Its Ass t Si' of dkerxrtr� p��� S 1 -3- S c Ii I STATE OF WASHINGTON ) ss COUNTY OFj Q� ) f�,, I cer* that I know or have satisfactory evidence that t%m 6155n60tfip— is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authonzed to execute the inst and acknowledged it as the DfyAnr of 7 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated c 0 n Notary Public �— Za'YIQSSt � Print Name S �{OTAgy My commission expires u ►°Ih01114 ,� is � . i (Use this apace for notarial stamplseaD STATE OF WASHING ON ) • )s8 COUNTY OF ) I certify that I know or have satisfactory evidence that nhr.t/ G./hAht-14, is the person who appeared before me, and said person acknowledged that he/she signed this instmment, on oath stated that he/she was authorized to execute the en t and acknowledged it as the /llfslFrulof—d3rrun;yf Si a,eeS of to be the free and voluntary act of such party for the uses and purposes mentioned in Pe instrument 3��I03 Hated a, Notary Public Print Name CC�S r My commission expires ♦ +nrr+ nr �n (Use this space fornofamal stamp/seaD -4- I� I STATE OF WASHINGTON ) ss COUNTY OP ) I certt that I know or bave satisfactory evidence that is the person who appeared before me, and said person ac*wledg4t that h signed this nistrument,on oath st ed that he/she wa onzed to execute the mtrament and acknowledged it as the of to be aw free and voluntary t of such party for the uses and purp es zpffionedin the instrument Dated ` O �A�pH1lNllilf�f I 4. s. lt,,�N`to Notarya lic ld,,,•••• /''� PnntN N►C2 / . NyO711ltjw�* My commission expires i A Mw aK 5 4o���4R Mrnn S" (Use this spaco for nntanal stamp/seal) i -5- REQUEST FOR MAYOR'S SIGNATURE 5 " Please Fill in All Applicable Boxes KENT 1' Reviewed by Director Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Jeff Watling - Parks Phone (Originator): 5101 Teri 5007 Jeff Date Sent: 9 11 Date Required. 9/26/11 Return Signed Document to: Teri CONTRACT TERMINATION DATE: 5/21/11 VENDOR NAME: Kent-School District DATE OF COUNCIL APPROVAL: 5/3/2011 Brief Explanation of Document: Kent Pool Lease Extension Agreement with Kent Scnool District. King County and the Kent School District (KSD) entered into a lease agreement 40 years ago for a pool to be built by the County on School District property at Kent Meridian High School. In 2003, the pool was transferred from King County to the City of Kent. As part of the transfer, this original lease with KSD was assigned to the City of Kent. This original lease expires on May 25, 2011. The agreement extends the lease so that the pool can continue operating in its current capacity. The agreement is a year-to-year extension for up to 10 years. All Contracts Must Be Routed Throargh The Law Department (This area to be completed by the Law Department) [Received: RECEIVE® � Approval of Law Dept : SEP !YO 11 Law Dept Comments: NT LAW ©EPT. 'i Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: ���y�/I c 01��� �k U � �ur� �c&d- y Le m Date Returned: