HomeMy WebLinkAboutL12-141 - Original - Ackerley Communications, Inc. - Lease of Outdoor Display Advertising Signs - 06/09/1988 L i3 f 3y
LEASE OF OUTDOOR DISPLAY
ADVERTISING SIGNS
1 . Parties. THIS LEASE is made as of this 9th day of (�(tj�, 1988
by and between the CITY OF KENT, a Washington municipal ("Lessor"), and
ACKERLEY COMMUNICATIONS, INC. , a Washington Corporation ("Lessee").
2. Premises. Lessor does hereby lease to Lessee and Lessee does hereby
lease from Lessor non-exclusive rights in the following described properties
("Properties"), all situated in King County, Washington:
Parcel 1
2.1 A parcel of land situate in the N 1/2 SE 1/4 NW 1/4
of Section 24 T. 22N., R. 4 E. of the Willamette
Meridian in the City of Kent, King County,
Washington, bounded and described as follows:
Beginning at a point in the south line of Smith
Street (formerly Shinn Avenue) which is 57.0 feet
distant westerly, measured radially, from the
centerline of the main track of the
Oregon-Washington Railroad & Navigation Company, as
presently constructed and operated;
thence S. 89°45'06" W. along said south line, a
distance of 143.05 feet to a point in the easterly
right-of-way line of the Seattle-Tacoma Interurban
Railway;
thence S. 1000'03" W., along said easterly
right-of-way line, a distance of 539.38 feet to a
point in the northerly line of Meeker Street;
panels in the Puget Sound market area mutually agreed to by City and Ackerley
for five (5) months of advertising per calendar year at no charge to Lessor.
Lessee shall pay the additional rent payable pursuant to paragraph 12 if
billed by Lessor. Rent shall be payable in advance on or before the first day
of each calendar month without setoff or deduction in lawful money of the
United States to Lessor. Checks for such amounts will be accepted by Lessor
should it be placed on one all-inclusive check and shall be made payable to
the "City of Kent".
5. Non-Exclusive Use. Lessee shall have non-exclusive use of the
Properties for the use and servicing of outdoor display advertising signs.
Lessor shall continue to have the right to enter onto the Properties to
perform functions incident to Lessor's use of such signs.
6. Compliance with Law and Rules. Lessee shall comply promptly with all
applicable statutes, ordinances, rules, regulations, orders, rules and
regulations of Lessor and restrictions which regulate the use of outdoor
display signs and the Properties. Lessee shall not use or permit the use of
the Properties in any manner that unreasonably interferes with the use of the
Properties by Lessor. This lease agreement is subject further to restrictions
contained in a Donation Quitclaim Deed executed on July 10, 1988 and by Union
Pacific Railroad Company and Union Pacific Land Resources Corp. recorded
respectfully at Nos. 8408230062 and 8408230063 of King County Assessor Records.
7. Condition of Properties. Lessee hereby accepts the Properties in the
condition existing on the date of this Lease.
8. Alterations. Lessee shall make no alterations, additions or
improvements to the Properties without the prior written consent of Lessor.
9. Maintenance. Lessee shall maintain the Properties and the outdoor
advertising signs in good condition at Lessee's sole cost and expense.
10. Indemnification and Hold Harmless. Lessee shall defend, indemnify
and hold harmless Lessor, its elected officials, appointed officials and
- 3 -
employees, from and against any and all claims, demands, and causes of actions
of any kind or character whatsoever, arising as a result of Lessee or third
party claims of alleged personal injuries (including various compensation
claims), death, or damage to their persons or property to the extend caused by
negligent acts, errors, or omissions of Lessee and/or its agents,
subcontractors, employees, or representatives; provided that no duty to
defend, indemnify and hold harmless shall arise by reason of the sole
negligence of the Lessor as determined by a trier of fact. Lessor shall
defend, indemnify and hold harmless Lessee, its partners, officers, employees
and subcontractors from all claims, expenses and liability, following
operation of applicable rights of contribution, to the extent caused by
negligent acts, errors or omissions of Lessor, its employees, including any
claims made by employees of the Lessor.
11 . Insurance. At Lessee's expense, Lessee shall maintain in force
during the term of this Lease and any extension thereof, public liability
insurance covering each of the Properties with a combined single-limit
coverage in the amount of $500,000. The insurance policy shall be issued by
an insurance company acceptable to Lessor; name Lessor as an additional
insured; be in form acceptable to Lessor, and contain a provision that it
shall not be terminated without written notice to Lessor and Lessee no less
than fifteen (15) days prior to the date of termination.
12. Taxes. Lessee shall be liable for, and shall pay throughout the term
of this Lease as additional rent, all license fees and all excise taxes
payable for, or on account of, the activities conducted on the Properties and
all taxes on the property of Lessee on the Properties and any taxes on the
Properties and/or on the leasehold interest created by this Lease and/or any
taxes levied in lieu of a tax on said leasehold interest and/or any taxes
levied on, or measured by, the rentals payable hereunder, whether imposed on
Lessee or on Lessor. Lessee shall reimburse Lessor for all such taxes paid or
payable by Lessor. With respect to any such taxes payable by Lessor which are
on or measured by the rent payments hereunder, Lessee shall pay to Lessor with
each rent payment an amount equal to the tax on, or measured by, that
particular payment. All other tax amounts for which Lessor is or will be
entitled to reimbursement from Lessee shall be payable by Lessee to Lessor at
- 4 - Ii
i
least fifteen (15) days prior to the due dates of the respective tax amounts
involved; provided, that Lessee shall be entitled to a minimum of ten (10)
days' written notice of the amounts payable by it.
13. Utilities. Lessee shall pay for electricity and any other utilities
furnished to or consumed upon the Properties.
14. Assignment and Subletting. Lessee shall not assign or sublease any
of the Properties without the prior written consent of Lessor.
15. Default. If Lessee fails to perform any obligation of Lessee under
this Lease, Lessor may provide written notice to Lessee, and if Lessee
thereafter fails to cure a default in the payment of rent no later than three
(3) days, or fails to perform any other obligation of this Lease no later than
ten (10) days following the date of receipt of Lessor's notice of default,
Lessor may terminate this Lease. If Lessee defaults under this Lease, Lessee
shall pay to Lessor all unpaid rent and other costs and expenses which Lessor
may suffer because of Lessee's default with interest at the rate of eighteen
1 percent (18%) per annum. If Lessor terminates this Lease, costs and expenses
to which Lessor shall be entitled shall include any costs incurred by Lessor
in reletting Properties and any deficiency in rent during the remaining term
of this Lease. Such costs shall also include costs and attorney fees in
enforcing the indemnification provisions of paragraph 10 relating to
indemnification alone.
16. Attorney's Fees. If a party to this Lease defaults, the defaulting
party shall pay all costs incurred by the non-defaulting party because of the
default, including but not limited to the cost of legal counsel incurred with
or without litigation or on appeal .
17. Termination by Lessor. In the event Lessor hereafter requires any or
all of the Properties for other purposes in connection with its municipal
function, Lessee will remove its outdoor display signs on such Properties
(Parcel A and/or Parcel 8) upon thirty days' written notice and this Lease
shall terminate as to those Properties at the end of the thirty day period.
Thereafter, Lessee shall restore the property subject to this Lease to its
- 5 -
original condition at its sole cost no later than 60 days following thirty
days written notice by the City. Lessor shall be the sole judge of
determining whether restoration to original site conditions are complete are
acceptable to Lessor. Lessor shall notify Lessee in writing of its approval
or nonapproval of such restoration work within 30 days following written
notice from Lessee of restoration completion.
18. Termination by Lessee. If the view of any of the Properties or any
of Lessee's signs are obstructed or impaired or the value of such signs is
diminished by reason of diversion or reduction of traffic or use of such signs
is prevented by law, or if, for any reason, a building permit for the erection
of such signs is refused, Lessee shall have the right to terminate this Lease
as to such Properties upon thirty days' written notice. Rent shall be
prorated to the date of termination.
19. Notices. Any notice required or permitted to be given hereunder
shall be in writing and may be given by personal delivery or by regular mail .
A notice shall be delivered or mailed to the applicable address set forth
below. Either party may, by notice to the other party, specify a different
address for notice purposes. If mailed a notice shall be deemed to be
received on the second business day following the date of mailing and the
postmark affixed thereto shall be deemed conclusive evidence of the date of
mailing.
CITY OF KENT
Date:
Mayor
- 6 -
-_..�"'"Tuc''lfa�•'�+'�3`•'AY.�:L�l.:... }n:- ;i'_5.fu� .. � "_�i -r.•_. ^.,rx,'l.•:`•.��'`i.'ikL�r �9�Ca''�,C."�.�W. ,n Y;....:. .r �� '
4C..�_na.ne•.�t-... 't:: ?»�_ ../v:1:..�*al..i.�5:�'� .n+�'�l ! w�eiY'p �! t:�i_4•j.., d'.'•=•T:��''h'ir��'�+'
tr•'s �'s�iGLY.tia.:li*�:t a'i. sk:J_�__,.£5 t '7i �.Yti-k13t+-'
ATTEST:
i co—�jpis,/
Brenda Jacober,64ty City Clerk
Date:
Authorized Representative
Ackerley Communications, Inc.
Approved as to form:
Sandra Driscoll , City Attorney
STATEOF.....W A......._........... .county of....J I�.»........_.vs.
On this zO ..day of.... ' 19.5?`f,before me personally appeared..Sr_-t •��RaEk.-•••ro me known to be
..................... ...............
�� �Ca
the_-.(�•cNE&t°s •„t.AA+.�l 5jC&.P... and the duly authorized agent Qf-.F;�•Y ...c •-- sal••••••••` . the corporation that esecu-
ted the within and foregoing instrument,as Lessee,and acknowledged that he executed said instrument on behalfofsaid corporation,that said instrument is '
the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned,and oath slated that he was authorized to execute said
instrument.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my offcia!s !t day and year frost abo*written. i
.. . .... ......Notary Public in and for the..C �...
1 f 1?y'fdj residing err....rJ .._. .....»..._...in said county.
My Commission expires......... ...... .. State of....W A .._.... .. ..,
i
3983E-1OL - -
7 -
LEASE OF OUTDOOR DISPLAY
ADVERTISING SIGNS
1 . Parties. THIS LEASE is made as of this 9th day of 1988
by and between the CITY OF KENT, a Washington municipal ("Lessor" ), and
ACKERLEY COMMUNICATIONS, INC., a Washington Corporation ("Lessee").
2. Premises. Lessor does hereby lease to Lessee and Lessee does hereby
lease from Lessor non-exclusive rights in the following described properties
("Properties" ), all situated in King County, Washington:
Parcel 1
2.1 A parcel of land situate in the N 112 SE 1/4 NW 1/4
of Section 24 T. 22N., R. 4 E. of the Willamette
Meridian in the City of Kent, King County,
Washington, bounded and described as follows:
Beginning at a point in the south line of Smith
Street (formerly Shinn Avenue) which is 57.0 feet
distant westerly, measured radially, from the
centerline of the main track of the
Oregon-Washington Railroad & Navigation Company, as
presently constructed and operated;
thence S. 89°45'06" W. along said south line, a
distance of 143.05 feet to a point in the easterly
right-of-way line of the Seattle-Tacoma Interurban
Railway;
thence S. 1 °00'03" W., along said easterly
right-of-way line, a distance of 539.38 feet to a
point in the northerly line of Meeker Street;
I
d
thence N. 89°50'38" E., along said northerly line,
a distance of 165.81 feet to a point 57.0 feet
distant westerly, measured at right angles, from
said centerline of main track;
thence N. 0°49'42" E., parallel with said
centerline of main track, a distance of 137.08 feet;
thence N. 0°25'49" E. a distance of 118.81 feet to
the beginning of a nontangent curve, concave
westerly, having a radial line which bears N.
89°37 '42" E. a distance of 2807.93 feet;
then northwesterly along said curve, concentric
with and 57.0 feet distant westerly, measured
radially, from said centerline of main track,
through a central angle of 5°47'55", a distance of
284.18 feet to the Point of Beginning.
Containing an area of 1 .99 acres, more or less.
Parcel 2
2.2 That portion of the southeast quarter of the
southeast quarter of Section 11 , Township 22 North,
Range and East, W.M.
3. Term. The term of this Lease shall be for one year commencing on
June 9, 1988 and ending on May 31 , 1989; thereafter a month to month tenancy
terminable at will by either party upon thirty (30) days' prior written
notice. During the month to month tenancy the Lease may be terminated as to
one or more of the Properties. If the Lease is terminated as to one or more
of the Properties, it shall continue in effect as to the remaining Properties.
4. Rent. In lieu of Lessee's payment to the City for use of said
property, the City shall be entitled to the use of designated Ackerley poster
_ 2 _
panels in the Puget Sound market area mutually agreed to by City and Ackerley
for five (5) months of advertising per calendar year at no charge to Lessor.
Lessee shall pay the additional rent payable pursuant to paragraph 12 if
billed by Lessor. Rent shall be payable in advance on or before the first day
of each calendar month without setoff or deduction in lawful money of the
United States to Lessor. Checks for such amounts will be accepted by Lessor
should it be placed on one all-inclusive check and shall be made payable to
the "City of Kent".
5. Non-Exclusive Use. Lessee shall have non-exclusive use of the
Properties for the use and servicing of outdoor display advertising signs.
Lessor shall continue to have the right to enter onto the Properties to
perform functions incident to Lessor's use of such signs.
6. Compliance with Law and Rules. Lessee shall comply promptly with all
applicable statutes, ordinances, rules, regulations, orders, rules and
regulations of Lessor and restrictions which regulate the use of outdoor
display signs and the Properties. Lessee shall not use or permit the use of
the Properties in any manner that unreasonably interferes with the use of the
Properties by Lessor. This lease agreement is subject further to restrictions
contained in a Donation Quitclaim Deed executed on July 10, 1988 and by Union
Pacific Railroad Company and Union Pacific Land Resources Corp. recorded
respectfully at Nos. 8408230062 and 8408230063 of King County Assessor Records.
7. Condition of Pro ert e . Lessee hereby accepts the Properties in the
condition existing on the of this Lease.
8. Alterations. Lessee shall make no alterations, additions or
improvements to the Properties without the prior written consent of Lessor.
9. Maintenance. Lessee shall maintain the Properties and the outdoor
advertising signs in good condition at Lessee's sole cost and expense.
10. Indemnification and Hold Harmless. Lessee shall defend, indemnify
and hold harmless Lessor, its elected officials, appointed officials and
i
- 3 -
employees, from and against any and all claims, demands, and causes of actions
of any kind or character whatsoever, arising as a result of Lessee or third
party claims of alleged personal injuries (including various compensation
claims), death, or damage to their persons or property to the extend caused by
negligent acts, errors, or omissions of Lessee and/or its agents,
subcontractors, employees, or representatives; provided that no duty to
defend, indemnify and hold harmless shall arise by reason of the sole
negligence of the Lessor as determined by a trier of fact. Lessor shall
defend, indemnify and hold harmless Lessee, its partners, officers, employees
and subcontractors from all claims, expenses and liability, following
operation of applicable rights of contribution, to the extent caused by
negligent acts, errors or omissions of Lessor, its employees, including any
claims made by employees of the Lessor.
P
11 . Insurance. At Lessee's expense, Lessee shall maintain in force
during the term of this Lease and any extension thereof, public liability
insurance covering each of the Properties with a combined single-limit
coverage in the amount of $500,000. The insurance policy shall be issued by
an insurance company acceptable to Lessor; name Lessor as an additional
insured; be in form acceptable to Lessor, and contain a provision that it
shall not be terminated without written notice to Lessor and Lessee no less
than fifteen (15) days prior to the date of termination.
2 Taxes. Lessee shall be liable for and shall a throughout the term
l a s. pay g
of this Lease as additional rent, all license fees and all excise taxes
payable for, or on account of, the activities conducted on the Properties and
all taxes on the property of Lessee on the Properties and any taxes on the
Properties and/or on the leasehold interest created by this Lease and/or any
taxes levied in lieu of a tax on said leasehold interest and/or any taxes
levied on, or measured by, the rentals payable hereunder, whether imposed on
Lessee or on Lessor. Lessee shall reimburse Lessor for all such taxes paid or
payable by Lessor. With respect to any such taxes payable by Lessor which are
on or measured by the rent payments hereunder, Lessee shall pay to Lessor with
each rent payment an amount equal to the tax on, or measured by, that
particular payment. All other tax amounts for which Lessor is or will be
entitled to reimbursement from Lessee shall be payable by Lessee to Lessor at
- 4 -
least fifteen (15) days prior to the due dates of the respective tax amounts
involved; provided, that Lessee shall be entitled to a minimum of ten (10)
days' written notice of the amounts payable by it.
13. Utilities. Lessee shall pay for electricity and any other utilities
furnished to or consumed upon the Properties.
14. Assignment and Subletting. Lessee shall not assign or sublease any
of the Properties without the prior written consent of Lessor.
15. Default. If Lessee fails to perform any obligation of Lessee under
this Lease, Lessor may provide written notice to Lessee, and if Lessee
thereafter fails to cure a default in the payment of rent no later than three
(3) days, or fails to perform any other obligation of this Lease no later than
ten (10) days following the date of receipt of Lessor's notice of default,
Lessor may terminate this Lease. If Lessee defaults under this Lease, Lessee
shall pay to Lessor all unpaid rent and other costs and expenses which Lessor
may suffer because of Lessee's default with interest at the rate of eighteen
percent (18%) per annum. If Lessor terminates this Lease, costs and expenses
to which Lessor shall be entitled shall include any costs incurred by Lessor
in reletting Properties and any deficiency in rent during the remaining term
of this Lease. Such costs shall also include costs and attorney fees in
enforcing the indemnification provisions of paragraph 10 relating to
indemnification alone.
16. Attorney's Fees. If a party to this Lease defaults, the defaulting
party shall pay all costs incurred by the non-defaulting party because of the
default, including but not limited to the cost of legal counsel incurred with
or without litigation or on appeal .
17. Termination by Lessor. In the event Lessor hereafter requires any or
all of the Properties for other purposes in connection with its municipal
function, Lessee will remove its outdoor display signs on such Properties
(Parcel A and/or Parcel 8) upon thirty days' written notice and this Lease
shall terminate as to those Properties at the end of the thirty day period.
Thereafter, Lessee shall restore the property subject to this Lease to its
- 5 -
low
original condition at its sole cost no later than 50 days following thirty
days written notice by the City. Lessor shall be the sole judge of
determining whether restoration to original site conditions are complete are
acceptable to Lessor. Lessor shall notify Lessee in writing of its approval
or nonapproval of such restoration work within 30 days following written
notice from Lessee of restoration completion.
18. Termination by Lessee. If the view of any of the Properties or any
of Lessee 's signs are obstructed or impaired or the value of such signs is
diminished by reason of diversion or reduction of traffic or use of such signs
is prevented by law, or if, for any reason, a building permit for the erection
of such signs is refused, Lessee shall have the right to terminate this Lease
as to such Properties upon thirty days" written notice. Rent shall be
prorated to the date of termination.
19. Notices. Any notice required or permitted to be given hereunder
shall be in writing and may be given by personal delivery or by regular mail .
A notice shall be delivered or mailed to the applicable address set forth
below. Either party may, by notice to the other party, specify a different
address for notice purposes. If mailed a notice shall be deemed to be
received on the second business day following the date of mailing and the
postmark affixed thereto shall be deemed conclusive evidence of the date of
mailing.
CITY OF KENT
Date: d J By \
Mayor
- 6 -
law
ATTEST:
Brenda Jacober, • ty City Clerk
Date: '-
Authorized Representative
Ackerley Communications, Inc. '
Approved as to form:
Sandra Driscoll , City Attorney
3983L-10L
_ 7 _
ems. Lsos
_ September 5, 1990
®L�l®
ACKERLET
COMMUMCATUM Inc.
RE: attarlj`Pd lagal dFscriztion
Inconsideration of two h11P4X;1p and e3gLlt�Qi—qht—dollars and ne/100------------
OCUL�per year, payable by you Aba1 , annually), I hereby grant you the exclusive use of the above described
property for advertising purposes for a period of fifteen years from ClatOba , 15 , 1990 .
It is understood that for the entire period during which no advertising copy is being displayed on the property
by you and prior to the construction of your sign the rental shall be'Ihn ($10.00) Dollars.
It is distinctly understood that in the event the property is sold or a building is to be erected thereon, you will
remove your signs upon thirty days' written notice from me,accompanied by unearned rental;provided,however,
that in the case of a sale of the property such notice must be given to us within thirty (30) days after such
sale. If the budding is not commenced within 60 days after date of notice to you,or the property is used for adv-
ertising purposes, you may reconstruct your signs.
If the view of the property or Lessee's signs is obstructed or impaired, or the value of such signs is diminished
by reason of diversion or reduction of traffic or the use of such signs is prevented by law, or if, for any reason,
a building permit for the erection of such signs is refused, Lessee has the option to adjust rental in direct pro-
portion to loss in revenue, to terminate the lease and receive all rent paid for the unexpired term, or to keep
the lease in force, except no rent shall accrue while such conditions continue. You shall have the right to ter-
minate the agreement at the end of any monthly period upon written notice to me, served not less than thirty
days before the end of such monthly period. If Lessee is prevented by law or by government or military order,
or other cause beyond Lessee's control, from illuminating its signs, the rental shall be reduced by one-third
while such condition continues.
You shall remain the owner of all signs and improvements placed by you on the property, and notwithstanding
the fact that such signs and improvements constitute real estate fixtures, you shall have the right to remove
them at any time.
This agreement is binding upon the heirs, assigns and successors of the undersigned as Lessor and ACKERLO
COMIMMICA 1OMIne. as Lessee.
After the term thereof,this agreement shall continue in force from year to year,unless terminated at the end of
such term,or any additional year thereof,upon written notice of termination by the Lessor or Lessee, served not
less than thirty days before the end of such term or additional year. fin\
Wltne99:41 cb?"boo
"- W (� r
ACCEPAD & APPRO (�10ce-Ts )4A Vqb
ACKMLEV COMMUNICATIONS 1"c-
By
I,ID(}}AT DESCRIPTION: That portion of the northwest quarter of
Section 11, Township 22, Range 4 East, W.M., King County,
Washington, described as follows:
Beginning at the intersection of the south line of County
Road No. 22 (South 212th Street) and the easterly line of
County Road No. 8 (Russell Road); thence east along said
south line 212 feet; thence south 132 feet; thence west
to the east line of County Road No. 8; thence northeasterly
along, said easterly line to the true point of beginning.
4
1
��4