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Home My WebLink AboutPK12-267 - Original - Colony Park Apartments - MOU Regarding Use of the Riverbend Par 3 Golf Course - 07/31/2012 T Records M - -agemer�. KENT W A9NINGTON DocumentAIL- 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: Colony Park Apartments Vendor Number: JD Edwards Number Contract Number: Ak—«— 2(�,7 This is assigned by City Clerk's Office Project Name: MOU with Colony Park Apartments for Par 3 Golf Course Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Memo of Understanding Contract Effective Date: 11/13/12 Termination Date: 12/31/12 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: Jeff Watling (tp) Department: Parks Administration Detail: (i.e. address, location, parcel number, tax id, etc.): Owners: Dona and Helen Owens 5•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF KENT AND THE COLONY PARK APARTMENTS FOR THE USE OF THE RIVERSEND PAR 3 GOLF COURSE This Memorandum of Understanding ("MOU") is entered into between the city of Kent ("City") and Don and Helen Owens, the owners of the Colony Park Apartments ("Colony Park Apartments") to memorialize an agreement which allows for the use of the Riverbend par 3 golf course by the Colony Park Apartment residents. The city of Kent owns and operates the-Riverbend Par 3 golf course located at 2030 West Meeker Street, Kent, Washington. Don and Helen Owens own and operate the Colony Park Apartments are located at 2028 West Meeker Street, Kent, Washington. The City wishes to provide rounds of golf to the residents of the Colony Park Apartments in consideration for an annual fee. Agreement A. The city of Kent agrees to allow residents of Colony Park Apartments to play golf rounds at the Riverbend Par 3 golf course on a "space available basis." This provision applies to residents only and specifically excludes all guests, invitees, or non-resident relatives. B. The Colony Park Apartments agrees to provide payment to the city of Kent as follows: $100 for January $100 for February $100 for March $200 for April $200 for May $200 for June $200 for July $200 for August $200 for September $100 for October $100 for November $100 for December C. The Colony Park Apartments agree to submit payment for the monthly access to: City of Kent Finance Department Customer Service Division 220 Fourth Avenue South Kent, WA 98032-5895 Page 1 of 3 D. If payment is not received by the 5 h day of the following month, a 5% penalty and 1% interest per month will be assessed. E. Colony Park Apartments shall ensure that Colony Park Apartment residents agree to register and sign in at the Riverbend Par 3 clubhouse prior to commencing play and abide by the rules and regulations posted at the course. F. This agreement will terminate on December 315t, 2012 and will renew on an annual basis, unless either party terminates this Agreement as provided below. G. This agreement may be terminated by either party without cause at any time during the duration of the agreement with 30 days prior written notice to the parties identifiea below. H. This Agreement requires the signature of all parties and is executed as of the date of the last signature below. I. Miscellaneous. 1. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 2. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law. 3. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. 4. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Page 2 of 3 5. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. 6. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 7. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CITY OF KENT COLONY PARK APARTMENTS Dw, �_ d--� By: eff Wa ling By. Don Owens arks Director Its: Owner Date:_Ltj 13 1 fz, _ Date: r7 Z i- 220 Fourt Avenue South --^ Kent, WA 98032 Telephone: (253) 856-5100 �11e en Owens Colony Park Apartments Owner 2028 West Meeker Kent, WA 98032 Telephone: P\GvAFiles\Open Files\0463-Rrverbend\Colonypark\Colony Park MOU Doac Page 3 of 3