The URL can be used to link to this page

Home My WebLink AboutL11-025 - Other - Addendum #1 - Puget Sound Regional Fire Authority - 407 N. Washington Ave, Kent - 01/01/2013 I ecords M_4, eme t,,,I KENT WASHINGTON ,14!:- Document ilt q�i F 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 Fire Department Regional Fire Authority Vendor Number: ID Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Washington Avenue North Lease Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 1/1/13 Termination Date: Notice Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kim Komoto Department: Law Detail: (i.e. address, location, parcel number, tax id, etc.): First Addendum to Lease Agreement between the city of Kent and the Kent Fire Department Regional Fire Authority for the Washington Avenue North Site S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 FIRST ADDENDUM TO LEASE AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE WASHINGTON AVENUE NORTH SITE J THIS ADDENDUM TO LEASE AGREEMENT (hereinafter "ADDENDUM") is between the KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY, a Washington municipal corporation, with offices located at 24611 116th Avenue Southeast, Kent, Washington 98032, ("RFA") 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" and "Tenant"). RECITALS 1. Pursuant to the creation of the RFA in July 2010, the City sold to the RFA for $1 00 real property legally described in Exhibit A to the Lease and located at 407 Washington Avenue North, Kent, Washington (the "Property"). The RFA leased a portion of the Property back to the City pursuant to a Lease Agreement effective July 1, 2010 ("Lease"). 2. The City now desires to lease the entire Property and to cause certain improvements to be made to the Property. AGREEMENT In consideration of the mutual benefits and promises contained herein, the parties agree to the following addendum to the Lease: A. Amended Provisions. Section 1.1 of the Lease is replaced in its entirety by the following: 1.1 Premises Defined. The RFA leases to Tenant and Tenant leases from the RFA the property described in the attached Exhibit A to the Lease (the "Premises"). Section 2.1 of the Lease is replaced in its entirety by the following: 2.1 Permitted Use. Tenant shall use the Premises for storage and office work (the "Permitted Use") and for no other purposes. ADDENDUM TO LEASE BETWEEN KENT AND KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THEWASHINTON AVENUE PROPERTY- 1 6 B. New Provisions 1. Tenant Improvements. 1.1 RFA Improvements. The RFA shall be responsible for the design, permitting and construction costs of the following Tenant improvements to be made to the Property ("RFA Improvements"). The RFA shall coordinate and communicate with the City regarding the plans, specifications, construction and cost of the RFA Improvements. All RFA Improvements shall become the property of the RFA regardless of who paid for the RFA Improvements. I.I.I. Security Fencing and Gate 1.1.2. Parking Lot/Landscape Improvements 1.1.3. Plumbing Repairs 1.1.4. Window Infilling 1.2. City Improvements. The City shall be responsible for the design, permitting and construction costs of the following Tenant improvements to be made to the Property ("City Improvements"). The City shall comply with the requirements of Section 8 of the Lease for all City Improvements. 1.2.1. All improvements to the existing structure located on the Property necessary for the City's use of the Property including but not limited to improvements necessary to connect all utilities to the structure. 2. Payment for RFA Improvements. The RFA shall pay for all RFA improvements. The RFA shall invoice the City 100% of the plumbing repairs, window infill and any other C✓� improvements the City requests the RFA to coordmate,�Lrid for 50% of the cost of the RFA d` Improvements as such costs are incurred on regular basis as determined by the RFA (no more frequently than monthly) The RFA shall provide the City with a detailed invoice to support such invoices. The City shall have 30 calendar days after receipt of the invoice to pay or contest any of the charges. In the event the parties cannot agree on the invoiced amounts, the parties agree to resolve such agreement in accordance with the dispute resolution provisions set forth in this Addendum In the event the City fails to pay or contest a charge within 30 days of the date of the invoice such unpaid charges shall accrue interest at the rate of 1% per month. In the event the RFA terminates the Lease in accordance with Section 3.4 of the Lease, the City shall not be responsible for the cost of any work, related to RFA Improvements, that is actually performed more than thirty (30) days after the RFA provides written notice of termination as provided in that Section 3.4, regardless of when the invoice for such work is provided to the City. 3. Payment for City Improvements. The City shall be solely responsible for all costs associated with the City Improvements. ADDENDUM TO LEASE BETWEEN KENT AND KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THEWASI IINTON AVENUE PROPERTY-2 4. Reimbursement Schedule in the Event of Early Termination. In the event the RFA terminates the Lease in accordance with Section 3.4 of the Lease prior to December 31, 2016, the RFA will reimburse the City the following portion of amounts the City paid for RFA Improvements and City Improvements. 4.1. If the termination occurs before December 31, 2013—80% reimbursement. 4.2. If the termination occurs before December 31, 2014—60%reimbursement. 4.3. If the termination occurs before December 31, 2015 —40% reimbursement. 4.4. If the termination occurs before December 31, 2016 —20% reimbursement. 4.5. If the termination occurs after December 31, 2016, the RFA shall be under no obligation to reimburse the City for any amounts the City paid for RFA Improvements or City Improvements. 4.6. The City shall invoice the RFA for the percentage reimbursement identified above within 30 days of the effective date of termination of the Lease. The City shall provide the RFA with a detailed invoice to support such invoices. The RFA shall have 30 calendar days after receipt of the invoice to pay or contest any of the charges. In the event the parties cannot agree on the invoiced amounts, the parties agree to resolve such agreement in accordance with the dispute resolution provisions set forth in this Addendum In the event the RFA fails to pay or contest a charge within 30 days of the date of the invoice such unpaid charges shall accrue interest at the rate of 1%per month. 5. Cost Documentation. Both parties shall provide, upon request of the other party, adequate documentation of all Tenant Improvements costs incurred by such party. 6. Dispute Resolution. 6.1. Whenever any dispute arises between the parties under this Addendum that is not resolved by routine meetings or communications. the parties reserve the right to agree to seek resolution of such dispute by the process described in this section. 6.2. Any party may demand mediation through a process to be mutually agreed to in good faith between the parties within 30 days, which may include binding or nonbinding decisions or recommendations. The parties shall share equally the costs of mediation and shall be responsible for their own costs in preparation and participation in the mediation. 6.3. If the mediation process cannot be agreed upon or if the mediation fails to resolve the dispute then, within 30 calendar days, either party may submit the matter to binding arbitration in accordance with Rules of the American Arbitration Association and Mediation Service, or other agreed upon arbitration rules. The arbitration shall be before a disinterested arbitrator with both parties equally sharing the cost of the arbitrator. The location of the arbitration shall be mutually agreed, and the laws of Washington will govern its proceedings. Each party shall be responsible for its own costs in preparing for ADDENDUM TO LEASE BETWEEN KENT AND KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THEWASHINTON AVENUE PROPERTY-3 and participating in the arbitration. The award by the Arbitrator may be confirmed by a judgment entered with King County, Washington Superior Court. 7. Except as expressly modified by this Addendum, all provisions of the Lease remain unchanged and in full force and effect. IN WITNESS, the parties below execute this Addendum. which shall become effective January 1, 2013. RFA: CITY: Kent Fire Department City of Kent: Regional Fire Authority: By:q4b1d1#+ V.0 c adl-pp ZS : Print Name: Jim Schneider e: Suzette Cooke Its Fire Chief Mayor DATE: A9A.t-C44 l 3_ eaa&3 DATE: ADDENDUM TO LFASE BETWEEN'KENT AND KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THEWASHINTON AVENUE PROPERTY-4 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes I .o Reviewed by Director Originator's Name: Kim Komoto Dept/Div. Law Extension: 5788 Date Sent: March 5, 2013 Date Required: March 7, 2013 Return to: Kim Komoto CONTRACT TERMINATION DATE: Notice VENDOR: Kent Fire Dept RFA DATE OF COUNCIL APPROVAL: 06/15/2010 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: First Addendum to Lease Agreement between the City of Kent and the Kent Fire Department Regional Fire Authority for the Washington Avenue North Site. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: M Law Dept. Comments: M kR 0 4 2013 MAR 6 2013 tf I Date Forwarded to Mayor: City of Kent Ic of the Mayor Shaded Areas To Be Completed By Administration Staff Received: RECEIVE Recommendations and Comments: Disposition: CWOFMW CITY CLERK Date Returned: