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AD09-118 - Amendment - City of Kent - Special Use Permit for ShoWare Center & Kent/James St. Park and Ride - 12/31/2013
a FaelUtks Manar'Maaf Division KingCRealE In t S Arid Section ation King County Administration Building � 500 Fourth Avwus ADM-Es•C83u 1Kin Count\/SeNUe,WA98104 g J PCl'ISitt9 206.205.0655,FAR206.296-0196 WACIAL USE rXRMCT AMNDM" Use of Comity Owned Prop4rty i IMMM N[T07BER:S-S-2009- DATE'0V20/2012 BIIMITEL+: OF RENT-FAcunms MANAGER-CITY OFKBNT-FACILiMMANAGM 4 FOURTH AVENUt3 SOUTH T,WA 98032• I AYPHONE:(253)656.5200 OT'BBRPAONSt FAX: PURPOS14 TO USE A PORTION OF XINO COUNTY TRANSIT PARR&IUDEFOR SURFACBPARIGNG AND RELAT EM PBDESTRIANUSESPOREVENTSHEIRATTHE CITY OFIMNTBVENTC EN'ffiL AMMMENTr See Attachments'W"Amendment)"B"(King County SUP 01/27J'2009)"C'(Kent SUP 02/27/2009) Lh;GALT)1SCRIPTI0N: Pdniary 1/4 Sea 11ft Rge Account No Kroll Page NW 24 22 04 242204.9192 621W Legal Description,. EXPMUONt SeeAttachment"A" RFS Review Fee(NoworReuewal) $500,00 I.andMeFee $9,84375 Tasurance Ammmh$1,000,000.00 • 1 Parmttteo MUST not*NANCY GORDON AT:675.1411 AT LEAST 72 HOURS PRIOR TO PBRFORMINGANY WORK AND 1MMEDIATBLY UPON COMPLETION, I I ssuedBy: AzonlIelloy Phonc 206-2054)655 y d4s permltXiag County authorizes the use of Ate above described property: t Custodial Approval: A A f �p44�h: �ZI�Qb all1state Services Approval! Date: The Permittee agrees to comply with the terms and conditions contained herein. SLR REV)M-$1DX FOR TERMS AND CONDTrO tS, JJ igoatumofPemdttm, Data NOT'B:-P m thoutallnecessarysignaturesandexpirntlan King County Code 14,30 , i AARMS-ows pdided tke7/IM20t2 past f Attachment A ' AMENDMENT To SPECIAL USE PERMXT NUMBER,S-5-09 Issued to CITY OF KENT, WASWNGTON By KING COUNTY For IaacidentaUEvening Use and Limited Day Use of Kent/James Street Park-and-Ride VMEI PEAS the City of Kent(City)received from King County a Special Use Permit Number S-5-09 dated January 27,2009(the"County Permit")providing the City with incidental/evening and limited day use parking rights at the King County Kent James Street Park-and--Ride to cated 41 Kent,Washington to address overflow parking by visitors to events*at the ShoWare Center in Kent. The City and King County are sometimes collectively referred to as the"Parties." 1REASKin un e WIIE g CQ ty r eerved from the City of Kent a Special Use Permit dated February 27,2009(the"Kent Permit")providing King County with day use of the ShoWare Center Parking Lotto provide additional employee and visitor parking for current needs at the Norm Maleng Regional justice Center. WHEREAS the Parties desire to extend the term of bath Special Use Permits. NOW,Ti9EREFORE,King County by this instrument(the"County Amendment')hereby extends the term of Special Use Permit Number S-5-09 on the following terms and conditions: 1. Special Use Permit Number 5-5-09 dated January 27,2009 issued to the City of Kent by King County is hereby extended for an additional five(5)year term co mmencing on tho existing December 31,2013 expiration date. 2. The term of the County Permit shall automatically renew for successive five(5) year terns unless either Party shall give written notice to the other party no less than eighteen (18)months in advance of any succeeding expiration date that the permit tern shall not be renewed, ,Section 1 of Special Use Permit Number 5-5-09 is hereby deleted in its entirety and replaced as follows: Except as othervllse provided herein,the Permit is revocable at anytime byKing County upon i 18 months advance written notice;provided thatKing County may revoke on shorter notice(not I less than 30 days in advance of the revocation date)in the event that Icing County determines that the City's use of the Property interferes with transit use of the Property.The right to revoke ; is expressly reserved to King County(herein"County"or"Icing County"). 3. ' The Annual Permit Pee payable hereunder shall be reviewed by the Parties prior to expiration of each five(5)year term.In the event that either party desires to adjust the Annual Permit Pee,written notice shall be forwarded to the other party no less than twenty,(20)months In advance of any succeeding expiration date hereunder, Automatic renewal of the County Permit as provided in paragraph 2,shall be contingent upon acceptance of anyproposed adjustment of the Annual Permit Feo by both Parties. • 4. This extension and subsequent renewals of the term of the County Permit issued to the City of Kentis contingent and conditioned on reciprocal renewal of the Kent Permit for, (i)an additional five(5)year term commencing on the existing December 31,2013 expiration date; and(ii)automatic renewal of the Kent Permit for successive five(5)year terns unless { either Party gives written notice to the other party no less than eighteen.(18)months in advance of any succeeding expiration date that the permit term shall not be renewed. In the event tho City of Dent fails to meet the contingencies and conditions contained herein within a reasonable time after Ding County executes this County Amendment,the•County Amendment shall be null and void. 5. Neithet this extension,nor the County Pem*shall be construed to convey any vested right of ownership interest in aiiy county pioperty. 6. ' Except as otherwise amended in this County Amendment all other terms and conditions of the County Permit shall remain imchanged and in fall force and effect. i i Attachment"Be' sztlai COUNTY T7eparFmenh aY Copataotot#o1 and Paailitiea Management ' IxOmky Pew""wilaied , iM MAR;COauay A"MimtTatiom • 560 Avpaap &aatFlpe 98£OG (.206) 290.1456 BA$Aid-0,1y6 ' 6P7ACTAL D9Y0 RDRIiYT • b vee ne am8y owned P=Vuty • ;� t Nm�aRe 9-S-Oa stLaao. DATB. WIMla66s 5 w 01TY or My-VACI nxBa 11 ag= ' 920 h661i731 AV"=50Dwh - 3' RUM. VUL 96Daa. C • MX RaMBt 0 >RA7[R¢D011t f• I MUM, y• 9A UM A RDDWM t6}=0 CMWX°19AW7A'VMX 6 RIM lVM BfiRB M UMM MW OLATab AwnuTRmal veee zz av"m zetm AT Mod d14'Y 05'S9e2'DINT PETWA. • 4• LML UIUM14TI0s1 114 aed %'* Igo ACCODat NO. A 6:MU Roas - ZW ono g XYMA LO'A Ike MPJ Mh$a,0904-.M9 }: a BSM1t2N 3H6 800tamxlR6'Oa'rah ARovrs xsF�RP+rrs-.o nAnesr�, - sx mMion. T6is-vmlmi8 abm fmt be valid for mote tim Rl x6Aas and evirea On the slow day of '29alaT Mel ,Q 5g0.00 iReR8CrY0d Mt 4 0:00 Ant3W&TRRTM RRar 0 0.60 -paw Ra718H Imm, 4 • 0.011 � j Z=tlStl M, 9.843.75 07f18A IISRt 0 0,00 t ' HOlbi A}1gVATr 0.00 9£iSDt➢AACa A1400M] 0 1,000t00o v0 , R Requtttm MST notify MoZ Umom AT Moe!Ta kom YR101t TO Josid Nh m wom AHD 01m03 xzr,y wm COuRLB4=; Sy this p%rs¢C Ying Uwnty authorioes tha use as the above dasar;6ed i prOpprtyr `•, auetadial AoxQval • 9S0perty 6eavltrea Appm 1 to-af'`•'�.Y a + the Permittee agxecs Lo aomaiy v£th L•bo a and'eondifA' Mq gOntw4sa k' ess zewm0a sit Von usovia-mm as =Spag. Dzgeaturtt OR 26nmittoe 0=1 Raami6 pqC valid witho0.b all=024M e£tanatarea and en'drmtion data. y` - oYdiueo6a 4099, K£ag unmet r5da-mu, ` a =9 Coi7W DWUM MO*0£G`On¢i7:¢Ptieb R1R1 uYtfS.l6tieR Kanagvhient , ' E PxaRecEy eaxvicea niF1BiOC So6>t=e3l:ctmty Adp3alNtzAE3Ws)tu£1t71rtg ;1w god • Beatbla, f)A.00:04 f2Q6) "(;+7#56 PAX 29;Ar, 09' ` ' Uee Me Ca"om)ed 8xopexty I romMiT RumBRs a-5,09 BIIA NO, nAt$i 0 27 aa09 s . • F.8RMx4RBaf &XTV OR Emu -noxiaTive Mato= . , �• Im, 9A 9R03a- '} ' DAY PAOMt flafPN/PAX MONO :< 8AA90@0S '� • To m A ROA.'i=(P XMG COu=T72AB n PARK 4)KY MR etAO o•1'AV=a AM aF , REGAR'gD P$pBgtRXAN t)69e Rol;Ii0[oiTB OM AT•.M QETY or Itew Li M OW BA, • h • ' 71Ha4Y,DRBtlRSPF.M 1/4 ow "D $de Au mmat 2104 • IC101 Lt4ga },• N)i 24 22 04 1034V Ong d hull sox$2 PIdQR4 0242201-933x �• 9 VM(%%4 WMARIR9 09 TM AAOYB'Alten WWSO FAIM. 1 HNL'SMT'W, Tbie puldt:ar.,,s not be valdd ELm'I 5 YOUR )� . end expire¢=tba 2iA4' d",MA, + •2. RBA)dFY kApf .$ A00.09 TNAY1�iT0a PsSf 9.00 .• ' r, ADWlf1;o*wxV)4 Mgt Q 0.00 P42!7'RL'VIRIt roof rf- 4.00 ' LM 7UM AAnf 4,ad3,'(!♦ OTAAIE FAlir ' S0IS0 AKolR7Rf 4 •0.00 SiV6f¢tnNt'.d AN0IDi7Ix � 1r 000r000,9d tt7} Yexmittee L100T aotlgr 5=S+mm ATf G7b 24= ra' AT M13UT 72 K=s-mon To 71$eiN1 a FORK AND Xt•0Jsvm=L4 FR010 CO)40.LF71'Qk-- t3Y Ebi¢pezmie ICixp Co=ty Mthm(ge¢ to"a or the Al t omvibe4 .3 • pxbpeztY= •r ' t:astoddal�pgzova7r „ Hate •: •� • Psape#ty AeigJ,oe¢.Appi'Wal '_ ' •.,� _ AAte . . a9;eaR to aau$XY vlt4 kTv,taxrM1a and coodiL..,�on¢Comt03¢ed p' � a• _ bexgin.•. _ .. E San ABVOW 6+m"8t4k 'C ��TMr��•/�•//� • bY6attttxg 03'ftmitkca aa0r� AAte, of fJ ,• As • NOTNr 8exedk,not axl 'mn aeae¢eaf signat==bdd expi=t-ton data. S. •. C7.diagma,4o814f r&o C•otmt.T Coda 14.4G } SPECIAL USE PERMIT Issued to CITY OF KENT,WASHINGTON by KING COUNTY For Mclidental rEeventng Use and Limited Day Use of Kent/Jana®$Street Park and Bide . I WHEROAS, the City of Kent wishes to secure evening parking rights at the Bing I County .lames Street Park and Ride in 1<ent to address overflowi parking`by visitors ! to events at the ShoWare Center at Kent; and WHEREAS, King County wishes to secure day use-of the ShbWare.Center Parking Lot to address overflow parking by visitors to the Malang Regional justice Center;' NOW'THEREFORV,the Parties agree as follows: EASXC PROVISIONS Permitteea City of Kent, Washington, a municipal corporation of the State of Washington Property for which this Spacial Use Permit is Issued: Kent/James Park-and- Ride. LOT 2 of CITY OF KENT SHORT PLAT No. S13-•2,001-09 ([C=G CO METRO WK& RIDE SHORT PLAT) RECORDING NO-20030206900004 C13KNG A PORTION OF-NE (VTR NW QTP:6 STR 24-22••04)r PARCEL NUMEER 242Z049191 (Property). A depiction of the Property is attached hereto as Exhibit A and made a part hereof. 1Permittee Address and Contact Information: City of Kent ' Attn: Facilities Manager 220 Fourth Avenue soUth Kent, WA 98032 . King County Address and Contact Iriforntation. King County Attn: Mainagerr Keal'Estate Services Section j King County Administration Eutlding 500 Fourth Avenue,,Room 50Q Seattle,WA 98104 Permitted Orm: Surface perldng Idnly, and related pedestrian use, for employees and visitors to events of the City of Kent Sh4Ware Center, generally from 5311 p.{ri, to 2:30 a.m. on weekdays and from 7:00 a.m. to 2.30 a.m. the following day on Saturdays, Sundays, and holidays recognized*by Ding County, only on the dates Identified In the Event Litt (defined below), Permfttee shall limit its usb of the Property to only those times a0d activities specified in this Permit. SPECIAL USE PERMIT•• i BaWmen King County Bc City of Kent go.7aMw SE,psHo-n-Ride 5 f Benefit to Klnq Countyt 7 he Permitted Use will provide a mutual benefit to Mina "'"County through issuance to the County ey the Permittee of a companion special use !� I permit for day use of the-City' of Kent ShoWare Center parking lot for overflow visitor parking for the Norm Malang'Regional Justice Center(the"ShoWare center at Kent Permit"). Permit Stag gate: March 1,2009 Permit Ind bate. -December 31,2013 TSR.MS AND CONDITIONS I,: PeRMIT REVOCATION, Except os otherwise provided herein, this PermlE la revocable at any time by King County•upon 18 month$ advance written notice; provided that King County may revoke on shorter notice (not less than 30 days In advance of the revocation date) if required by the Federal Transit Agency because of a public transit need for the Property. The right to revoke is expressly reserved to Mrig County (herein"County"or"King County"). 2. INDEMNITY AND HOLD HARMLESS: The Pertnittee for Itself, its successors and assigns, shall defend, Indemnify, and hold harmless King County, its appointed,and elected offtdals, and employees from and against liability for all claims,demands, suits, and judgments including costs of defense thereof for injury to persons, death, or property, damage which is• caused by, arises out of, or 1s Incidental to Permittee's exerclsa of rights and privileges granted by this-Permit, but only to the extent of PermlttWa negligence or willful misconduct, The Pennittea's 011gation under this section shall Include: a) the duty to promptly accept tender of defense and provide defense to the County at the Permittee's own expense; b) indemnification of claims made by the Permittee's own employees or agents; and e). waiver of the PermitEee's Immunity under-the industrial insurance provisiond of Title 51 RCW, which waiver has been mmtuaily,negotiated by the parties. In the event It is necessary for the county to incur attorney's fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses, and costs shall.be recoverable from the Permittee. ' In the'event it is determined that RCW 4.24.115 applies to this Permit, the Permittee agrees to defend, hold harmless, and indemnify King County to the maximum extent permitted thereunder, and specifically for Its negligence concurrent with that of king County to the full extent of.Permittee's negligence. Permittee agrees to,defontf, Indemnify, and hold harmless King County for claims by Permittee's employees And agrees to walver of its immunity under Title 51 RCW, which waiver has been mutually negotiated by the parties. ' 3. ANTI-DISCRIMINATION: In all hiring or employment made possible or resulting from this Permit,there sail be no discriminatlon agalnst any employee or applicant for employment because of race, color, ancestry, religion, national origin, j age, sex, sexual orientation,-marital status, or the presence of any sensory, mental' or physical handldap in an otherwise gcidiifled'.handlcappbd'person uCiIb&s based SPECIAL USE PERMIT-2 eetween fang county&city or Kent Re:Jamesst.Parkrn-Ride upon a pona fide occupational qualification, acid this requiretrient shall apply to but not be limited to the following: employments advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including bpprenticeshlp. No persoh shall be denied, or subjected to discrimination in recelpt of the benefit of any services or activities made possible by or resulting from this Permit on the grounds of race, color, ancestry, rellglon, national orlgin,age (except minimum age and retirement provisions), sex, sexual orientation, marital status,_ parental status, the presence of any sensory, mental or physical handicap, or the use of a trained guide-dog by a blind or deaf person. Any violation of this provision shall be considered a violation of a material provision of this Permit and shall be grounds for cancellatlont terminatioh or suspension in whole or in part of the Permit by the Countyr and may result In Ineligibility for further County permlts. •4, PERMMED Usli: Permittee shall limit Its use of the Property to only those activities specified In this Permit. Permittee shall take measures to ensure that Its patrons are discouraged from using the adjacent King County Park and hide lot, known as the"small lot"or Lot I (also depleted on Exhibit A), 5. NON-EXCWSIVE PMHT. This Permit shall not be deemed or. construed to be an exclusive right: it does not prohibit King County from granting ' Any other permlts to other public or private entities, nor shall it prevent King County from using any public place for, any and all public,Use or affect its jurlsdictlon over any part of them; provided, that any such other permits or use by the County shall dot unreasonably Interfere with Permittee's use of the.Property as authorized by this Permit. 6. ASSESSMENTS: Permittee shall be required to pay any general or special assessments Incurred by King County, which are directly attributable to or arising from any ectlons,occupancy, or usage authorized herein. 7. TERMINATIQ BY [3 MITT}r9: The permlttee may terminate the Permit by written notice to the Manager of Real Estate Services SecC on upon first giving not less than eighteen(18) months prior written notice. i 8. RETURN OF PREMISES: Permitte6 shall construct no Improvements on the Property without prior written approval of Klrig County, If such Improvements are authorized, upon revocation, termination, or abandonment, the Permittee shall remove, tit Permittee's expense, any facilities placed on the Property by the Permittee, and restore the Property to a condition which Is equivalent In all respects to the condition existing prior to installation of the facilities. If the Permittee has not accomplished removal and restoration at the end of a ninetyday period following the effective date of 'revocation, termination, expiration, or abandonment, King County may accomplish all of the necessary work and charge all of the costs to the Permittee. •' 8. &PAIRING DAMAGE 13Y PERMITTEE: In the event that damage of any kind Is caused by the Permittea In the course of malting use of the Property (beyond normal wear and tear) authorized by this Permit,. Permittee shall repair SPECIAL USE PI=RMIT-3 aetwaen Kinq County&city of Kent Re%James St.Park n-Nde i said damage at Its sole cost and expense, Repair work shall begin without delayer and con un e Without interruption until completed. If danisge Is e4epsiv9, the time - a slowed for repair will be prescribed by the County agent. If the County determines it is necessary,the County may accdmpllsh the work and charge all the costs to the Permittee. Nothing in this section shall relieve the Permittee of duties under Terms and Conditions No. 2 above. 10. ABATEMENT OF UNSAFE COMMONS: The County may do, order, or have done all work considered necessary to restore to a safe condltion any*area described In Permit that exists.in a condition dangerous to fife or property, Nothing in this section shall relieve the Permittee of duties under Terms and Conditions No. 2 above. 11, RIGHTS AND OBLIGATIONS RESEWD TO COUNTY: The County reserves the right to use, occupy, and enjoy Its Property for such purposes as It shall desire Including, but not limited to, constructing or installing structures and ficillties on the Property, or developing, Improving, repairing or altering the Property. The parties acknowledge that transit riders may elect to park on Lot 2 and that such uses will be permitted at all times; other than such transit rider use, the County agrees that It will not reduce, temporarily of permanently, the total number of parking spaces on confirmed event days below SSO during the established Property use time frames for that event. The County shall maintain the ' Property in Its "as is" condition, subject to regular wear and tear, which maintenance, shall include regular tree and brush trimming and removal, qua•tdrly surface sweeping, monthly litter control, and maintenance of qll light fixtures; provided however that the County is under no obligation to re-stripe, resurface, sea l-coat,-joint seal, undertake curb or paving repair or slab replacement of Lot 2 during the term of this Permit, The County Is under no obligation to perform any adverse weather response to Lot 2 Including but not Ifmited to snowpiowing, sanding or other activity; however, the City is authorized to perform that activity when necessary. 12. OTHER APPLICABL0 LAWS: Issuance-of this Permit does not In any way relieve the Permittee from complying •with any other applicable laws In performing the work or making use of the Property as authorized by this Permit. 13. AMENDMENTS: This •Permit may be 'amended only by written agreement of 1f1ng County and the Permittee. 14. TITLE: This Pprmit grants only the'rtght to use King County's interest In the Property, and the granting of this Permit is not a warranty that good title to any specific property is vested In King County. 15. CONDITION Or PROPERTY: Prior to March 15, 2009,the Permittee will Inspect the Property and prepare a report of that inspection. The Permittee understands and agrees that the Property Is taken for Its use, as described-in the Inspection report, in its'AS_IS"condition and.that King County has.no.obligation to. the Fermittee'•to 'make any changes, 'improvements, or to incur any, expensd SPECIAL USE PERMIT R Between Klns County&city of[cent Re.James St,Park-n-Wde S whatsoaver for environmental end/or other problems ossociated with the'Aroperty to facilitate Permittee's authorized use of the Property. The Permittee shall be responsible for the condition of the sidewalk that abuts and serves the Property, 16. ASSIGNME1VT: The Permittee shall not assign any of its rights under this Permit without the prior written consent of the County, 17, SPECIAL TERMS AND CONDITIONS: RN Event Usit, Not later than November 15 of each year this Permit[sin , affect, the Permittea shall, provide King County for its review and approval (In writing) a preliminary list of not to exceed 125 days in the foUawing calendar year(January 1-December 31) that will require the use of the Property for evehing overflow parking between the hours of ' 5:30• p.m. and 2:30 a.m. (Event: List). For events in 2009, the preliminary Event list shall be provided on or before March J.�, 2009. The County will confirm:its, approval of the,Prelirinnary Event List within 15 days of receipt, The Permittee shall confirm all event dates as soon as possible,but in any event not less than thirty(30) calendar days in advance of any booked event. The Event list shall identify the event booked at the ShnWare•Center associated with each requested date of use, as specifically_as possible as that; information becomes available. The Permittee shall only authorize use of the Property on the approved dates speglfted and conOrmed on'the Event List, Nothing' in this section, howeverr authorizes Icing county to approve or deny any event based on the nature of the proposed event or Its.content; King County's approval or denial shall solely be based on Its projected parking needs or other,scheduled use of the Propety/ on any givers date, b, Vayiime Events. Up to twenty (20) of,the events allowed by subsection 17(a) above, may occur between the hours of 7:00 a.m. and 7-:30r a,m. of the following day. On those days only, the surface partying rights, provided to-Parmittee will c6mmence after 11:00 a.m,, but only on dayllme event days. m Annual Perrtilt Pee.The Permittee shall pay the amount of$1,9GB.75 annually (Annual Fee) for the use of the Property, (exclusive of the initial permit processing fee of$500).The fee for 2009 shall be paid on or before March M The Fee for subsequent'years shall be paid annually on or before December31st. d. Additional ✓!=.vents. In the event the Perrnittee desires to schedule either tentative dr'firm dates of, use for the Property in addltton to those Identified on the approvers Event list,the Permlttee shall provide King County, written notice of such request nbt less than thirty (30) days in advance. King County sbbll allow use of the Pmparty for such purposes so'long as they are consistent with the scope of use SPECIAL USE PERMI1•• S Between IQng County&City of Kent Re:James St.Park-n-Ride otherwise permitted herein and so long as King Conn has not issued _ any Mer special use permits for the Property for such dates and times. King County shall within fifteen. (15),calendar days provide notification in writing to the Permittee whether or not King County has approved the Additional Event. If an event Is so approved, the Additional Event shall be deemed added to the Event List, and use 6f the Property'bn such approved Additional Event day(s) shall be subject ,to and condltloned upon the Incorporation of each and every term contained in this Permit•. Tlie Permittee shall pay $M75 for each Additional Event day In which khe total number of approved event days exceeds 1.25 days of use. Additional Event fees,If any, shall be paid in arrears twice each year, on 3une-30th and December 31st, Nothing In this section, however, shall prohibit the County and Permittee, by mutual written agreement, to add-or amend event days on shorter notice. at RWflttance of Fee Upon Revocation or Termination of Permit. If the Permit is revoked or terminated prior to the end of a year, the Annual Fee shall be prorated based on the number of days the Permit was in effect In the.current year and Kling County shall return any amounts paid by Permittee Par the remalridor of the year less any Additional Event Fees owing. f. Additional conditions of Use.' 1. No structure shall be constructed or Installed on the Property, 2. Event parking and/or activities shall not OWtr'Uct transit operations, passenger boarding and/or bus laydvar, on the - Property and on any adjacent property owned by King County, If any. 8, The Permittee shall not place, or allow placement of, any materials, displays, stands, (other than temporary parking and directional signage) or equipment on the Property without prior written approval from iangcounty. 4. The Permittee shall provide Its own trash receptacles and shall be responsible,for cleaning-up, removing and disposing of all debris and materials associated with Its use after each Permittee event to an off site location, including cleaning up, rhmoving and disposing of all debris from In and around the landscaped areas, Including without limitation any advertising flyers or other pamphlets that are distributed during any event or placed on parked vehicles. 5. If Permittee desires to extend the Term of this Permit, the Permittee must; make a .written request to, and approved in writing by, King County and,in the sole and al3"solute discretion SPECIAL USE PERMIT- 6 Retwoon King Canty&City of Kent Re:3ZMes St.Paden-Ride i of King County, a new special use permit may be issued, or an j amebtiment made to this' Permit, or some other type of agreement oxecuted •prior to the expiration of the Term of this Permit. ' 6. The Permittee shall Use Its best efforts to keep the traveled roadways and.sidawalks immediately adjacent to the Permit Property open and unimpeded at all times during Its authorized use of the Permit Property, 7. The Permittea shall be responsible for providing appropriate ineasures for Insuring the safety of pedestrians and vehicles to, and .from -the Sho-Ware Center including, but not limited to, providing adequate lighting, temporary signage; cones and flaggers. All traffic controls shall comply with the Manual on Uniform Traffic Control Devices CMUTCDI or, the local Jurlsdiction's traffio control requirements that would supersede the King Codnty's MUTCD. 'S. The Permittee•shall be responsible at Its own cost and liability for providing security and protectlon during events, as necessary,to protect against injuries to people, including death, and theft, damage or loss to equipment, materials, Improvements and any other property, personal or real, during the Term. The Permittee shall not allow any vehicle on the Property that exceeds ID,gpp pounds In Weight, - 9. The Permittee'a use of the Property shall not damage nor in any way interfere with King County's use of the Property as a paric and ride lot or the use of the Property by transit passengers as a park and rlde tat. Permittee shall not u§e the driver comfort -station located on llncoln street, which Is only for use by King County Metro Transit operators. The Permittee 'shall not have the right tb tow any King County Metro Transit passenger vehicles which may still be using the Property during any Event. 10. Permittee shall undertake•no activities inconsistent with the terms of this•permit on the Property without prior written approval of the County. g. gnvironmentai Indemnification, The Perrhittec farther agrees, for Itself, Its successors and assigns, to defend, indemnify an$ hold harmless the King County from and against any and all environmental problems, Including the cost of defense related thereto, which arise from, in connection with or Incident to the acts or omissions of Permittee, Its appolnted and elected officials, employees, agents and contractors (hereinafter, "Permittee actors") in the exerclsa or ' Permittee's rights and privileges granted by this .Permit: or the •SPCCrAL USA PI:RMrr-7 Between King County a city 0(Cent Re:James St.Park-n-Ride Permlttee's use of, or activities on, the Property or any sur"bundirn King Couhty proper y-79y way ol;example only, Hie 615%atlons of the Permittee under this section shall Include, but are not limited to, (a) the cost of removing and disposing of any pre-existing Hazardous Substances uncovered In the course of the activities by Permittee actors under this Permit, related permits or activities as may be required by law; (b)the cost of taking necessary steps to comply with and paying penalties assessed for failure to comply with the provisions of any federal, state dr local environmental statutes, ordinances or regulations, Futhermore, Permittee shall notify the 1CIng County Real- Estate Services Section Permlt & Franchise Unit and any other public agency as required by law, In the event the Permittee or its contractors obtain knowledge of any environmental problems on the Property. For purposes of this Permit, the, term "environmental problems'shall mean any claim, complaint, demand, action, cause of action, suit, loss, contribution action, action by an Instrumentality-of a federal, state or local government, cost, damage, fine, penalty, expense, judg!nent or Itabill(y of any kind which directly or indirectly relates to noise or the existence, use, release, threatened release, leakage, •spillage, discharge, disturbance, dispersal,' •movement, uncovering, treatment, handling, storage, transport, 'or disposal of Hazardous 5ubstance(s), whether in, on, into, onto or from soil, surfaces, Improvements, air,surface water, or ground water. X. For the purposes of this Permit, "Hazardous Substances," shall Include: 1. Any toxic substances or waste, sewage,, petroleum products, radioactive substances, heavy metals, medical, corrosive, noxious, acidic, bactertologfcat or disease- producing substances;or 5 Any dangerous waste or hazardous waste as defined in: a. Washington Hazardous Waste Management Act as how existing or hereafter amended (RCW Ch. 70,105); or b. Resource Conservation and Recovery Act as now existing or hereafter amended (42 U.S,C. Sec.' 6901 et-seq.) or , M. Any hazardous substance ascteffined In: D. Comprehensive Environmental Response, 1 Compensation and LiabTfity Act as now existing or hereafter amended (42 U.S,C. Sec, 9601 et seq. or tw SPECIAL US> PERMIr-8 I Between King County&My 9T Kent Re.,lames SL Park n-Mda b. Washingtan Mqdel Toxics control Act as now existing or hereafter amended(RCW Ch. 70.WSD); iv. Any other pollutants, .contaminants, substances, or materials posing a danger or threat to public health-or welfare, or to the environment, Which are regulated or controlled by any federal, state and local laws and •regulations now yr hereafter amended. Z. The Pernlittee's obligations contained In this Section g, shall survive any termination or expiration of thld Permit and any subsequent transfer by,King bounty of its Interest in the Property, IN. PermIt CondWotned an ShoWare Center POV Use Parking Agmement. `this permit is issued expressly In consideration of the agraemegt.of Permitted to issue County a spacial use permit granting the County the right to use the ShoWare Center parking lot from 7:00 a.m. to 5.430 P.M. daily, as overflory parking for the Maleng Regional Justice Center, as further described in that certaln Special Use Permit for ShoWare Center Parking Lot Day Use, dated as of March I, 2009 between Permitted and County (MM'Parl(ing Permit). In the event, for any reason whatsoever,the Permittee terminates tha MRTC Parking Permit, King County shall have the absolute right to terminate this Permit. Notwithstanding the Termination Notica provided In Section I above, King County may terminate this Permit to coincide with the date that the Permittee terminates the MR]C Permit. , 1. Tnsuranca Required. Permitted Is a self insured govemmental ' entity. Permittee agrees to maintain commercial general liability Insurance, including personal injury and property damage, In. an amount of at least one million dollars (MOOa,000.00) per occurrence, Thle requirehient may be satisfied by self-Insurance (to be'evicibnmd by a letter from Permitted). • - P:�C1N1\FNas\OpvMIlEA11073\SpncfelUtuPetmtFKepW927amCs5tPotkNWdeQT30D9ClaJW.dpQ SPEWL US9 PMMIT•-9 Between KFng county a City oP Kent Bel 3ames St.Park-n-Rids s ' M - � • ptan,� s gg �z kill bp g It f , `C- Sop �NiH�E �fff iC � ` ,Gtl '�Y P � � g Nil y <BSR g� &� AWFdsrtrtM 8 yq� It o v� a��6ta4b �6 s 4 ,ei 44 9 y f ANNINh��7 ryt4yttt�',hi � ttb 'd I left Y 1 t 8 ICI, 4�+r ct g 3s$ iY i ,{�. p ^atd�R � 1• s, Sy PT RE 3ga € P H beep +Id„ B$�eE No b aaa•f ddndd M sit "�a' at" =r r :f yyl yW::h 6g" �R gkJ °At'tl. °1 o 14 5 , & $g ; 0 a SE N yk%44 9 a t , 1 1,4! P%.4,0 ki v In yhF . hjttlt'k:atw4� ' all, g Oil ILI ` a `J I� r •0 4 ><mAs rl1 ` t�ylytt.yL.�tlla • t i ' Irittr 1 ~ yEf $ 6lr t Ps Ia t a v kr ,kkY�'4 kj 00 1 erg_ fJ1NJib f t � I "Ei I11i • L� i ^" a € 1C] � • i,�A a _/��`' tit J ,w a•Myr�,� ~�� IV 14 rIo• •� � tll f• 5�g tlYi I •IN �ttAttllt. . . - E L Ilk lay �` f t t hag �85T ^ ioEu'p0 "R 1 cayl b+ f/ ( i'tg�T k� N ty gthquq' 0 s / rl F S`h4 I it 1 ilia 1 I � yN i No � r 1 I` Sthill. , i 4 q�q minr,L F1'hNiN' U n1 8 <y ' H 6s C i Qo tt 1 � g ty�a 6 t� SS ` Atil 0 t'hg �s •$ I a NI�" ' Ntrhy ffi S9 J s $ + tq,�t"h x41 ss61Sl' I. t4jh 141�51 'ht tf '"hr � � �`• `sue+ ` � r ,`1 0 �@� ; `r Fqe a Itrrittuu, �Irn t �3. ( tttl rx 1 • t yµetl�'ril y%� I 8 ' ®� �X° >,��_ r A 'tNlnggi'$Ntd} L 4hw hL� I gill �ptr yt B�HIgE1j1 1 at.�b Nit �" •wf�(f �" � Y.tl g • �' jk�uE'tty�l� hNt�`h. � ctyit��,�f$ �tl6� N kt c tiles '� ( ,�t I'll tlii3liS I 1 _ • 'E� ��trq; t , t� Attachment"C' w SPSO AL-U$E P'J MiZTr Issued M=NO COUNTY,wmRixucrrom N CM OF IMT fro,1Neekclay Use Of tha ShoWare Center 0t Kent Narl'r ng Lot Al ,t WHERRAOr-the City of Dent Wishes to secure evening parking 110ft at the King ,;;• County Park and Ride In Kent to address overflow parking by visitors to events at the ShoWare-center at Kent;and ilf/NafiMS, King Countywlshas to sacure'day use of the ShoWare Center Patjcfig, ;� I Lot to p ovM6 additional employee and visitor partdncq for current�naeds at the North Maleng'Regional.Iustiee Center(Ric); { -NOW THIBRWOREr the Partles.agree as follows; , HASXC PROVISIONS < Vertnftfm King County, Washingtonr a municipal corporation of the State of Washington Propgrty for woich this Spet+ial Use Permit:xS Issued; 450 parkins stalls on the east side and sbutti side of the ShoWare.Center, legally de'scrlbad as; THAT PORTION OF THE SOUTf•II:AST' QUARTER OF THE SOUTiiWES( QUARTER OF w r SEC IPR 33, TOWNSHIP U NORTH, RANQH 4 EAST, W.M. IN IaNO COUNTY, WASHIN©TON, LYING EAST,OF THE CHICAGOe MILWAUKEE-AND ST, PAUL RAILWAY COMPANY RIGHT OF••WAY,- EXCEPT THE SOUTH 93,FM THEREOF,•FClR >• STREI' PURPOSES CONVEYED-TO THE CITY OF KEW UNDER MED RECOPoED UNDER AUD]TOWWS• KLE-NO. 5660747 AND LYING SOOTHEASMRLY OF THAT PORTION:CONVEYED TO SPATE• OF WASHINGTON FOR. PSH NO. 5,DY DEED RECORDED UNDER AUDITOR'S FxLi~ NQ. 5944140 AND PJCCEPT THAT PORTSoN CONVEYED TO THO,CxiY OF KEN, BY DEEf7 RECORDED ME,2o, 1969 UNDE(p :r; AUDIi'ORS KLE NO, 6527771 TOGETHER WITH THAT PORTION or,THE SOUTH QUARTER OF THo NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19,•7OWNSHIP 2� NORTH, RANGE 4 �A$Tr W.M,, LYING EASTERLY Or- THE EAST LINE np PSH.NO. 5 AS CoNDENrFD.IN THE ICING COUNTY 5UPMjQR COURT CAUSE No- 647499,' LESS THE .EAST 60`• FOR fi"" AVENUE NORTH, s TOGETHER WITH THAT PORTION OF VACAT kD 57x AVENUE NORTH AS VACATED BY ¢ CM OF kENT ORDINAl�M 1877(Property). A deplchion 4 the Pro*ty is attached •� hereto as Mmblt A and made•a part hereof. Permfttee A.dtrrese and Contact Information, King County AttM Managerl Real Estate Servfcossection King County Administration Building 500 rouith-Avenue,Room 500 Seattle,WA 98104 sPECt;ALUSE PERMIT-I sehveen CRy oFiCenE&King fbun€y Re:ShoWare CenteC i —CRIF—®f Kiiii 'diiss as2 Eat" eta E zii�asxnii_ oral City of Kent Attn: Vadlltl4i�Manager 220 Fourth Avenue South Kent,WA 981)3 livermittect Use: surface parking only, and related pedestrian usd, fbr employees' ' and visitors to the RJC In Its current use and configurattaii from 7.00 a.m. to $,$o p.m.•wdekdaW, except-for• King county legal hefidays and the days on which the ShoWare Centel`will conduct special daytlmo events, which daytime'events shall not'excead 20 annually, Permittee shall limit its use of the property to only those times and activities speclfled In this Permit. Benefit to city of lKgnb The Fermltt'ed Usa will provide'a mutual benefit to the City of Kent through issuance to the fifty by the County of a companion special use pa"It for evening and )lmited clay use of the long.County James Street park and 111de lot far overflow visitor parldng for the ShoWare Center (tile"James St, park and tude•perm1n. parnaitarC'i7ate:. March•*,20109 Penult Find i7wte;•December 31,2013 . TERM; CONVAXONS ` . ' 1: -PERMIT AMM AITON- Farcapi: as otherwise•provided herein, this Permlt is revbeabie at any time bytha City of Kent upon 18 months advance written notIM The right to ravelca IS expressly reserved to the City of Kent(hurein 1(ont" br"City of Kent=). 2. TNDEMNny i lf) HOLD HARMUSS:',The Permitted for itself, its successors and assigns,shall defend,indenaWfy,.and-hold harmless City of Kent,its apbointed and elected 0 dfaly, and'employees frbrri and against llability for all. clolmsr demands, suits,and judgments including costs of defense thereof for injury to personsr death, or property damagd•which is caused by, arises out of, or Is' Incidental to Pormittee's exwelse of rights and privileges granted by this permit,-but only to the extent of Permittee's,negligence or willful misconriuct. The Permittee's obligation undertlua seatton shall Include: a)the duty to promptly accept tender of defense and provide defenso to tha City at the Permittee's ❑wn'.expense; - Indemnification of claims made by the Permittee`s own employees or agents; and c) waiver.of the Permittee's immunityunder.the ineittstrlal Insurance prdvislons of Title 81'RGW,which Waiver has been mutually nagatlated by tha parties, rn the event It Is necessary,for the City of Kent to incur attorneys fees,legal expenses,"or other costs to enforce the provislons of this section, all such fees, ' 'expenses,and costs shall be recoverable frdm the Permittee,. . . , SPECFAL USE PM- MIr-2 Between CityI Kent rkKingCountyft 6hditetbnter r In the event It Is determined that RdW 4:24.115 applies to this permit, the Permittae agrees to defend, hold harmless, and Indemnify City of Kent to the, maximum extent permitted hereunder,, and specTIc'ahy,for its negligence poncurrent with that of City of Kent to the full extent-of Perrhittee's negligence. Permittee agrees to defend,indemnity, and hold harmless City of Kent far claims by Fermtttea's arbployees and agrees to waiver of its immunity under Title 51 RCW, which waiver has been mutually negotiated by the parties, 3.• l 5[1U1QCRTMWAU,QNV; in all hiring or employment,made possible or resulting fl-om this Permit,there shall be no discrlminat(on against any'employee or r applicant for empfgymeht because of race, color,ancestry,religion, national origin, age{sex,sexual orientation,marital status,or the presence or any sensory)mental or physlral handicap in ari otherwise quallffed handfcapped person Wes's based upon a bona fide occupational qualification, and this requirement shall eppiyto but rfot be Ifmlted to the fbilowrng. empioyment, advart'ising, Tay-ofr or barmination; ° rates of pay oe other forms of cpmpenontlon, and sefectlon for training•including ! apprenticeship. No person shall be denied, or Subjected to dlserfrhination In,receipt of the benefit of any services or activities made possible by or resulting from thls Permit on the,grounda ofrace,color, ancestry, religion,national orlgtn,age(except ' minimum age and retirement,provisions), sex, sexual orentation, marital status, parental status, the presence of any sensory, mental or phys7cdl handicap, or the use of a tralned guide-dog by a blind or deaf person.Any violation of this provision shall be considered a violation of a rbat'erlat provision of this Permit and shall be, ° grounds for oancallatidb,termllOtion'br suspension in whole or In part or the Permit ` I by the city of Kent,and may result in rnellgibillty for,ltirthei clty of,cent permits. d, P1 1tMITTEq Usgv Permittee'shalf.limit its use of#ire property#o only 1 those activities specified in this Permit. 5. N_QX-EXCL OVE RIGHT: This Permit shall not: be deemed or construed to be an exclusive r7ght. It does not prohibit the City of Kept•from , r granting any other permits to other public or prtvate•entttles, nvr shall It prevent the City of Kent from using any public place for,any and all public use or•affect lts Jurisdiction over any part of them, provided,that any such other permits or use by the City of Kent shall not unreasanably interfere with Permittee's use of the Property as authorized by this ParmI 6. r ASSESSMMPi$; Permittee shall be required to pay any general•or special assessments Incurred by fhe City of dent,which are directly atLelbutable to or arising from any actions,occupancy, or usage authorized herein. 7, XWMIlyg7 ON BY FERMTfTEE. The Perml tee may terminate the Permit 5y written notice-to the City of Kent's Facilttles Manager upon frrsb giving not less than efghtdarl(18)months prlorwritten notice. B. pp-TURN bF PREMISES: Permittse snail construct no improvements on i the Property without prior written approval of King County. If such Improvements ,are authorized, upon revocation,termination, or abandonment, the Permlttee shall $KCIAL USb'PERMTr,3 BeV^gn QUY of Kent&nv county Rai PWW"center ' remove, at Parmitte s expense, any fadlitles pladed on he Property b the Perynktoe,an 6store'tFie Property to n•co�ri�on whM ie equ alelif In all respects to the condition existing prOr to Installation of the faallties: If the Per•mittee has not accomplished removal and mstoratlbn at the end of a nlnety-day period a',` faliowing tite efIbctive date of revocations termination,expiratlon,or abandonments .King County may accomplish all cif the nedes sary work and charge all of the costs to the Permlttee. 9• AEPAIRING DAMAGE AY ItE&MEI': Ili the event t[iat xfamage of any hind is caused by the Fermittee, in the course of making use of the Property w' (beyond normal wear and tear) authorized by thts Permit, Permittees shall repair said damage At its sate cost and expense, Repair work shall begtn without delay l and continue without interruption until completed.if damage is extensive,the time allowed For repair will ba prescribed by the city of Kant agent. XF the City of Kent, determines It is,necessary,the City of Kent may accomplish the.workand charge all i the costs to ttie Permittee.' Nothing in this section shafh relieve the Permittee of duties under Terms and Conditions No,2 above. .s j 10. A13ATEMENT OR UNSAFA•COAIDMONSr The City of Kent may OD, r u, order,or have done all worn consfdored necessary to restore to a safe condition any elrep descdhed,in Permit that exlsts in a condition dangerous to life or property. Nothing In this section shall relieve tha PermitL•ea of duties under Terms end { 1 Conditions Nu.2 above. 11. BIGHTS AND OBLIGATIONS EZS FD Ta My()F Ki NT; `fha City of Kent reserves the r1glif to use, occupy;and enjoy its Property for such purposes as It shall desire including, but not limited to, constructing or installing structures and •fadlities on the Property, or dart loping, rmproving,'r'epairtng or altering the „v Property} however, except as provided in Sectibn 17(a),•the city of scent may not reduce,temporarily or-permanently,the total number of parking spaces below 4,5a: The City-of Kent shall tnarntain the Property in iL^s `gas is° condition, Subject t(? regular wear and tear, which maintenance•shall include regular tree and -inrush `F• trimming and removal, quarterly surface sweeping, monthly Utter contra), s• ; Maintenance of all tight fixtures; provided however that the city of Kent is udder no obligatton to ,re-stripe, resurface, seal-coat, joint seal, undertake curb or paving repair or slab replacement during the term of this'Permrt. The City Is under no obggotlaa to peform any, adverse weather response, including but not limited W •� snowplowing, sanding, or other actrvrty; however, the County is authorized to ; patform that acktuGLy when necessary, r 12, OTHER APPLICABLE LAWS: issuance of this Permit does riot Ili any i t way relieve the Permittee from complying with any other applicable laws in perinrming the work or making use of the Property as authorized ffy thls•Permit] r* AMENDMENTS,; 'this Permit May be, amended only by wrIttan l" agreement of the City of Kant and the Permti tee. 3 SPSCML USE PERMIT-4 Between UN of Kent Pc Ong county Re;ShoWat'a rxntar _ .•ay v T L : This Permit 9rwo only the right to use the City of Kent's Interest In the Property,and the granting of this Permit is not a Warranty that good title to any spedHc property is vested in the City of Kent. i .15. CONDITION OF•PRDPERTY,-.Prior to March 15,2009,that Permittee will Inspect the Property end- prepare a kepoit of that inspection.• The Permittee understands and agrees that the Property Is taken for Its•use, as described.In the •hispectron report,in Its"AS IS"ronditdon end.thatthe City or Kent has na obligation to the Permlttee•to make any,changes, Impmvernents, or to inoar an' expense whatsoever for environmental andfor other problems associated with•the Property to facilitate Perinittee's authorized use of the Property, 16, .ASSICNMI~N7: The Permlttee shall' not assign anyof its rights under this Parmli;wlthoutthe prior written consent oPthe City of Kent, . 17. SPCIAI `MPAS AiUD ODNDITIONS, !S. ,aR tdaytime l vantd. The city of Kent may-conduct up.t'o twe ity(20)a,li< day events annually. These all-day events will be Coordinated With i Permittee as provllded in the James,St, Park and- Elide Perolt (e.g., such dablq shall be placed an the preliminary avant list and confirmed not less than W days in advance, as more spaclitcall� desorlWed in _ Sectlons 17.a and .b oftheiames St.Park and Ride•Pemilt), Ori those " ' days only; thew surrace parking rights will not ba ovaifebte to . Permltkia: . b, Additional conditions of Use, ; 1, No structure shall be constructed or installed on fife Property. - 2. Ric parking andlor,activities shall not obstruM the city of Kent's Lisa of the remaining shoWare Center property or the use of any adjacent property owned by the City oflCentf If any. S. TN Porniittee shall not place, or allow placement of, any � materials, displayer stands.. or equipment on the Property without prior written approval ilom the city of i<ent, 4, The Permittae shall provide its•own trash receptacie's and shall' be responsible for cleaning-up, reinoving'and disposing of all i debris and materials associated witfl its use to an off site L. lor-atlon at least once each Week provided that clean-up shell not occur wARn 24-hours of a scheduled event at the ShoWare Center,It being the intent of the partlas that the City shall have responsiblilty for cleaning the Premises following events, The Permittee's weekly cleaning responsibilities shall include deaning up, removing and disposing of all debris from In and SPECIAL UV MRMir••5 Netween City of Kent&King County RE:shoWnre Cenre_r n ' - i i around the landscaped areas, Tncludni -without ilmftatlon any* advertf'slrig flyers or other pamphlets placed on par ed ve icles, ; S. If Permittee desires to extend the-Term of this Permitr the Permleteo trust rriake a wrltten.request to, and approved In ' writing by, -the city,of Kent andr.tn the sole and absolute discretion of the City of Kent, a now special use permit may be ; Issued, or an amendment made to this Permit, or some-other type-of agreement executed prior to the expimtion of the Tern, Of this Permit., j6. The Permittea shall use Its best efforts to keep the traveled roadways and sidewalks Immediately adjacent to the Perhtit t? property open and unimpeded at all times during Its authdrmed use of the Property. 1. The Permit a shall be respansibid for providind appropriate measures for Insuring the safety of pedestrians and vebQas to and from the RxC including., but not limited to, providing , adequate lighting, temporary signage, cones and flaggers. Ali traffk coptrols shall comply with the Manual an uniform Traffic -Control bevfces VMUTCD!1 or the local jurisdtctlon's traffic control.rNutremants that would supersede the long county's .f PI UTCD, B. The Permfttee shelf be responslbl$ at 16 own cos@ and liability tb.r providing security and protection, as necessary, to protect against injuries to people;including death,and theft,damage or loss•to equipment., mat'ertalsr IMprovements and -any other v • property, personal or reef, during the To}-m. The Permlttoa shall not allow any vehicle on.tha Property that exceads 10,000 pounds in weight. 9 ' Except as provide in this Permit, the P'ermitWers use cf•tha- Property shall not-damage nor In any way interfere with the City of Kent or-its visitor's use of the property as an event center, t Permittee shall not use'the ShoWara Canter's indoor facifities, i which are only for use by ShoWara patrons and employees. Thu Permittee shall not have the right to tow any City of Dent or .. - SMG vehtcles which may still be using the Property during the time of Permittee's permitted use, ;{ • it), Penmt.tee shall undettaka' no activities Inc61149tent wftH the • • terms of this Permit an the Property without prior wiltten i approval of the City of Kent: c. . Rrtrrfronmental�ndemnlfleattom The--Permlttee further agrees,for - itself, ilg' successors and assfgfis, to ,d6fegd, ifid4mnify and hold k= SPECIAL USE PERMIT 6 aetWeen city of Kent g K1ng county Re:sholNare center v harmless the City of Kent from and ag"airs}any and all environmental { problems, including the cost of defense related thereto, which arise from, in connection wl[h or incident to the acts or omissions of L Permlttder its appointed end elected officials, employees, agents and contractors (hereinafter, "Permittee adios") In the exercise of } Pei'mltteers rights Od privileges granted 'by this Pdrmft or the Per•mttt u use of, or actfvitles on, the Property or any surrounding t City of kent property. 0y way of example only, the obligations of the Pemittee under this section shall include, but.are not limited to, (a) the cost of removing end disposing of any pre-existing,li'azeirdous Sul}stances uncovered In the course of the activities by permittee adnfs under this Poymit, Feletad permits or. acUvvitles as may be required`by lagr; (b)the cost of taking necessary steps to comply with and paying penalties assessed for(allure to comply with the provisions of any federal, state or local environmental statutes, ordinances or , regulations, Athermore, •Perm(ttee shall notify 'the city of Kent Factlitlgs'Manager end.any other public agency as required by law, in the event the Parinittee or its contractor's obtain knowledge, oi' any errvironaientai problems 6 the-Property. For purposes of this Permlt, the•term"environmental problems"shall mean any claim, complaint, demand,action, cause of action} sult,lass, contributlorl actloo, action by on inabumentality of a federa), state or local govemment, cost:; OaMage,fine, penalty,expense,judgment Or liability of any Mid which i directly up Indirectly-relates to noise or the existence, use, release, threatened rgftrase,' [ealwge, spillage, discharge; disturbance, dfspersai,- movement, 'uncovering, treatment, handling, storage, i transport,-or disposal of Hazardous Substance(e),whether in;an,Into, onto or from soil,'surfaces, improvements, alrr surface water,•or ground water. L For the purposes of#his Perm14•"Hazardous subsl'aucast"•shall , Include: L 'Any toxic•substances or wastes sewage; petroleum products, radloactive substances,heavy metals, medical, corroslvei noxious, acidic, beeteriologlcal dr dlseasa , producing substances;or ti Any dangel-ous waste or hazardous wasta as defined (n: a. Washington Hazardous Waste Management,Act as now exlsting or hereafter amended (RCW ch. b. Resource Conservation and,Recovery Act as now existing or hereafter amended (42 IJ.S.C. Sec, 6901 etseg.)or SPECIAL USE PERM,,•-'7 Between GtY of rcelt&Nrng County Rai$ho.Ware center . i - .t ..• • •• 1 • r .. . ..•.......• ......• •... Ill. Any hazardous-substance,as deftned In. ..� ..�. .•• •a, Comprehensive Snvironmental �ltesponse,r4TY'•-_ ..tl~ • compensation and HablIfty Act as rtow exlsting or hereafter amended(4.2 U.S.C,See.9601 at seq,or b. lV6Ghingtan Model •Toxtcs Control Act as now • exlsUng or hereafter amended(RCW Ch..70.105D)I, #. or . IV, Any other pollutantst contaminants, substances, or materials posing a danger or threat to public health or welfare, or to the environment, which are regulated or . controlled by any federal, state and lacal laws, and '• a regulationu now or hareafter amended, 2. Tha Permtttee's obligations contained ill this Seatian d. shall • »: survive,any terminatlon or expirati❑n of this Ve;rntb and any, Lr; subsaquent transfer by the city of Kent of Its interest in the • ?, Property. d. ' Permit Conditioned on ShoWaro. Cextorr DaV use Parldng Agreemal"t This Permit fa-Issued expressly in,consideration of the ; agreement of Permlttee to Issue the City of Kent a'Special use panIn t granting the City of{font the right to use Lot,2 of thin King County : lames Street:Parts and Ride parking lot tt-om 5,30 pati..to 2:30 a.m. an the dates tdentladd on the bvent List incorporated Into that permit, as further described in thg James St Par-k'and (tide Permit,dated as of ` March 1, 2009 between Permlktee arid the City of Kent. Tit the event, { for any reason whatsoever, the Permlttee terminates the James St. Park and €tide Permit,the City of Kent shell.have the absolute right to tarminata this 'Fermit. Notwikhstanding the Terminatton Notice ; provided In Section i above, the City of Kent may terminate this ;a Permit to,coincide with the date that the Permittee terminates the James St. Park and Ride-Permit. !F jh. Ensmnnce Required. Pgrmlttae Is a selftsured governmental entity,- Permittee agrees to maintain commercTaf general Ilability r I insurance, including personal itdury and property damage, in an amount of at least one million dollars ($1,000,000.0U)per occurrence. This requirement; may be satisfied by seiFinsurence (to be evidenced <t by a letter from Permittee): r SPl:cTRL,EJ5>=PEtthlXr•-a - .•� Between city of!tent&Mng county Re:ShakWre center , . r atV Gift0iVE5r3f the P&rt[ea b0[ow hmt% autad•€hlo Palk v Mah wal !: bae4rne Offeatiue an the Fast date w 6de►t below, IL$NG COUNTirs CXTYrip KEN3e. i Print Name:C Zts I G Pri a e: a Cao a lYs Maybr DATE' e LAPPk,O,lVF-:D AS TO EORNi:- .. APPROVIiD AS Tm FOR• g County Prosecutdrrs Offloa I(e t Law Departmhnt • 71�CtvlhFtles`OprnFllea11oY14sPaciaMleeYertW�1M➢ay[lsek�•enlsCentoFRPAI•daaE .' - . s SPF-MAL use PERNW,s He[Yreell My oP Kent&Mng County Re:shoWara Centel• - ' r n J XN WY'mewr the paries Iralaw Nava emcuftd gib Parraikv*fth vu19& haeawYa at eo €►ra an the last data wriiaBn below. KING Ct5lill`'riY, 014x4m Prim Mime! .F lnt Nariet 5u et a �aa14e TEs Mayor - DATE Curd i)A7 . .APPROV15DA$TO Mk�WY� Ak�Pii®1(�UA �€9 ORV40 E Wag Cautifi vrdsecutor`s Orme Kent law aepaaMOM SPECrA USE PERItiRLi'^9 r RBWftMn C4 DP Knot&Kfna cw*8ui slmW"Cvn6r d+ V i +�r .t ^ • 6 as � U � " � 1 EA El gotA •X} , REQUEST FOR MAYOR'S SIGNATURE / T Please Fill in All Applicable Boxes KEN Reviewed by Director Originator's Name: Kim Komoto Dept/Div. Law Extension: 5788 Date Sent: Aril 10, 2013 Date Required: April 12, 2013 Return to: Kim Komoto CONTRACT TERMINATION DATE: VENDOR: King County DATE OF COUNCIL APPROVAL: ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: On January 27, 2009, the City received from King County a Special Use Permit providing the City with incidental/evening and limited day use parking rights at the King County Kent James Street Park and Ride Lot. On January 27, 2009, King County received from the City a Special Use Permit providing the County with day use of the ShoWare Center parking lot. The City and King County now wish to amend the prior permits by removing the expiration sections and replacing them with termination language providing for termination with 18 months advance notice. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) JEDReceived: "� F '; ' Approval of Law Dept.: "PR 10 2013 e' " Law Dept. Comments: KEN1 AVV DEPT RECEIVED APR 10 2013 Date Forwarded to Mayor: City nf Kent Office of the Mayor Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: APO 1 1 2013 C�noCLERK Disposition: Date Returned: