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Home My WebLink AboutPD11-160 - Amendment - #1 - PWRP Kent LLC - Panther Lake Police Substation - 03/18/2014 ecords M t geme "'4 KENT WA$NINOTON Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Pk I Panther Lake LLC Vendor Number: ID Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Panther Lake Police Substation Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ® Contract ❑ Other: Contract Effective Date: 6/1/2014 Termination Date: 5/31/2017 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Police Chief's Administrative Assistant Department: Police Detail: (i.e. address, location, parcel number, tax id, etc.): 10842 SE 208" Kent S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 M6IN0 LEGAL CONST FIRST AMENDMENT TO SHOPPING CENTER LICENSE AGREEMENT Project ID SWAK1494A Lease ID LKENTPODO Licensee ID TKENTPO00 THIS FIRST AMENDMENT TO SHOPPING CENTER LICEN�S,E AGREEMENT (the "Amendment") made as of the-(?—day of rCj 1 20LT, by and between PK I PANTHER LAKE LLC (hereinafter referred to as "Licensor") and KENT OOLICE DEPARTMENT (hereinafter referred to as"Licensee")with reference to the following WITNESSETH /00 WHEREAS,Licensor and Licensee are the parties to that certain License Agreement dated March 2011 (the"Agreement") ,pursuant to which Licensor has licensed unto Licensee and Licensee has licensed from Licensor certain premises (the "Licensed Premises") in the PANTHER LAKE SHOPPING CENTER located in Kent,Washington,as more particularly described in the Agreement,and WHEREAS, Licensor and Licensee desire to amend the Agreement in the manner hereinafter set forth NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,it is mutually agreed as follows 1 Extended Term The License Term is hereby extended for an additional period of three (3) years (the "Extended Term") commencing as of June 1, 2014 so that the License Term shall now expire on May 31,2017(the"Expiration Date") 2 Base Rent During the Extended Term,the Base Rent shall be as follows. LEASE YEAR ANNUAL BASE RENT MONTHLY INSTALLMENT 6/1/2014-5/31'2015 $9,058 00 $754 83 6/1/2015-5/31/2016 $9,32974 $7774a 611 12 01 6-5/3 112 01 7 $9,609 63 $800 80 3 Relocation Notwithstanding any other provision in this Agreement, Licensor in its absolute discretion shall have the option at any time to relocate Licensee from the Licensed Premises(the "Present Premises") into other premises in the Shopping Center(the "New Premises") Licensor shall give Licensee at least a forty-five(45)day notice of the approximate date Licensee is to move to the New Premises Licensor shall prepare the New Premises to the same extent that the Present Premises exists as of the date Licensor gives Licensee notice that Licensee will be required to relocate The New Premises will have at least the same amount of square foot area as the Present Premises Licensor shall pay for moving Licensee's inventory, fixtures, equipment and storefront sign to the New Premises Licensee shall cooperate with Licensor Licensee will move its business operations to the New Premises within forty-eight (48) hours after Licensor notifies Licensee that it has substantially completed its preparation of the New Premises The New Premises will become the Licensed Premises(instead of the Present Premises)and the Rent(including all of Licensee's other monetary obligations to Licensor under the Agreement) and all the other terms and provisions of this Agreement shall be transferred to and continue to apply,without interruption,to the New Premises from and after the date Licensee is required to move pursuant to this Article 4 Miscellaneous (A) Addresses for notice purposes are To Licensee Kent Police Department 220 Fourth Avenue South Kent,Washington 98032 Telephone No ZS 3/) 851D—Z It I To Licensor c/o Kimoo Realty Corporation—Site 1494A Aftn Legal Department 1621-B South Melrose Drive Vista,CA 92081 with a copy to clo Kimco Realty Corporation—Site 1494A 1 of G 1LEGAL DEPTWCWnendmentsSRenewal Amendment(53769)Kent Police Department 1494A doc Alan Legal Department 3333 New Hyde Park Road Suite 100,P O Box 5020 New Hyde Park,NY 11042-0020 (B) It is mutually understood and agreed that the Agreement shall be and remain in full force and effect,as modified and amended hereby,and Licensor and Licensee hereby ratify and confirm the Agreement as amended hereby Without limitation of the foregoing, Licensor hereby confirms its granting of the Licensed Premises to Licensee, and Licensee hereby confirms its acceptance of the Licensed Premises on all of the terms and conditions of the Agreement as hereby amended (C) If Licensee is not an individual, the person signing this document on behalf of Licensee represents(by such signature)that he or she has been duly authorized by Licensee to execute this document and that such signature creates a binding obligation of Licensee (D) Licensee acknowledges that, no default exists on the part of Licensor under the Agreement as of the date hereof (E) In the event of a discrepancy between the Agreement and this Amendment, this Amendment shall prevail If not defined herein,all capitalized terms used in this document shall have the meaning ascribed to them in the Agreement unless the context otherwise requires This Amendment contains all of the agreements of the parties hereto with respect to the matters contained herein,and no prior agreement (other than the Agreement), arrangement or understanding pertaining to any of such matters shall be effective for any purpose (F) In the event Licensor has or initiates a uniform HVAC maintenance program or trash removal program for the Shopping Center,Licensee agrees,at Licensee's expense,to participate in such program(s)and use Licensoe's designated contractor(s), provided their prices are competitive with other contractors in the region Throughout the entire Agreement Term Licensee shall make all repairs to the HVAC system serving the Licensed Premises required to keep same in good working order, failure of which shall entitle Licensor to make such repairs at Licensee's expense (G) No Broker Licensee represents and warrants to Licensor that it has not dealt with any broker in connection with this Amendment and Licensee does hereby agree to defend,indemnify and hold Licensor harmless of and from any claim of or liability to any broker, finder,or like agent with whom Licensee may have dealt in connection with this transaction (H) OFAC Licensee represents and warrants to Licensor that neither Licensee nor any affiliate or representative of Licensee (i) is listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Asset Control, Department of the Treasury ("OFAC") pursuant to Executive Order number 13224, 66 Federal Register 49079 (September 25, 2001) (the "Order') (it) is listed on any other list of terrorists or terrorist organizations maintained pursuant to the Order, the rules and regulations of the OFAC or any other applicable requirements contained in any enabling legislation or other executive orders in respect of the Order (the Order and such other rules, regulations,legislation or orders are collectively called the"Orders"),(in)is engaged in activities prohibited in the Orders, or(iv) has been convicted, pleaded nolo contendere, indicted, arraigned or detained on charges involving money laundering or predicate crimes to money laundering IN WITNESS WHEREOF,the Licensor and Licensee have executed this instrument as of the day and year first above written WITNESSES: LICENSOR* PK 1 PANTHER LAKE LLC By KIM-BIG 2 JV LP,its sole rDqmber By KIM-BI 2 �P,Inc, general part �S�„tt,t,ll,lL By Name l in Smith 1 ^ Date VICE Pre81(Wt WITNESSES: LICENSEE: KENT POLICE DEPARTMENT Bw Name 5 2 60OKe ? Tilt a Date 3 oz1 / 2 of G'LEGAL DEPTNG%AmendmentsXRenewal Amendment(53769)Kent Police Department 1494A doc ACKNOWLEDGMENT FOR LICENSEE STATE OF ) ) � ) SS COUNTY OF t03 ) On �befor a Notary Public in and for said State,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whos*es)4re subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hts/her/lheir authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of that the forogcttNgN %"7h is true and correct KOMO)` 11114 Q .,awawt O / J� �7tPflii4t // JE hand rid o lal seal W i 2 a s (� y Sign re of N ry CD .p ems ve: Z (S 6 0 °j //�IfISTATE OF�; ACKNOWLEDGMENT FOR LICENSOR STATE OF (Ay tw-q\`^ ) SS r'SAW ► COUNTY OF 1�,,�E) ) On Z1.1 OWA,before me, 1y 1��' ^r ��' a Notary Public in and for said State,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct WITNESS my hand and official sea NICOLE ANN CLARK Commission # 1965257 z Signature of Notary a =a Notary Public- California z z Pz='� San Diego County QMy CoWFrAExpires Jan 27,20j 3ot3 G ULEGAL DEPTWNMAmendmentslRenewal Amendment(53769)Kent Police Department 1494A doc PK I PANTHER LAKE LLC 1621-B South Melrose Drive Vista, California 92081 FEDERAL EXPRESS March 28, 2014 Kim Komoto City of Kent— Law Department 220 4th Avenue South Kent, WA 98032 Re First Amendment to Shopping Center License Agreement by and between PK I PANTHER LAKE LLC ("Landlord") and KENT POLICE DEPARTMENT ("Tenant') (the "Amendment") Premises- Panther Lake Shopping Center, Kent, WA Kimco Site No. SWAK1494A - Plot "PADA2" Dear Ms. Komoto Enclosed herewith is one (1) fully executed counterpart of the Amendment regarding the Tenant located at the above referenced premises Please accept our best wishes on your continued success at our Shopping Center If you need further assistance, please contact Carmen Decker at (425) 373-3511. Very truly yours, Nicole Clark Legal Assistant /nac Encls. cc- Carmen Decker(w/Encl ) Tern Mezgebu (w/Encl.) G\LEGAL DEPTWC\Amendment Letters\1494A\KENT POLICE DEPT 1494A Cvr-rex Amendment doc Pacific Southwest Region 1621-B South Alchose Drive,Vista,CA 92081 Phone 760 727-1002 Fax 760-727-1430 kimcorealty.com /�'► REQUEST FOR MAYOR'S SIGNATURE �✓ KENT Please Fill in All Applicable Boxes n..11 1 1cr on Reviewed by Director Originator's Name: Kim Komoto Dept/Div. Law Extension: 5788 Date Sent: March 20, 2014 Date Required: March 26, 2014 Return to: Kim Komoto CONTRACT TERMINATION DATE: VENDOR: PK I Panther Lake LLC DATE OF COUNCIL APPROVAL: March 18, 2014 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: This First Amendment to Shopping Center License Agreement is between with city of Kent and PKI Panther Lake, LLC, for the Kent Police Department Substation located in the Panther Lake Shopping Center. This Amendment extends the current lease for three additional years at a cost of approximately $800/month. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: RECEIVED Law Dept. Comments: l� j�f ppp MAR 2 '- 014 if(LENT LAW DEPT Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: RECEIVED RECEIVED Disposition: ! (i„ sr L 1 7014 City of Kent Date Returned: `J�Zj ( �L, office of the Mayor CI CITY CLERK K