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L16-072 - Original - Kent Hill, LLC - East Hill K2 Police Substation - 08/16/2016
f �� Ree® rds 1�1 ► erne`n KENT Document WASHINGTON A� 3 tlt R 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 Hill LLC Vendor Number: JD Edwards Number Contract Number: UtJ - 0`1 �- This is assigned by City Clerk's Office Project Name: K2 Police Substation - East Hill Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment 4gZontract Other: VlL Contract Effective Date: upon completion of improvements Termination Date: 8/31/2021 Contract Renewal Notice (Days): 60 Number of days required notice for termination or renewal or amendment Contract Manager: Tracey Church Department: PD Contract Amount: Approval Authority: ❑ Department Director ® Mayor ❑ City Council Detail! (R-e- address, location, parcel number, tax id, etc-)m Kent Police Department substation on East Hill 25635 104t' Ave SE As of: 08/27/14 LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") is entered into as of the Effective Date (as defined below), by and between KENT HILL, LLC, a Washington limited liability company, with its principal address at 10655 NE 4tn St. #901, Bellevue, WA 98004 ("Landlord"), and the CITY OF KENT, a Washington municipal corporation ("Tenant"), for a Kent Police Department substation, to be located at 25635 104th Ave. SE ("East Hill Substation"). Throughout this Lease, Landlord and Tenant may each individually be referred to as a "Party" and collectively as the "Parties." BACKGROUND A. Landlord is the owner in fee simple of a parcel of land located in the City of Kent, King County, Washington, legally described on the attached Exhibit A (the "Property"). B. Tenant is a municipal corporation providing police services in Kent and desires to lease that portion of the Property as depicted on the attached Exhibit B, sometimes referred to as the East Hill Substation, together with normal and customary rights of ingress and egress, as well as the exclusive use of a small number of dedicated parking stalls. C. Accordingly, the Parties are entering into this Lease on the terms and conditions set forth below. AGREEMENT In consideration of their mutual covenants, the Parties agree as follows: 1. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord that portion of the Property as depicted on the attached Exhibit B (the "Premises"), consisting of approximately 1,274 interior rentable square feet, together with non-exclusive rights of ingress and egress to the Premises and the exclusive use of no less than three parking stalls in the parking lot immediately adjacent to the Premises, as determined by the neighboring Landlord. 2. Initial Term and Option to Renew. This Lease shall commence on Landlord's completion of Tenant Improvements and Delivery of premises to Tenant (the "Commencement Date"), and end on August 31, 2021 (the "Expiration Date"). Additionally, so long as Tenant is not in material breach of this Lease, including any periods to cure, Tenant shall have the option to renew this Lease for one additional five-year period, subject to the adjustment to then-Fair Market Rent, as described in Section 3. Should Tenant wish to exercise its option to renew this Lease, that option must be exercised in writing and delivered to Landlord at least 60 calendar days before the Expiration Date. LEASE AGREEMENT FOR EAST HILL POLICE SUBSTATION - Page 1 of 13 (Landlord: Kent Hill, LLC; Tenant: City of Kent) (2016) 3. Monthly Rent. a. Tenant agrees to pay Landlord as Monthly Rent, without notice or demand, the sum of ONE THOUSAND FIVE HUNDRED FORTY AND NO/100 DOLLARS ($1,540.00), plus leasehold tax, if required by law, beginning on the Commencement Date; provided, however, that the Monthly Rent due and owing for the month of August, 2016, shall be pro-rated as of the Commencement Date. Subsequently, the Monthly Rent and all taxes due, if any, shall be paid in advance, on or before the fifth day of every month during the term hereof. All payments shall be mailed to: Kent Hill, LLC, MSC 50958, P.O. Box 6968, Portland, OR 97228. b. Tenant shall pay Landlord a late payment charge equal to five percent of the Monthly Rent for any payment not paid within five calendar days of when due. Any amounts not paid when due shall bear interest until paid at the rate of one percent per month. C. The Monthly Rent during years two through five of the initial term shall increase, beginning August 1 of each year, by an amount equal to two percent of the previous year's Monthly Rent. For purposes of this Lease, the term "year" shall refer to the 12-month period beginning August 1 and ending on July 31, and shall not mean a "calendar year" unless specified elsewhere in this Lease, and then only for the limited purpose for which a calendar year is used. d. If Tenant elects to exercise its option to renew the Lease for an additional five years, as described in Section 2, above, then the Monthly Rent during the first year of the five-year renewal term will be adjusted to Fair Market Rent. As used herein, "Fair Market Rent" means the rent paid per square foot, for similar uses on similar properties in South King County, and for units of comparable size (approximately 1,274 square feet). Upon receipt of Tenant's written request to exercise its renewal option, Landlord shall have 30 days to present Tenant with Landlord's written proposal for the adjusted Fair Market Rent, along with additional supporting documentation if Landlord's proposed Fair Market Rent exceeds five percent of the Monthly Rent paid by Tenant for the year ending on July 31, 2021. Landlord and Tenant agree that in no event shall Fair Market Rent be less than the final year's Monthly Rent under the initial Term of this Lease. If Landlord proposes a Fair Market Rent increase in excess of five percent, Tenant may provide Landlord with written documentation supporting a lower amount for rent paid for square foot based on the same criteria as described in this Subsection 3(d). Landlord and Tenant agree to use best efforts to resolve any disputes regarding Fair Market Rent; however, if Landlord and Tenant cannot agree upon a Fair Market Rent value within 45 days after Landlord presents Tenant with its written proposal for Fair Market Rent, then the Lease shall automatically terminate effective as of August 16, 2021, or sooner, by mutual agreement of the Parties, and Tenant shall be responsible to pay Landlord the pro-rated cost for any use of the premises after July 31, 2021, at the rate of the Monthly Rent in effect for the month of July, 2021. LEASE AGREEMENT FOR EAST HILL POLICE SUBSTATION — Page 2 of 13 (Landlord: Kent Hill, LLC; Tenant: City of Kent) (2016) hl e. Landlord and Tenant have bargained for and hereby agree that this agreement shall be a Triple Net Lease, and that Landlord shall not be required to make any expenditures of any kind in connection with this Lease or to make any repairs or improvements to the Premises except as expressly provided in Exhibit C. The Parties agree that this is a net Lease intended to assure Landlord the rent reserved on an absolute net basis. In addition to the Monthly Rent reserved above, Tenant shall pay to the parties entitled thereto its pro rata share of all taxes, permit fees, assessments, insurance premiums, maintenance charges, and any other direct charges, costs and expenses against the Premises or any other areas to which the Tenant may have exclusive access which may be contemplated under any provisions of this Lease, based on the square footage of Tenant's Premises as compared to the square footage of all leased and potentially-leasable space on the Property; subject to the following: (1) Tenant's pro-rata share of Controllable Expenses owed to Landlord under this Lease shall be established at $5.87 per month, and capped at a maximum increase of no more than five percent each year. For purposes of this Lease, "Controllable Expenses" shall include, but not be limited to: grounds maintenance; landscaping; rubbish removal; sidewalk pressure washing; quarterly HVAC preventative maintenance; graffiti removal; clean/paint; roof maintenance, and similar normal operating expenses generally applicable to all common areas of the Property. (2) Tenant's pro-rata share of Non-Controllable Expenses, such as King County property taxes and snow removal, will be based on Tenant's percentage of leased space in the Property as compared to the total square footage of all leased and potentially-leasable space on the Property, whether occupied by other tenants or not. 4. Use of Premises. a. Tenant may use the Premises for the purpose of locating, maintaining, operating, and upgrading, as necessary, the East Hill Substation for the Kent Police Department, including, but not limited to: office space; customer service centers; information technology systems; video and/or audio surveillance equipment; and related law enforcement facilities and equipment (the "Improvements"). Tenant shall use the Premises for no other purpose. I b. Tenant shall, at its sole expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health, radio frequency emissions, and safety) in connection with the use, operation, maintenance, construction and/or installation of the Improvements in and around the Premises. 5. Landlord and Tenant Improvements; Plans. a. (1) Prior to Tenant's occupation of the Premises, Landlord agrees to improve the Premises by constructing the improvements as described in LEASE AGREEMENT FOR EAST HILL POLICE SUBSTATION — Page 3 of 13 j (Landlord: Kent Hill, LLC; Tenant: City of Kent) (2016) r6& i Exhibit C. Landlord is solely responsible to provide all labor, materials, and equipment necessary for construction and installation of the improvements. The design and location of Landlord's improvements, as described in Exhibit C, shall be mutually agreed upon by Landlord and Tenant. Landlord shall ensure that all necessary permits have been issued prior to commencing said improvements. (2) All improvements made pursuant to this subsection shall be constructed in a workmanlike manner without the attachment of any liens to the Premises and shall be completed in compliance with all permits, applicable laws, rules, ordinances, and regulations. Landlord agrees to allow Tenant early access to the Premises if these improvements are completed prior to the Commencement Date. (3) Upon completion of Landlord's improvements, Landlord shall remove all debris left from the installation of the same, including any abandoned equipment left by Landlord, its contractors, sub-contractors, designers and architects, at Landlord's sole cost. b. (1) Tenant may improve the Premises by constructing such signage and exterior and interior surveillance equipment as Tenant deems necessary for the safe operation of the East Hill Substation (the "Tenant Improvements"). Tenant is responsible to provide all labor, materials, and equipment necessary for the Improvements. Prior to commencing construction, Tenant shall submit plans and specifications drawn to scale for all Tenant Improvements to Landlord for Landlord's written approval, which approval shall not unreasonably withheld by Landlord. Construction, installation, or alteration of the Tenant Improvements shall not be commenced until plans for such work have been approved in writing by the Landlord and all necessary permits have been properly issued, and all Tenant Improvements shall be professionally-installed and completed in a workmanlike fashion, to Landlord's reasonable satisfaction. (2) All Tenant Improvements shall be constructed in a workmanlike manner without the attachment of any liens to the Property and shall be completed in compliance with all permits, applicable laws, rules, ordinances, and regulations. (3) Tenant shall conform and comply with all local land use, regulatory, or building permit conditions issued by the City of Kent in connection with the construction, operation, or maintenance of Tenant's Improvements and the Improvements contemplated in this Lease. (4) Tenant shall consult with Landlord to arrange a time it will conduct construction of any Tenant Improvements. Tenant agrees to adhere to the pre-arranged schedule for construction of any Tenant Improvements. (5) Upon completion of the Tenant Improvements, Tenant shall remove all debris left from the installation of the Improvements, including any LEASE AGREEMENT FOR EAST HILL POLICE SUBSTATION - Page 4 of 13 (Landlord: Kent Hill, LLC; Tenant: City of Kent) (2016) I i abandoned equipment left by Tenant's contractors, subcontractors, employees or j assigns, at Tenant's own cost. 6. Maintenance. a. Tenant shall, at its own expense, maintain the Premises and all Improvements, equipment and other personal property related to the East Hill Substation in good working order, condition and repair, including, but not limited to: plumbing, electrical and HVAC repairs. Tenant shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference. b. In the event Landlord or any other tenant undertakes painting, construction or other alterations on Landlord's Property described in Exhibit A, Tenant shall take reasonable measures, at Tenant's cost, to cover Tenant's equipment, personal property or Improvements and protect them from paint and debris fallout that may occur during the painting, construction or alteration process. This requirement shall not be interpreted as a waiver of any claim Tenant may raise either against Landlord or any third party due to the Landlord or the third parties' negligence, so long as Tenant has taken reasonable measures to protect Tenant's equipment, property, and facilities as required above. 7. Access. Landlord and its agents shall have the right to enter the Premises at reasonable times, to examine and inspect the Premises, subject to Tenant's valid public safety concerns; provided, however, that in no event will Landlord, its employees, agents or contractors remove, relocate, alter, modify or otherwise tamper with Tenant's Improvements. Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises. Landlord or Landlord's employees, agents, or contractors shall check in at Tenant's front counter at the Premises to request reasonable access to the Premises during regular business hours of 8:00 a.m. to 5:00 p.m., which access may be withheld at Tenant's reasonable discretion. S. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. Note: Trash and water are estimated and allocated by usage factor (not square footage). 9. License Fees. Tenant shall pay, as they become due and payable, all fees, charges, taxes and expenses required for licenses and/or permits required for or occasioned by Tenant's use of the Premises and immediately adjacent areas associated with the East Hill Substation. 10. Approvals: Compliance with Laws. Tenant's use of the Premises is contingent upon its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate Tenant's Improvements in accordance with site standards, statutes, ordinances, rules and regulations now in effect or that may be issued thereafter by any authority having jurisdiction. LEASE AGREEMENT FOR EAST HILL POLICE SUBSTATION — Page 5 of 13 (Landlord: Kent Hill, LLC; Tenant: City of Kent) (2016) 11. Default. It shall be a default if: a. Tenant defaults in the payment of Monthly Rent or any other sums payable to Landlord when due, and does not cure such default within 15 calendar days after written notice of default is sent by Landlord; b. Tenant abandons or vacates the Premises for a period longer than 180 consecutive days and evidences no intent to return; C. Tenant fails, at any time during this Lease (including optional renewal periods), to conform or comply with any local land use, regulatory, or building permit conditions issued by any governmental agency in connection with the construction, operation, or maintenance of Tenant's facilities contemplated in this Lease; d. Tenant is adjudicated as bankrupt or makes any assignment for the benefit of creditors; e. Tenant becomes insolvent; or f. Either Party defaults in the performance of any other covenant or condition of this Lease and does not cure such other default within 30 calendar days after written notice from the non-defaulting Party specifying the default at issue; provided, however, that neither Party will be in non-monetary default under this subsection if it begins to cure the alleged default within the 30-day period and thereafter diligently prosecutes the cure to completion. 12. Cure by Landlord. In the event of any default of this Lease by Tenant, Landlord may, at any time after the specified notice period has run, cure the default for the account of and at the expense of the Tenant. If Landlord is compelled to pay or elects to pay any sum of money or to do any act that will require the payment of any sum of money or is compelled to incur any expense, including reasonable attorney fees in instituting, prosecuting or defending any action to enforce Landlord's rights under this Lease, the sums so paid by Landlord, with all interest, costs and damages shall be deemed to be Additional Rent and shall be due j from Tenant to Landlord on the first day of the month following the incurring of the respective expenses. If Tenant disputes the appropriateness of the Additional Rent in good faith, Tenant will pay such Additional Rent "under protest". Any payment under protest by Tenant shall not be considered an admission of liability or a waiver of Tenant's rights under this Agreement, and such payment shall be subject to refund if Tenant's position is upheld by a court of competent jurisdiction. 13. Optional Termination. Except for instances of default as set forth in Section 11, this Lease may be terminated (a) by Tenant if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of Tenant's business under this Lease; (b) by Landlord upon 90 days prior written notice to Tenant, if Tenant's use of the LEASE AGREEMENT FOR EAST HILL POLICE SUBSTATION - Page 6 of 13 (Landlord: Kent Hill, LLC; Tenant: City of Kent) (2016) # fP j�sj,, Premises violates applicable laws or ordinances, or (c) by Landlord if Tenant loses its accreditation to provide Police protection services. 14. Termination: Notice. Except as otherwise provided in this Lease, any notice of termination shall be given to the other Party in writing at least 30 calendar days prior to the proposed termination date. 15. Damage or Destruction. If Tenant's or Landlord's Improvements, or any portion thereof, are destroyed or damaged so as to materially hinder effective use of the Premises as a Police Substation through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon 30 calendar days' written notice to Landlord. In such event, Tenant shall promptly remove all Tenant Improvements from the Premises. This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence, at which termination Tenant shall be entitled to the reimbursement of any Monthly Rent prepaid by Tenant. Landlord shall have no obligation to repair any damage to any portion of the Property, the Premises or any related incidental areas. 16. Condemnation. In the event the Premises are taken by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. In the event a portion of the Premises is taken by eminent domain, either Party shall have the right to terminate this Lease as of said date of title transfer, by giving 30 days written notice to the other Party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion of all damage awards, whether awarded as compensation for diminution in value of the leasehold or the fee of the Premises. Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, and Improvements. 17. Indemnity. a. Disclaimer of Liability: Except for the negligence or willful misconduct of Landlord, Landlord shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, maintenance, repair, use, operation, condition or dismantling of the Property, the Premises, the parking stalls, and any Improvements made by Tenant. b. Indemnification: Tenant shall, at its sole cost and expense, indemnify and hold harmless Landlord and all associated, affiliated, allied and subsidiary entities of Landlord, now existing or hereinafter created, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "Indemnitees"), from and against: LEASE AGREEMENT FOR EAST HILL POLICE SUBSTATION - Page 7 of 13 (Landlord: Kent Hill, LLC; Tenant: City of Kent) (2016) (1) Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any act or omission of Tenant, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, invasion of privacy, and unauthorized use of any trademark, trade name, copyright, patent, service mark or any other right of any person, firm or corporation, which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use or condition of Tenant's Improvements, Tenant's use of the Premises and Access Easement, or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. (2) Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted against the Indemnitees by reason of any claim or lien arising out of work, labor, materials or supplies provided by or supplied to Tenant, its contractors or subcontractors, for the installation, construction, operation, maintenance or use of the Premises, Access Easement, and Tenant's Improvements. Tenant shall cause such claim or lien covering Landlord's Property to be discharged or bonded per the requirements in section 5(a)(2) above. (3) Notwithstanding the foregoing, Tenant shall not indemnify, defend or hold harmless Landlord for any liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses or expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants), arising out of the Landlord's negligence or willful misconduct. C. Assumption of Risk: Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees all risk of dangerous conditions, if any, on or about the Property and the Premises. Tenant's assumption of risk shall not apply to any latent defects or other dangerous situations, if Landlord knows or should know that defect or situation exists but has not disclosed that information to Tenant. d. Defense of Indemnitees: In the event any action or proceeding is brought against the Indemnitees by reason of any matter for which the Indemnitees are indemnified hereunder, Tenant shall, upon notice from any of the Indemnitees, at Tenant's sole cost and expense, diligently resist and defend the same; provided, however, that Tenant shall not admit liability in any such matter on behalf of the Indemnitees without the written consent of Landlord and provided further that Indemnitees shall not admit liability for, nor enter into any compromise or settlement of, any claim for which they are indemnified hereunder, without the prior written consent of Tenant. I I LEASE AGREEMENT FOR EAST HILL POLICE SUBSTATION - Page 8 of 13 (Landlord: Kent Hill, LLC; Tenant: City of Kent) (2016) r - i e. Notice. Cooperation and Expenses: Landlord shall give Tenant prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section 17. Nothing herein shall prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by Landlord's attorney, so long as the participation is coordinated with Tenant's attorney. Tenant shall pay all expenses incurred by Landlord in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses, such as the reasonable value of any services rendered by Landlord's attorney; the actual expenses of Landlord's agents, employees, or expert witnesses; and disbursements and liabilities assumed by Landlord in connection with such suits, actions or proceedings. Provided, however, these expenses shall not include attorneys' fees for services that are unnecessarily duplicative of services provided to Landlord by Tenant. 18. Insurance. Tenant agrees to comply with the insurance requirements of Exhibit D at all times during the term of this Lease. Any payment of deductible or self-insured retention shall be the sole responsibility of the Tenant. 19. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Premises will not generate any hazardous substance, and it will not negligently or intentionally store, or dispose, or transport over the Premises any hazardous substance in violation of any federal or state law. Tenant further agrees to hold Landlord harmless from and indemnify Landlord against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of Landlord, its employees or agents. Similarly, Landlord warrants that the Premises are free of any hazardous substances and agrees to indemnify and hold Tenant harmless from the Landlord's negligent or intentional introduction of any hazardous substance by Landlord. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 20. Holding Over. Any holding over after the expiration of the Initial Term of this Lease, with the consent of the Landlord, shall be construed to be a tenancy from month to month and rent shall be paid by Tenant at 120% of the Monthly Rent for the last year of the Initial Terms, and shall otherwise be on the terms and conditions herein specified, so far as applicable. 21. Subordination to Mortgage. Any mortgage now or subsequently placed upon the Property of which the Premises are a part shall be deemed to be prior in LEASE AGREEMENT FOR EAST HILL POLICE SUBSTATION - Page 9 of 13 (Landlord: Kent Hill, LLC; Tenant: City of Kent) (2016) kv time and senior to the rights of Tenant under this Lease. Tenant subordinates all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage. Tenant shall, at Landlord's request, execute any additional documents necessary to indicate this subordination within 10 days of written request by Landlord; provided that such documents include provisions by which Landlord's mortgagees agree that Tenant's use and quiet enjoyment of the Premises will not be disturbed so long as Tenant is not in default under this Lease. 22. Acceptance of Premises. With the exception of latent defects and any hazardous substance contamination existing prior to the Commencement Date, by taking possession of the Premises, Tenant accepts the Premises "AS-IS," in the condition existing as of the Commencement Date. Landlord makes no representation or warranty with respect to the condition of the Premises or their fitness for any of Tenant's intended uses thereof. 23. Estoppel Certificate. Tenant shall, at any time and from time to time upon not less than 30 days prior request by Landlord, deliver to Landlord a statement in writing certifying that (a) the Lease is unmodified and in full force (or if there have been modifications, that the Lease is in full force as modified and identify the modifications); (b) the dates to which rent and other charges have been paid; (c) so far as the person making the certificate knows, Landlord is not in default under any provisions of the Lease; and (d) such other matters as Landlord may reasonably request. 24. Notices. All notices, requests, demands, and other communications required to be sent pursuant to this Lease shall be in writing and shall be deemed given if mailed, certified mail, return receipt requested, or by a nationally recognized courier service, to the following addresses: If to Landlord, to: KENT HILL, LLC C/O JSH Properties, Inc. 10655 N.E. 41h St #901 Bellevue, WA 98004 If to Tenant, to: City Clerk City of Kent 220 Fourth Avenue South Kent, WA 98032 25. Successors and Assigns. This Lease shall run with the land and be binding upon and inure to the benefit of the Parties, their respective successors, personal representatives and assigns. 26. Non-Waiver. Failure of either Party to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but such Party shall have the rights to enforce such rights at any time and take such action as might be lawful or authorized hereunder, either in law or equity. The receipt of any sum paid LEASE AGREEMENT FOR EAST HILL POLICE SUBSTATION — Page 10 of 13 (Landlord: Kent Hill, LLC; Tenant: City of Kent) (2016) by Tenant to Landlord after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing. 27. Miscellaneous. a. Landlord and Tenant represent that each, respectively, has full right, power, and authority to execute this Lease. b. This Lease constitutes the entire agreement and understanding of the Parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both Parties. C. This Lease shall be construed in accordance with the laws of the State of Washington. Venue and jurisdiction of any lawsuit arising out of the performance or obligations of this lease shall be in the King County Superior Court, Kent Regional Justice Center, Kent, Washington. d. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. e. Landlord covenants that Tenant, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. THIS LEASE IS EXECUTED and shall become effective on the last date indicated below (the "Effective Date"). LANDLORD: TENANT: KENT HILL, LLC CITY OF KENT ,, By: f{ i jig r t ,9 { 1 By. Print Name: * I-s aC-Ov y i Prim Na� e: Suzette Cooke Its: VVA-),,-s (y.- o -, _. JW.: M or Date: `3',�LO/6, Date: �� er 6 AP , OVED AS TO FORM: e \L w Department a 4 } t LEASE AGREEMENT FOR EAST HILL POLICE SUBSTATION — Page 11 of 13 (Landlord: Kent Hill, LLC; Tenant: City of Kent) (2016) STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: AL;�l i lu, lall -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. tV e d.rY 611k/dw si q' q ` (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at v i '✓r�l w� ° m�� � My appointment expires LEASE AGREEMENT FOR EAST HILL POLICE SUBSTATION - Page 12 of 13 (Landlord: Kent Hill, LLC; Tenant: City of Kent) (2016) I I State of Washington ) ss. County of King ) I On )a before e, s Jul C4, - i Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. i i -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the daypAQ0p rear first above written. '10 'e�,� "te60 (Signature) @' NOTARY PUBLIC in and for the State � �awk4t� 4. of Washington, residing a y4 . My appointment expires P-0 P:{UvIpFl1nA0pm Fill Pml<e sue:mlmn:(Cenmz.Lzk,a Woonfinno \Pa4 Hill Shopholn\kent E NW Shopping 1p,w[6W110,IoaseAoa LEASE AGREEMENT FOR EAST HILL POLICE SUBSTATION - Page 13 of 13 (Landlord: Kent Hill, LLC; Tenant: City of Kent) (2016) i EXHIBIT A DESCRIPTION OF LANDLORD'S PROPERTY The land in the County of King, State of Washington, described as follows: Parcel # 2922059015 E 330 FT OF NW 1/4 OF NW t/4 SECTION 29, TOWNSHIP 22, RANGE 5; LESS N 264 FT & S 865.52 FT & LESS E 37 FT FOR 104T" AVE SE - AS PER UNNUMBERES CITY OF KENT LOT LINE PROPERTY ADDRESS: 25605 1041h Ave SE Parcel # 2922059080 POR NW '/4 OF THE NW '/4 Section 29, Township 22, Range 5; DAF: BEG AT PT OF INTSN W LN OF E 330FT SD SUBD WITH N LN OF S 865.52 FT SD SUBD TH 2 00- 05-41 E ALG SD W LN 66.00 FT TO PROPERTY ADDRESS: 25655 104T" AVE SE Parcel # 2922059106 i N 151.78 FT OF S 865.52 FT OF W 98.81 FT OF E 135.81 FT, OF NW 1/4 OF NW 1/4 Section 29, Township 22, Range 5; AS PER UNNUMBERED CITY OF KENT LOT LINE ADJUSTMENT RECORDING PROPERTY ADDRESS: 25649 104th AVE SE i I EXHIBIT B 25635 - 10e Ave. SE Kent, WA TOTAL AREA 1,274 SF SGALG� 5 { z4 rT 0 i 1 f EXHIBIT C LANDLORD'S IMPROVEMENTS Improvements to space to include the following: • Install new carpet throughout space (to be approved by Tenant) • New paint throughout space • Install one demising wall to create "reception" area and 'office" area with one door (to be mutually agreed upon by tenant and landlord. �� ® CERTIFICATE OF LIABILITY INSURANCE DATE iMMIDD/YYYY) A�® 6/30/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT Conni E Scott _ Seattle-Alliant Insurance Services, Inc. PHONE 206-204-9140 FAx 206-204-9205 1420 Fifth Avenue, Suite 1500 e,E.q: e5.x°i Seattle WA 98101 ADORESs.cscott@alliant.com INSURERS AFFORDING COVERAGE NAICN INSURERA:Allied World Assurance Co U.S. In 19489 INSURED KE583802 INSURERB:Princeton Excess&Surplus Lines In 10786 City of Kent INSURERC:Safety National Casualty_Corporatio _ -15105 220 Fourth Avenue South Kent WA 98032-5895 INSURER D: INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER:626995200 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR 11 So WVD POLICY NUMBER MMIDDNYYY MMIDDIYYYY B ,X COMMERCIAL GENERAL LIABILITY Y Y N1A3RL000006905 1/1/2016 111/2017 EACH OCCURRENCE $5,000,000 � �� � DAMAGE TO RENTED CLAIMS-MADE A OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL S ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY a ECT PRO- ❑ LOG PRODUCTS-CO_M_P/OP AGG $ OTHER: ' SIR $250,000 B AUTOMOBILE LIABILITY Y N 1A3RL000005905 111/2016 1H12017 COMBINED SINGLE LIMIT $ Ea accident 5,000,000 X ANY AUTO BODILY INJURY(Par person) $ - ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS OS NON--OWNED PROPERTY DAMAGE AUTOS (Per accident). $HIRED AUTOS Deductible SIR $250,000 A UMBRELLA LIAB OCCUR 03059914 11112016 1/1/2017 EACH OCCURRENCE $15,000,000 _ X EXCESS LAB _CLAIMS-MADE AGGREGATE_ $15,000,000 DEO RETENTION$ $ 0 WORKERS COMPENSATION SP4052264 1/112016 111/2017 X STATUTE OERH AND EMPLOYERS'LIABILITY N N/A _------ ANYPROPRIETOR/PARTNEWEXECUTIVE N] E.L.EACH ACCIDENT $1,000,000' OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,desuibe under DESCRIPTION OF OPERATIONS below ! E.L.DISEASE-POLICY LIMIT $1,000,000 B Stop Gap WA3111000006905 1/1/2016 lIV2017 Each Occurrence $5,000,000 Aggregate $5,000,000 Deductible $250,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If mare space is required) Work Comp has a$500,000 SIR RE: Proof of Liability Insurance-Lease of East Hill Substation at 25635104th Ave. SE, Kent, WA by Kent Police Department CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Kent Hills, LLC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1200 Westlake Ave. N., Suite 310 ACCORDANCE WITH THE POLICY PROVISIONS. Kent WA 98109 AUTHORIZED REPRESE TIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD KENTE-1 OP ID: N CERTIFICATE OF LIABILITY INSURANCE GATE0 081091209/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). CONTACT Robert C Klontz PRODUCER NAME: HET Insurance PHONE 253-8335140 aArc Ho:253.939-9356 201 Auburn Wayy IN rc o Ext: Auburn,WA 98002 E-ML Bob@hbtitisurance.com Robert C Klontz ADORAIES$: INSURERS)AFFORDING COVERAGE _ NAIC N IHSURERA:The Hanover Ins Group INSURED Kent East Hill Shopping Center INSURERS: Henry&Maureen Buys Family Trust INsuRERc; — Kent Hill LLC,Tenants InCommon INSURERD; c/o JSH Properties 10655 NE 4th Street#901 INSURERE: .. Bellevue,WA 98004 1 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE DOL iUBMO POLICY NUMBER MMDDAAEFF'YY MM/o�Yl1MXP'1'V LIMITS R GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0 OD2A781672 12/0112016 12/01/2016 DAMA TED 300,0 A X COMMERCIAL GENERAL LIABILITY X _PREMISES Ea occurrence _$ . X CLAIMS-MADE ❑CCCUR MED EXP Any one person) S 5,0 PERSONAL&ADVI,NJURY $ 1,000,0 GENERAL AGGREGATE $ 2,000,0 GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,0 X POLICY ,PIECOT LOC $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident $ .. ANY AUTO BODILY INJURY(Per person) 5 ALL OWNEDLAUTOS BODILY INJURY(Peraccident) $ A CS AUTOS UTOS PROPERTY DAMAGE $ HIREDAUTOS PER ACCIDENT - -_ X UMBRELLA LIAR EACH OCCURRENCE 5 3,000,0 B EXCESS UAB OD2A781672 12/01/2015 12101/2016 AGGREGATE 5 3,000,0 LIED X RET 5 WC STATU- OTHF WORKERS COMPENSATION LIMITS ER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNEH!EXECUTIVE❑ NIA E.L.EACH ACCIDENT -_ $ OFFICERNEMBER EXCLUDED?(Mandatory In NH) E.L DISEASE-FA EMPLOYEE $ Ifyas,descrihe oldie: E.L.DISEASE-POLICY OMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Kent Police Department is included as additional insured per the attached endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kent Police Department ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave S Kent,WA 98032 AUTHORIZED REPRESENTATIVE CQ,LJ- ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010105) The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract,Agreement or Permit 1 2. Additional Insured —Broad Form Vendors 2 3. Alienated Premises 2 4. Bodily Injury Redefined 2 5. Broad Form Property Damage—Borrowed Equipment, Customers 2 Goods and Use of Elevators 6, Incidental Malpractice (Employed Nurses, EMT's and Paramedics) 3 7. Personal and Advertising Injury—Broad Form 3 8. Product Recall Expense $25,000 Occurrence $50,000 Aggregate 3 9. Unintentional Failure to Disclose Hazards 5 10. Unintentional Failure to Notify 5 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. 1. Additional Insured by Contract, Agreement or This insurance applies on a primary basis if Permit that is required by the written contract, Under SECTION II — LIABILITY, C. Who Is An agreement or permit. Insured, Paragraph 4. is added as follows: b. This provision does not apply: a. Any person or organization for whom you are (1) Unless the written contract or written performing operations when you and such agreement has been executed or permit person or organization have agreed in writing has been issued prior to the"bodily injury", in a contract, agreement or permit that such "property damage" or "personal and person or organization be added as an advertising injury"; additional insured on your policy. Such person (2) To any person or organization included as or organization is an additional insured only an insured by an endorsement issued by with respect to liability for "bodily injury', us and made part of this Policy; "property damage" or "personal and advertising injury' caused, in whole or in part, (3) To any person or organization included as an insured under Item 1.a.2., of this by endorsement; (1) Your acts or omissions; or (4) To any lessor of equipment: �I (2) The acts or omissions of those acting on your behalf, (a) After the equipment lease expires; or but only with respect to: (b) If the "bodily injury", "property damage" or "personal and advertising (3) "Your work" for the additional insured(s) at injury" arises out of the sole the location designated in the contract, negligence of the lessor; agreement or permit; or (5) To any: (4) Premises you own, rent, lease, control or occupy. (a) Owners or other interests from whom land has been leased which takes 391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 place after the lease for that land business in connection with the expires; or distribution or sale of the product; (b) Managers or lessors of premises if: f. Demonstration, installation, servicing or (i) The occurrence takes place after repair operations, except such operations You cease to be a tenant in that performed at the vendor's premises in premises; or connection with the sale of the product; (ii) The "bodily injury", "property g• Products which, after distribution or sale damage" or "personal and by you, have been labeled or relabeled or advertising injury" arises out of used as a container, part or ingredient of structural alterations, new any thing or substance by or for the construction or demolition vendor; or operations performed by or on h. "Bodily injury" or "property damage" ' behalf of the manager or lessor; or arising out of the sole negligence of the (6) To "bodily injury", "property damage" or vendor for its own acts or omissions or "personal and advertising injury" arising those of its employees or anyone else out of the rendering of or the failure to acting on its behalf. However, this render any professional services. exclusion does not apply to: c. Additional insured coverage provided by this (1) The exceptions contained in provision will not be broader than coverage paragraphs 5.d. or 5.f.; or provided to any other insured. (2) Such inspections, adjustments, test or d. All other insuring agreements, exclusions, and servicing as the vendor has agreed to conditions of the policy apply. make or normally undertakes to make in the usual course of business, in 2. Additional Insured -Broad Form Vendors connection with the distribution or sale Under SECTION II — LIABILITY, C. Who Is An of the products. Insured, paragraph 5. is added as follows: This insurance does not apply to any insured 5. Any person or organization with whom you person or organization, from whom you have agreed, because of a written contract or acquired such products, or any ingredient, part written agreement to provide insurance, but or container, entering into, accompanying or only with respect to "bodily injury" or "property containing such products. damage" arising out of "your products" which 3. Alienated Premises are distributed or sold in the regular course of the vendor's business. Under SECTION II — LIABILITY, B. Exclusions, paragraph 1.k.(2) is replaced in its entirety with the The insurance afforded the vendor does not following: apply to: (2) Premises you sell, give away or abandon, if a. "Bodily injury" or "property damage" for the "property damage" arises out of any part of which the vendor is obligated to pay those premises and occurred from hazards that damages by reason of the assumption of were known by you, or should have reasonably liability in a contract or agreement. This been known by you, at the time the property exclusion does knot apply to liability for was transferred or abandoned. damages that the vendor would have in the absence of the contract or agreement; 4. Bodily Injury Redefined b. Any express warranty unauthorized by Under SECTION II — LIABILITY, F. Liability and you; Medical Expenses Definitions, definition 4. is replaced in its entirety by the following: c. Any physical or chemical change in the product made intentionally by the vendor; 4. "Bodily injury" means bodily injury, disability, sickness or disease sustained by a person, d. Repackaging, unless unpacked solely for including death resulting from any of these at the purpose of inspection, demonstration, any time. "Bodily Injury" includes mental testing, or the substitution of parts under anguish or other mental injury resulting from instruction from the manufacturer, and "bodily injury". then repackaged in the original container; 5. Broad Form Property Damage — Borrowed e. Any failure to make such inspection, Equipment, Customers Goods, Use of adjustments, tests or servicing as the Elevators vendor has agreed to make or normally undertakes to make in the usual course of 391.1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 6 a. Under SECTION II — LIABILITY, B. a. Under SECTION II — LIABILITY, B. Exclusions, paragraph 1.k., the following is Exclusions, Paragraph 1. o. is replaced in its added: entirety by the following: Paragraph (4) does not apply to "property o. Recall of Products, Work or Impaired damage" to borrowed equipment while at a Property j jobsite and not being used to perform Damages claimed for any loss, cost or C operations. expense incurred by you or others for the Paragraph (3), (4) and (6) do not apply to loss of use, withdrawal, recall, inspection, °property damage" to "customers goods" while repair, replacement, adjustment, removal on your premises nor to the use of elevators. or disposal of: b. Under SECTION II — LIABILITY, F. Liability (1) "Your product"; and Medical Expenses Definitions, the (2) "Yourwork"; or following additional definition is added: (3) "Impaired property"; "Customers goods" means property of your customer on your premises for the purpose of If such product, work or property is being: withdrawn or recalled from the market or a. Worked on; or from use by any person or organization because of a known or suspected defect, b. Used in your manufacturing process. deficiency, inadequacy or dangerous c. The insurance afforded under this provision is condition in it, but this exclusion does not excess over any other valid and collectible apply to"product recall expenses" that you property insurance (including deductible) incur for the "covered recall" of "your available to the insured whether primary, product". The exception to the exclusion excess, contingent or on any other basis. does not apply to "product recall expenses" resulting from: 6. Incidental Malpractice — Employed Nurses, EMT's and Paramedics (1) Failure of any products to accomplish Under SECTION II — LIABILITY, C. Who Is An their intended purpose; Insured, paragraph 2.a.(1)(d) does not apply to a (2) Breach of warranties of fitness, nurse, emergency medical technician or quality, durability or performance; paramedic employed by you if you are not (3) Loss of customer approval, or any engaged in the business or occupation of cost incurred to regain customer providing medical, paramedical, surgical, dental, x- approval; ray or nursing services. (4) Redistribution or replacement of"your 7. Personal and Advertising Injury—Broad Farm product" which has been recalled by Under SECTION II — LIABILITY, F. Liability and like products or substitutes; Medical Expenses Definitions, definition 15, (6) Caprice or whim of the insured; "Personal and Advertising Injury", paragraph h. is (6) A condition likely to cause loss of added as follows: which any insured knew or had h. Discrimination or humiliation (unless insurance reason to know at the inception of thereof is prohibited by law) that results in this insurance; injury to the feelings or reputation of a natural (7) Asbestos, including loss, damage or person, but only if such discrimination or clean up resulting from asbestos or humiliation is: asbestos containing materials; or (1) Not done intentionally by or at the direction (8) Recall of"your products"that have no of: known or suspected defect solely (a) The insured; or because a known or suspected (b) Any officer of the corporation, director, defect in another of "your products" stockholder, partner or member of the has been found. insured; and b. Under SECTION II — LIABILITY, C. Who (2) Not directly or indirectly related to an Is An Insured, paragraph 4.c. is added as "employee", nor to the employment, follows: prospective employment or termination of c. "Bodily injury" or "property damage" any person or persons by an insured, do not apply to "product recall 8. Product Recall Expense expense"arising out of any withdrawal 391-1006 06 09 Includes copyrighted material of Insurance services Office, Inc. Page 3 of 5 or recall that occurred before you (5) Expenses incurred by acquired or formed the organization. "employees' including c. Under SECTION II — LIABILITY, E. transportation and Liability and Medical Expense General accommodations; Conditions, 2. Duties in the Event of (6) Expenses to rent additional Occurrence, Offense, Claim or Suit, warehouse or storage space; paragraph e. is added as follows: (7) Disposal of "your product", but e. You must see to it that the following only to the extent that specific are done in the event of an actual or methods of destruction other than anticipated "covered recall" that may those employed for trash result in"product recall expense": discarding or disposal are (1) Give us prompt notice of any required to avoid "bodily injury" or discovery or notification that "your "property damage" as a result of product" must be withdrawn or such disposal, recalled. Include a description of you incur exclusively for the purpose "your product" and the reason for of recalling"your product"'; and the withdrawal or recall; b. Your lost profit resulting from such (2) Cease any further release, "covered recall". shipment, consignment or any e. Under SECTION 11 — LIABILITY, D. other method of distribution of like Liability and Medical Expenses Limits or similar products until it has of Insurance,the following is added: been determined that all such products are free from defects that 5. The Limits of Insurance and rules could be a cause of loss under stated below fix the most that we will this insurance. pay under this Product Recall d. Under SECTION II — LIABILITY, F. Expense Coverage. Liability and Medical Expenses (1) The Aggregate Limit is the most Definitions, the following additional that we will reimburse you for the definitions are added: sum of all "product recall "Covered recall" means a recall made expenses" incurred for all "product recall expenses" initiated during necessary because you or a government the policy period. body has determined that a known or suspected defect, deficiency, inadequacy, (2) The Occurrence Limit shown on or dangerous condition in "your product" the Summary of Coverages is the has resulted or will result in "bodily injury" most we will pay in connection or"property damage". with any one defect or deficiency. (a) All "product recall expenses" "Product recall expense(s)" means: in connection with a. Necessary and reasonable expenses substantially .the same for: general harmful condition will be deemed to arise out (1) Communications, including radio of the same defect or or television announcements or deficiency and considered printed advertisements including one"occurrence". stationary, envelopes and postage; (b) Any amount reimbursed for 2 Shipping the recalled products "product recall expenses" in ( ) pp 9 P connection with any one from any purchaser, distributor or "occurrence" will reduce the user to the place or places amount of the Aggregate designated by you; Limit available for (3) Remuneration paid to your regular reimbursement of "product "employees" for necessary recall expenses" in overtime; connection with any other (4) Hiring additional persons, other defect or deficiency. than your regular"employees"; (c) If the Aggregate Limit has been reduced by 391.1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 reimbursement of "product recall expenses' to an amount that is less than the Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of"product recall expenses" in connection with any other defect or deficiency. 6. A deductible of$500 applies per each "Occurrence". 9. Unintentional Failure to Disclose Hazards Under SECTION II — LIABILITY, E. Liability and Medical Expenses General Conditions, paragraph 6. is added as follows: 6. Representations We will not disclaim coverage under this Coverage Form if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. 10. Unintentional Failure to Notify Under SECTION II — LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit, paragraph f. is added as follows: f. Your rights afforded under this Coverage Form shall not be prejudiced if you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the "bodily injury" or "property damage" is not covered under this Policy. 391-1 006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 5 REQUEST FOR MAYOR'S SIGNATURE r, Routing Information: ;(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director Originator: Tracey Church Phone (Originator): Date Sent: 8J9/16 Date Required; 8/10/16 Return Signed Document to: Contract Termination Date: Jalene King 8/31/2021 VENDOR NAME: Date Finance Notified: Kent Hill LLC (Only required on contracts 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: G Date Risk Manager Notified: 7/19/1 V (Required on Non-City Standard Contracts A reements Has this Document been Specificall Account Number: 10002331.64520.3300 Authorized in the Budget? ® YES NO Brief Explanation of Document: Kent East Hill Police Substation Lease ' AU Contracts qR rough The Law Department IG MMII rea to be completed by tt}e Law Department) Received: + x Approval of Law Dept.: f :u_ 4 Law Dept. Comments: Date Forwarded toMayor: r Shad e s To Be Completed Byldipinistration Staff Received: Recommendations and Comments:' G Disposition: osttioil; 0 F`1 Date Returned: P CrnAl r z ocument r zng egcu r.ryw gne re yi