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Home My WebLink AboutLAG98-002 - Amendment - #3 - Urban Landmark Corporation (ULC) - Kent Valley Ice Arena Land Lease - 11/10/2016 Records zF x� e I^1'l e�� KENT h„ Document WASHIHCT . t�� y m � 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: Urban Landmark Corporation Vendor Number: 347189 JD Edwards Number Contract Number: NtSVI�, This is assigned by City Clerk's Office Project Name: Land Lease Agreement for Kent Valley Ice Arena Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Addendum Three to Land Lease Agreement Contract Effective Date: 11/1/1998 Termination Date: 10/31/2055 Contract Renewal Notice (Days): N/A Number of days required notice for termination or renewal or amendment Contract Manager: Tom Brubaker Department: Law Contract Amount: Approval Authority: ❑ Department Director ® Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of. 08/27/14 When Recorded Return To: Property Management City of Kent 220 Fourth Avenue South Kent, WA 98032 Document Name: ADDENDVM"I''HREL'TO THE LAND LEASEAGREEMF,A'T FOR KENT VALLEYICEAREA'A Grantor: City of Kent,a Washington municipal corporation Grantee: Urban Landmark Corporation,a Washington corporation Reference No.: 20000419001213 Legal Description: That portion of Section 23.Township 22 North,Range 4 East,W.M.,in King County, Washington, desa ibed as follows: Commencing at the northeast corner of said Section 23:thence Ninth 89°59'15"West along the North line of said section 2001.90 feet to the not corner ol'the Prances Stewait'rract as recorded under Auditor's File No.629612:: thence South 00"39'38"West,33,00 feet along the easterly boundary of said tract to the true point of beginning;thence South 00039'38"West along said easterly boundary of the Frances Stewart'1'ract,351.01 feet to Point"B";thence Ninth 88059'15"West,444.17 feel;thence North 00039'38"East,351.01 feel to Point"A";thence South 88°59'15"East,444.17 feet to the true point of beginning. (Also known as Lot B,City of Kent Lot Line Adjustment#LL2000-5,King County Auditor's File No.20000412001699); SUBJECT TO the following reservations in favor of the City; I The easterly 25.00 feet of the above described properly for the benefit of the City for ingress and egress j and for maintenance ofstorm drainage facilities;and The southerly 14 feet of the above described property to remain unobstructed from the ground to the sky for the benefit of the City fin ingress and egress for public safety purposes with necessary appurtenances. 'TOGETHER WITH a 50 foot non-exclusive casement for ingress, egress and signage described as follows: Beginning at aforementioned point "A'; thence North 8W5915" West, 50.00 feet thence South 00°39'38"West,391.01 feet;thence south 88°5915"East,50.00 feet;thence North 00°39'38"East 381.01 feet to Point"A"and the point of beginning. TOGETHER WITH a 30 foot non-exclusive easement for ingress,egress,storm drainage and utilities to remain unobstructed from the ground to the sky subject to use by the City for ingress and egress for j public safety purposes with necessary appurtenances;described as follows: i Beginning at aforementioned point "B"; thence South 00°39'38" West, 30.00 feet; thence North 88159'15"West,444.17 feet;thence North 00'39'38"East,30.00 feet;thence South 88°59'15"East, 444.17 feet to point`B"and the point of beginning. Assessor's Tax Parcel No.: 232204-9048-08 ♦%*MM%:F�MMM#"M•A••M•M%kM"A'If'X%k,k'M'M M'%%%IFM%:k*%*�V.%%%*h.%%Yi%%%****:F.:e.i'{Y.trt**%***�M****kx,x,$r'%k*:k*%T*k:£%�%%%% 'LI II IZD ADDENDUM TO THE LAND LEASE (N...amhe,2,20lbj AGREEMENT FOR KENT VALLEY ICE ARENA- I of ADDENDUM THREE TO THE LAND LEASE AGREEMENT FOR KENT VALLEY ICE ARENA THIRD ADDENDUM TO TH E LAND LEASE AGREEMENT is made and entered into by and between the CITY OF KENT, a Washington municipal corporation (hereinafter "City"), and THE. URBAN LANDMARK CORPORATION (hereinafter "ULC"), a duly qualified Washington corporation in good standing, with offices located at 6015 South 240'h Street, Kent, Washington 98032. RECITALS WHEREAS, the City and ULC entered into a Land Lease Agreement fully executed by the parties hereto on or about January 7, 1999, and a First Addendum to said Lease, on or about April 24, 2000, and a Second Addendum to said Lease, on or about December 18, 2003, said agreements are incorporated herein by reference and collectively referred to as "Lease Agreement," for ULC's leasing certain property owned by the City for the purpose of building an ice skating arena; and WHEREAS, the City and ULC have agreed to extend the initial term of the Lease by 15 years and to enter into an Ice Contract for the benefit of the City of Kent, for the use of its ShoWare Center facility and currently intended for use by the City's ShoWare Center lessee, THUNDERBIRD HOCKEY ENTERPRISES, LLC, as attached in Exhibit 3-A which amends the Term set forth in the Lease Agreement; NOW THEREFORE,the parties agree as follows: AGREEMENT A. Section 2 of the Lease Agreement is hereby amended to read as follows: THIRD ADDENDUM TO THE LAND LEASE (Nnremher 2.2016) AGRREMENT FOR KENT VALLEY ICE ARENA-2,o-t 2. TERM. The terns of this Lease shall be 57 (fifty-seven) years, unless terminated as provided herein, beginning November 1, 1998 and expiring on October 31, 2055, B. Iee Contract. The City and ULC shall, concurrently with the execution of this Third Addendum, execute the Iee Contract for the benefit of the City of Kent, for the use of its Sho Ware Center facility and currently intended for use by the City's ShoWare Center lessee, the THUNDERBIRD HOCKEY ENTERPRISES, LLC, as attached in Exhibit 3-A C. Remainder of Lease Agreement. Except to the extent amended by this Addendum Three, all terms set forth in the Lease Agreement, and the Addendums One and Two to said Lease Agreement, executed by the parties, shall apply and remain in full force and effect, including but not limited to, the additional lease extension specified in Lease section 4B Building B Option, should that occur. IN WITNESS WIIEREOF, the parties below have executed this Addendum Three to Lease Agreement on the date fully executed below. ULC: CITY: THE URBAN L ND RK CORPORATION CITY OF KENT C� By: I.exi Doner BBy" Suzette Cooke Its: President rl�ts Mayor DATE: Q oy 31 2016 DATE: 4/�� APPROVED AS TO FORM: TO BRU BAKER, City Attorney ATTEST: i{ MhWIleity Clerk THIRD ADDENDUM TO THE LAND ITASF (Nma ib,,2,2016) AGR EF,MENT FOR KENT VALLEY ICE ARENA :,!". STATE OF WASHINGTON ) ss. COIJNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Nokap Seai Must Appear Wilhln This Box- \\\ � Z ESS WHEREOF, I have hereunto set my hand and official seal the day an c� I bjyritten. NOTARY PUBLIC, in and for the State of Washington 4. (P,i,la,,,�u7-t�� .' 2 = residing at �p1gTF OF\N My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF3 ) I hereby certify that I know or have satisfactory evidence that LPiX i ...Dee.- is the person who appeared before me,and said person acknowledged that he sighed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the The Urban Landmark Corporation as its and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal A4esl Appear Wilhin This Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written. \��„�unuirllil� F, g N o rA • NOTARY P B IC, in and for the State of Washington, residing at ChClAP 'r» is S My appointment expires .2-0 e'l/7 �i 0�' ' • '. .-' 'NC' 1 ASH, v THIRD ADDENDUM TO THE LAND LEASE (N vember2,2016J MiRFEMEN'I FOR KENT VALLEY ICE ARENA- I ,i :