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Home My WebLink AboutL11-082 - Amendment - #1 - Kent Pool Sub-Lease Agreement - 05/25/2012 ge rn Records Mand .. ... ... ent,, KENT 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: Aquatic Management Group Vendor Dumber: JD Edwards Number Contract Number: 0�-: - -" This is assigned by City Clerk's Office Project Dame: Kent Pool Sublease Agreement Addendum No. Two Description: ❑ Tnterlocal Agreement ❑ Change Order Amendment ❑ Contract ❑ Other: Contract Effective Date: 5/25/12 Termination Bate: 5/25/13 Contract Renewal Notice (Gays): 60 Number of days required notice for termination or renewal or amendment Contract Manager: Teri Petrole Department: Parks Administration. Detail: (i.e. address, location, parcel number, tax id, etc.): Addendum #2 Sublease Agreement for Kent Pool S:Fub9ic\RecordsNtanagement\Fauns\Ccntr-aetCover\adcc7832 r 1 1/08 CITY CLERK KEN CITY OF KENT T WASH I"G,OH 220 41" Avenue South Kent, WA 9,8032 Fax: 253-856-6725 PHONE: 253-856-5725 Lease Agreement Cover Sheet This document is to be used in lieu of the Contract Cover Sheet SECTION I - CONTRACT PROCESSING AND TENANT SET-UP: Contract Number: --L 07 V� �T 00"I. 1. Responsible Department/Division: Parks and Recreation Dept Admin 2. Contact Person and Title: Phung Huynh, Accountant Telephone Extension: 5102 3. Tenant (Customer) Name: Aquatic Management Group Inc. 4. Tenant (Customer) Number: 160465 5. General Ledger Account Number: 10006221.56250 6. King County Tax Parcel Number: 202205-9066 7. Address of Parcel: 25316 101" Ave SE Kent, WA 8. Type of Lease: Sub-Lease (Operating Agreement) Addendum No, 2 9. Council Authorization Date: 5/11/2011 10. Mayor Signature Date: 5/27/2011 SECTION 2 - LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: 5/26/2012 with annual Amendments 12. Tenant Lease Option Renewal Notification Due Date: Annual 13. Lease Termination Date: 5/25/2013 14. Lease Duration: Annual SECTION 3 - RENT DETERMINATION AND DUE DATE: 15. Rent: 1.010/year at Fair Market Value per 5/13/11 Appraisal 16. Rent Due Date: Annual 17. Calculation of Rental Increase( ): N/A Lease Agreement Cover Sheet—Page 1 of 2 SECTION 4 - LEASEHOLD EXCISE TAX: 18. Is this lease subject to leasehold excise taxes? ® YES (go to Question 19) ❑ NO, reason: 19. Are leasehold excise taxes for this tenant centrally assessed, i.e. directly collected from the tenant by the Washington State Department of Revenue? ❑ YES (attach written verification received directly from DOR or indirectly through the tenant, e.g. DOR notification letter) ® NO (go to Question 20) 20. Does Lease Rent include Leasehold Excise Tax? (Leasehold taxes must be broken out on the invoice and coded: Business unit.32500.0303) ❑ YES Calculate the leasehold excise tax (Stated Rent divided by 1.1284) ® NO Calculate the leasehold excise tax (Stated Rent times .1284) SECTION 5 - APPLICABLITY OF UTILITIES: 21. Applicability of Utilities - Check all that utilities that are affected and indicate provider (e.g. City of Kent), Account Number or basis of exclusion. ® Does Not Apply ❑ Water: ❑ Sewer: ❑ Drainage: ❑ Garbage: ❑ Electricity/Natural Gas: SECTION 6 - MONETARY PENALTIES AND LATE INTEREST CHARGES: 22. Monetary Penalties: N/A 23. Late Interest: N/A SECTION 7 - OTHER LEASE CONSIDERATIONS: Special lease considerations, e.g. non-monetary rent, etc ® None (check box if no considerations) Lease Agreement Cover Sheet—Page 2 of 2 • KENOT W A i N I N G T O n NAME OF CONSULTANT OR VENDOR: Aquatic Management Group (AMG) CONTRACT NAME & PROJECT NUMBER: Kent Pool ORIGINAL AGREEMENT DATE: May 26,2Q11 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not Inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: As set in the terms of the agreement dated March 26, 2011, the current sublease agreement with AMG is schedueld to expire on May 25, 2012. This Change Order will extend the agreement to May 25, 2013. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $$951000.00 including applicable WSST Net Change by Previous Amendments $-0- including applicable WSST Current Contract Amount $95,000.00 including all previous amendments Current Amendment Sum $-0- Applicable WSST Tax on this $-0- Amendment Revised Contract Sum $95,000.00 AMENDMENT - 1 OF 2 Original Time, for Completion 5/25/2012 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required ( ) for this 365 calendar days Amendment Revised Time for Completion 5/25/2013 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by sinning below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of penury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN 'FITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Its Its (title) (title) DATE: DATE: APPROVED AS TO FORM: (applicable if Mayors signature required) Dent Law Department Kent PooG Sub Lease Agreement T1 me Extension AMENDMENT - 2 OF 2 w Original Time for Completion 5/25/2012 (insert date) Devised Time for Completion under n/a prior Amendments (insert date) Add'i mays Required (±) for this 365 calendar days Amendment Revised Time for Completion 5/25/'2013 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty previsions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), ,and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date writte"elow. &F,, 0 w y. a- By: signature) c^ (signature) Pr ntm amew L(z r- h Print dame: J �a"J'"Wkwd Its Its CCD (titre) (title) DATE: i° " "_ ;� DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Kent Pool Sub Lease Agreement Time Extension AMENDMENT - 2 OF 2 Original Time 'Completion 5/25/2y- 2 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 5/25/2013 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: 1 Nc, CITY OF KENT: By: �Pir,� i� By: (signature) (signature) Print Name: 5t-4,d N',/r 4)9'0,h) Print Name: Its G60 Its (title) (title) DATE: sZS s- DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Kent Pool Sub Lease Agreement Time Extension AMENDMENT — 2 OF 2