HomeMy WebLinkAboutL11-082 - Amendment - #3 - Aquatic Management Group, Inc. - Kent Pool Sub-Lease Agreement - 05/25/2013 4^4��
CITY CLERK
KEN T
CITY OF KENT W A 5 H I N 0 T 0 N 220 4 Avenue South
Kent, WA 98032
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: t' 1)- () 00,
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 101st Ave SE Kent, WA
8. Type of Lease: Sub-Lease (Operating Agreement) Addendum No. 3
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: 5/26/2013 with annual Amendments
12. Tenant Lease Option Renewal Notification Due, Date: Annual
13. Lease Termination Date: 5/25/2014
14. Lease Duration: Annual
SECTION 3 - RENT DETERMINATION AND DUE DATE:
15. Rent: 1.00/year at Fair Market Value per 5/13/11 Appraisal
16. Rent Due Date: Annual
17. Calculation of Rental Increase(s): N/A
Lease Agreement Over 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 S — 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
t
KENT
WASMINGTOI.'
AMENDMENT NO. THREE
to 2011 Kent Pool Sub Lease Agreement
NAME OF CONSULTANT OR VENDOR: Aquatic Management Group (AMG)
CONTRACT NAME & PROJECT NUMBER: Kent Pool
ORIGINAL AGREEMENT DATE: May 26, 2011
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, 2013. This Change Order will extend the agreement to May 25,
2014.
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, $$95,000.00
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 for C.O. 2 5/25/2013
(insert date)
Revised Time for Completion under n/a
prior Amendments
(insert date)
---------------------Add'l Days Required for this 365 calendar days
Amendment
Revised Time for Completion 5/25/2014
(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 pairties below have executed this Amendment, which will
become effective on the last date written below.
..............................
CONSULTANT/VENDOR: CITY OF KENT:
By: C s By:
(signature) (i rater`
f AL��—,K Print Name: P P Na e, elk,
Its �-e
(tit-le) (title)
DATE. DATE:13'
...............
APPROVED AS TO FORM:
(applicable if Mayor's signature required)
Kent Law Department
................
KeM P'001 Stib Lease Agreement Tome Extension
AMENDMENT - 2 OF 2