Loading...
HomeMy WebLinkAboutL11-082 - Amendment - #4 - Aquatic Management Group, Inc. - Kent Pool Sub-Lease Agreement - 05/25/2014 4^4� CITY CLERK 1117K1=1 O 4 CITY F KENT KENT C,7 220 41h 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 1 - CONTRACT PROCESSING AND TENANT SET-UP: Contract Number: Q p'I - 0oul 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. 4 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: 5/26/2014 with annual Amendments 12. Tenant Lease Option Renewal Notification Due Date: Annual 13. Lease Termination Date: 5/25/2015 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 Cover Sheet-Fags I 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 • KEN T WASHIHOTON AMENDMENT NO. FOUR NAME OF CONSULTANT OR VENDOR: AAguatic Management Grouo tAMGI CONTRACT NAME & PROJECT NUMBER: Kent Pool ORIGINAL AGREEMENT DATE: May 26. 2011 I 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: Extend the contract date to April 15, 2015. 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 including applicable 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 I i AMENDMENT - 1 OF 2 Original Time for Completion for C.O. 2 5/25/2014 (insert date) Revised Time for Completion under u/a prior Amendments (insert date) Add'I Days Required (t) for this 365 calendar days Amendment Revised Time for Completion 4/15/2015 (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. �f IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: j By: By: si natu}�) (signature) ` Print Name: Pri a e: -� Its Its t (title) (title) DATE: DATE: Tn- APPROVED AS TO FORM: (applicable If Mayor's signature required) Kent Law Department Kent Pool Sub Lease Agreement Time Extenelen AMENDMENT - 2 OF 2 T ® DATE(MMIDDfYYYY) o CERTIFICATE OF LIABILITY INSURANCE 4l17/2014 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(les)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 MANTACT HUB Northwest LLC PHONE 425-489-4500 FAX 425-489 4501 PO Box 3018 E-MAIL .now.info@hubinternational.com Bothell WA 98041 - INSURER S AFFORDING COVERAGE NAIC 0 INSURERA:Great American Ins Group INSURED AMG-001 INSURER B: Aquatic Mgmt Group Inc. INSURERC: Ken Spencer INSURERD: PO Box 129 Kent WA 98035-0129 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:369738112 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 ADDLISB POLICY EFF POLICY EXP LTR INSO NAND POLICY NUMBER MMIOD MMID LIMITS A X COMMERCIAL GENERAL LIABILITY GLP0686137 /15/2014 /15/2016 EACH OCCURRENCE $1,000,000 CLAIMS-MADE ❑X TED OCCUR P S S Eaoccurrence)TOREN $300,000 MED EXP(Arty oneperson) $10,000 PERSONAL&ADV INJURY $1.000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $3,000,000 X POLICY❑ PRO- JECT LOC PRODUCTS-COMPIOPAGO $3.000.000 OTHER: $ AUTOMOBILE LIABILITY Ea accident $ ANY AUTO BODILY INJURY(Per person) $ ALL WNED SCHEDULED B001Y INJURY(Peraaldent) $ AUTNON-OWNEDAUTOS $ HIRED AUTOS AUTOS Per accident A X UMBREL.LA LIAB X OCCUR UMB0686138 411612014 /15/2015 EACH OCCURRENCE 54,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS UABILITY PTATUT ER ANY PROPRIETORIPARTNERIEXECUTIVE Y❑ NIA E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDE07 (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If mom space Is required) CERTIFICATE HOLDER IS AN ADDITIONAL INSURED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave South Kent WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD