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HomeMy WebLinkAboutLAG2019-008 - Original - New Connections - 422 West Titus Street - 08/01/2019 Agreement Routing Form KENT For Approvals, Signatures and Records Management Director initial47� ��� WASHINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. J if (Print on pink or cherry colored paper) Manager initials Originator: Nancy Clary Department: Pa rks Date Sent: 10/14/19 Date Required: 10/21/19 R > Authorized Director Date of a. to Sign: Council 07/02/19 aMayor Approval: Budget 54006900.32500.0303 Grant? Yes ❑✓ No Account Number: Type: N/A Vendor y Category: Lease Name: New Connections of South King Count g y = Vendor Customer Number 228006 Sub-Category 0 Number: M Project E Name: New Connections of South King County Lease Ageement for City-owned Property 0 CProject Lease Agreement for City-owned property at 422 West Titus,Kent 98032.New Connections provides programs to assist Individuals who have been or are In the criminal justice system.They _ are committed to the reduction of the recidivism rate in Kent.In lieu of monetary rent,they pay a monthly Leasehold Excise Tax,as well as pay all costs associated with maintenance& Details: operation of the leased premises.They will also submit an annual Performa form outlining their yearly accomplishments. r. Agreement $267.30 Basis for E Amount: Selection of Direct Negotiation L Contractor: Start Date: _ -�J�� Termination Date: 07/31/22024 Notice required prior to Yes No Contract Number: L (crap�g—D O disclosure? Date Received Ct1VED Comments: RE .M 0 0 a LAW y KENT t.n J PT. 4EC �V 0 Date Routed to the Mayor's Office: a Date Routed to the City Clerk's Office: ell -711-'j e lzeaf A/ 1 44,4, l City of Kent Date Sent to Originator: ce of the May-or Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 CITY CLERK KEN T111Z CITY OF KENT w A 5 H I N G T o N 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: (to be completed by Clerk's Office) 1. Responsible Department/Division: Parks/Facilities 2. Contact Person and Title: Alex Ackley Telephone Extension: 5081 3. Tenant (Customer) Name: New Connections 4. Tenant (Customer) Number: 228006 5. General Ledger Account Number: 54006900.32500.0303 (Leasehold Excise Tax Only Invoiced) 6. King County Tax Parcel Number: 982570-0775 7. Address of Parcel: 422 West Titus Street, Kent 8. Type of Lease: Rental Agreement - Commercial Building Rental 9. Council Authorization Date: 07/02/2019 10. Mayor Signature Date: SECTION 2 - LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: August 1, 2019 12. Tenant Lease Option Renewal Notification Due Date: N/A 13. Lease Termination Date: July 31, 2024 14. Lease Duration: August 1, 2019 through July 31, 2024. No option to extend lease term. SECTION 3 - RENT DETERMINATION AND DUE DATE: 15.Rent: Tenant shall pay Leasehold Excise Tax only amount of $267.30, no monetary rent. In lieu of monetary rent, tenant to pay all costs associated with Lease Agreement Cover Sheet—Page 1 of 3 or arising out of the maintenance and operation of the leased premises, as well as submit Performa form stating their accomplishments for current year (outlined in Exhibit B to the Rental Agreement). An estimated fair market value rental at $2,349.00 per month has been established. 16. Rent Due Date: 1st of the Month (Leasehold Excise Tax Only) 17. Calculation of Rental Increase(s): N/A - No increases within the term of the Rental Agreement except with respect impact of potential changes in fair market value of rental on leasehold excise tax. 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: City of Kent Acct #621-00516.05 ® Sewer: City of Kent Acct #621-00516.05 ® Drainage: City of Kent Acct #621-00516.05 ® Garbage: Allied Waste ® Electricity/Natural Gas: Puget Sound Energy SECTION 6 - MONETARY PENALTIES AND LATE INTEREST CHARGES: Lease Agreement Cover Sheet—Page 2 of 3 22. Monetary Penalties: Late payment charge equal to five percent (5%) of the leasehold excise tax for any payment not paid within five (5) calendar days of when due. 23. Late Interest: Any amounts not paid when due shall bear interest until paid at the rate of one percent (1%) per month. SECTION 7 — OTHER LEASE CONSIDERATIONS: Special lease considerations, e.g. non-monetary rent, etc This is a non-monetary lease rental. Leasehold excise tax is calculated based on the estimated fair market value of the property and is billed to the tenant. ❑ None (check box if no considerations) Lease Agreement Cover Sheet—Page 3 of 3 Kent City Council City Council Regular Meeting July 2, 2019 Minutes Kent, Washington C. Professional Services Agreement with Wood Environment and Infrastructure Solutions, Inc. for Services in Connection with the South 224th Street Project - Authorize MOTION: Authorize the Mayor to sign a Professional Services Agreement with Wood Environment and Infrastructure Solutions, Inc. in an amount not to exceed $200,000. for expert environmental consulting services, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. D. Consultant Services Agreement for Transportation Master Plan Phase II with Fehr & Peers, Inc. MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Fehr & Peers in an amount not to exceed $365,000, to provide consultant services for the Transportation Master Plan Phase II, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Consultant Services Agreement for the South 228th Street UPRR Grade Separation Bridge and Roadway Phase 5 Project with KBA, Inc - Authorize MOTION: Authorize the Mayor to sign a contract with KBA, Inc. for contract administration, contract management, quality control, and inspection in the amount of $717,000. for the South 228th Union Pacific Railroad Grade Separation Bridge and Roadway project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. F. Grant Agreement with Washington Department of Commerce for Park Improvements at Morrill Meadows Park - Authorize MOTION: Authorize the Mayor to sign a grant award agreement with the Washington Department of Commerce, in the amount of $970,000, for park improvements at Morrill Meadows Park adjacent to the East Hill YMCA, subject to final terms and conditions acceptable to the Parks Director and City Attorney. G. King County Youth and Amateur Sports Grant Agreement for West Fenwick Park - Authorize MOTION: Authorize the Mayor to sign a grant agreement with King County in the amount of $200,000, for the playground at West Fenwick Park, subject to final terms and conditions acceptable to the Parks Director and City Attorney. H. New Connections of South King County Lease Agreement - Authorize _......._................._.............................._....._._....._._....._........_.._...._....._._........_....._......_.._...._....._._....._._....._._.............._.............._._....._._....._........_........_.._._._....._._._.._......_._.......__...._.._._....._._....._........_........_....._.__..._._.._._..._...__......__...__....._......_._._......__.._... Page 9 of 10 Kent City Council City Council Regular Meeting July 2, 2019 Minutes Kent, Washington MOTION: Authorize the Mayor to sign a Lease Agreement with New Connections for the City-owned building located at 422 West Titus Street, subject to final terms and conditions acceptable to the Parks Director and City Attorney. I. Interlocal Agreement with King County Flood Control District for Lower Russell Road Levee - Authorize MOTION: Authorize the Mayor to sign an Interlocal Agreement with the King County Flood Control District for ownership, construction, operation and maintenance of the Lower Russell Levee Project, and authorize the Mayor to take all actions and sign all documents contemplated by the Interlocal Agreement in support of the Project, all subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. Medic One/Emergency Medical Services Levy Resolution - Adopt MOTION: Adopt Resolution No. 1985, repealing Resolution No. 1983 that was adopted on June 4, 2019, and providing for the City of Kent's approval of a ballot proposition to provide stable and long-term funding for the countywide Medic One/Emergency Medical Services system that specifies an initial levy rate of 26.5 cents per one thousand dollars assessed value. 9. OTHER BUSINESS None. 10. BIDS None. 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None. 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Meeting ended at 8:45 p.m. K.i v�Ley A. Kovv�ato City Clerk .................._...._......................._....................._.............._.........._........................._............................................ ........................................................................_......................._......................._._................._..._.....................................__...__.................... Page 10 of 10 LEASE AGREEMENT BETWEEN THE CITY OF KENT AND NEW CONNECTIONS OF SOUTH KING COUNTY THIS LEASE AGREEMENT ("Lease") 3s entered Into by and between the CITY OF KENT, a municipal corporation of the State of Washington ("City"), and New Connections of South King County, a Washington non-profit corporation ("Tenant").. The City and Tenant agree as follows: 1. PREMISES. 1.1 ft&Mj=.DSjMW. The City leases to Tenant and Tenant leases from the City the real property identified as Tax Parcel No. 9825.70-0775 and legally described in Exhlblt A, which Is attached to this Lease and incorporated by this reference, and buildings located at 422 West Titus Street, Kent, Washington (collectively the "Premises" or "Leased Premises"). The City will use the parking lot on the Premises for parking of City vehicles and employee parking. Tenant may use the two (2) parking stalls located behind the building. 1.2 Tenanf is not relying upon and the City s not making any representations about any survey, plat, diagram, and/or legal description provided by the City. 1.3 Insne�. The City makes no representation regarding the condition of the Premises. Tenant Is currently in possession of the Premises under a prior lease agreement. Tenant shall be deemed to have accepted possession of the Premises In "as-is condition." 2. TERM. 2.1 Term Deftmid. The term of this 'Lease shall be for five (5) years, commencing on August 1, 2019 ("Commencement Date") and shall terminate on July 31, 2024, (the "Termination Date"), unless.terminated sooner under the terms of this Lease. 2.2 B19M to Terminate Eady WItboUt CAM City and Tenant each shall have the right to terminate this Lease at any time during the Term upon ninety (90) days' prior written notice of termination to the other party. 2.3 End a .3 Upon the expiration or termination of the Term, as applicable, Tenant shall surrender the Premises to the City in the same or better LEASE AGREEMENT - '1 (2019)' (Between"City of Kent and New Connections of South King County) condition as on the Commencement Date, reasonable wear and tear excepted. Non-permanent appliances, personal property, and trade fixtures belonging to Tenant or Tenant's Invitees shall be removed by the Tenant:at the end of the Term. Any of the aforementioned items remaining at the end of the,Term shall be moved off'of the;Premises by the City at the Tenant's expense. 24 Meld Over. if Tenant remains In possession of the Premises after the Termination Date, 'the occupancy shall not be an extension or renewal of the Term.. The occupancy shall be a math-to-month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party with thirty (30) days' written. notice. The monthly rent during the holdover shall be the same rent that.would be due if the Lease were still in effect and all adjustments in rent were, made in accordance with its terms. If the City provides a notice to vacate the Premises in anticipation of the termination of this Lease or at any time after the Termination Date and Tenant fails to do so within the time set forth in the notice, then Tenant shall be:a trespasser and shall owe the City all amounts due under applicable law. S. LEASE PAYt4ENT. 3.1 ,PAM During the Term hereof, Tenant may occupy the leased premises rent free; in consideration of which Tenant shall: (a) Pay leasehold excise tax at a rate established by the State: of Washington, currently 12,84%, in the amount required by law if Tenant were to pay the monthly rental market rate of $2,349.00. This amounts to a leasehold excise tax of $267.30, which shall be paid on a monthly basis on or before the first 1. day of each month. The leasehold excise'tax shall be mailed to: City of Kent. 220 Fourth Avenue South, Kent, Washington 98032,Attention: Finandal Services; (b) Make all improvements at Tenant's sole expense, as outlined in B; subject to a final inspection and the:approval of the Kent Building Official and the Facilities Superintendent of the Kent Parks,, Recreation and Community Services Department; and (c) Pay all costs associated with. or arising out of' the use, maintenance, and operation of the Leased Premises. 3.2ft ;ip Tenant shall pay City a late payment charge equal to five percent (5%) of the leasehold excise tax :for any payment: not paid within five (5) calendar days of when due. Any amounts not paid when due shall bear Interest until paid at the rate of one percent (1%) per month. 4. OTHER EXPENSES. During the Term, Tenant shall spay the following.additional expenses: LEASE AGREEMENT - 2 (2019) (Between City of Kent and New Connections of South King County) 4.1 Utilities. Tenant shall pay all fees charged for all utilities in.connection with the use and occupancy of the Premises including,but not limited to, electricity, water, sewer, storm and surface water, garbage, gas,: Internet, and telephone service in a timely manner and prior to delinquency. 4.2 MW o ftgme Tenant shall, if required by the City, fur.nish'to the City receipts or other appropriate evidence establishing the payment of any amounts required to be paid under the terms of this:Lease. 4.3 Failure to Pay, If Tenant falls to pay any. of the amounts due under this Lease, the 'City may pay the amount due, and recover its cost from the Tenant. Tenant shall pay City said amounts due within thirty (30) days of written notice from the City. If the City pays or advances any amounts for or on behalf of Tenant,: Including but not limited to leasehold taxes, taxes, assessments, insurance premiums:., costs of removal and disposal of unauthorized materials, costs of removal and disposal of improvements pursuant to Section 6 below, or other amounts not,paid when due, Tenant shall reimburse the City for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1%) per month from the date the City notifies Tenant of the payment or advance-. 5. USE. 5.1 Permitted Use. Tenant shall use the Leased Premises to provide counseling and coordinated assistance to inmates who want to rajoin the community as productive members, and all uses incidental thereto, and for no other purpose without first obtaining the City's prior written consent. The inmates being served have been released from the Maleng Regional Justice: Center in Kent and other local area correctional facilities. 5.2 f h, Use. Tenant shall not cause or permit' any damage to . ......... 111 natural resources on the Premises. Tenant covenants and agrees that Hazardous Substances, as defined In Section 5.5, will not be used, stored, generated, processed, transported, handled, released, or disposed of in, on, under, or above the Premises, except In accordance with all applicable laws. Tenant shall also not cause or permit any filling activity to occur on the Premises. This prohibition includes any deposit of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Premises. Tenant shall neither :commit nor allow waste to be committed' 'to or on the Premises. If' Tenant falls to comply with all or any of the restrictions on the use of the Premises, the City shall notify Tenant and provide Tenant a reasonable time to take all steps necessary to remedy the failure. If Tenant fails to do so In a timely manner, then the City may take any steps reasonably necessary to remedy this failure. Upon demand by the City,'Tenant shall pay all costs of such remedial action,including but LEASE AGREEMENT - 3 (2019) (Between 'City of Kent and New Connections Iof South King County) not limited to the costs of removing and disposing of any material deposited improperly on the Premises. The covenants contained herein shall. survive expiration or termination of this Lease., 53 Tenant shall, at all Imes, keep::current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Premises. S.4 Tenant shall keep the Premises free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Premises. Should a lien be recorded against the Premises arising from actions by the Tenant, Tenant shall have thirty (30):days altar written notice by City to remove the lien. Substance. "Hazardous Substance" means any: substance that now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance,; rule, regulation, or other law relating to human health, environmental protection, contamination or cleanup, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.-S.C. 9601 and Washington's Model Toxics Control Act, RCW 70.105D.010. 5.6 Miscellaneous. Tenant shall maintain smoke detection devices and carbon monoxide detectors in accordance with the manufacturer's recommendations, including the replacement of batteries as required for the proper operation of the smoke detection device and, carbon monoxide detectors: Tenant shall properly dispose of all rubbish, garbage, and other organic or flammable waste In a clean and sanitary manner at reasonable and regular intervals, and Tenant shall assume all costs of extermination and fumigation for any Infestation. 5.7 Perfbrma. Tenant will provide the performs information, as outlined in Exhibit B, to the City each year that this lease remains in effect. The information must be received annually by the anniversary of the Commencement Date. 6. IM'PROVE1i1ENTS. 6.1 - Tenant shall be responsible for all of Tenant's improvements to the Premises. So long as this Lease remains'ln effect, Tenant shall retain ownership of all authorized Tenant' 'Improvements and trade fixtures It may place on the Premises {collectively "Tenant-Owned Improvements"). Tenant-Owned Improvements shall not include any construction, reconstruction, alteration, or addition to the Premises by the City or any unauthorized Improvements as defined in Subsection 6.4 below. No Tenant-Owned Improvements shall be placed on the Premises without the City's prior written LEASE AGREEMENT - 4 (2019) (Between City of Kent.and New Connections of South King County consent. 6.2 Construction. Prior to any construction, alteration, replacement, removal or major repair of any Improvements (whether City-Owned or Tenant Owned), Tenant shall submit to the City :its plans that! describe the proposed activity. Tl a City shall have fifteen (15) days In which to review.the proposed plans. The plans shall be deemed approved and the requirement for the City's written consent shall be treated as waived, unless the City notifies Tenant otherwise within the fifteen (15) days. The Citys consent and.approval shalt not be required for any routine maintenance or repair of improvements made by the Tenant pursuant to its obligation to .maintain the Premises In good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any Improvements on the Premises. Any Improvements shall' be done in: conformity with the Uniform Building Code and City of Kent regulations. Alt work performed shall be done In a workmanlike manner. The provisions of this section do not relieve Tenant of fulfilling any permit requirements that may apply to the proposed activity. 6.3 Removal. `Tenant-owned Improvements shall be removed by Tenant by the Termination Date, so long as such removal does not damage the Premises and the :Premises are restored to its original condition or better. If the Tenant- Owned Improvements remain on the Premises after the Termination Date.. they shall become the property of the City without payment by the City. Any Tenant- Owned Improvements remaining on the Premises at the end of the terra; that the City deems need to be removed shall be removed by the City at. the Tenant`s expense. 6.4 "ffiftlWftd IM9MIxemark.. 'Improvements made on the 'Premises without the City's prior consent pursuant to Subsection 6.2 or that are not. in conformance with the ;plans submitted to and approved. by the City ("Unauthorized Improvements"') shall immediately become the property of the City, unless the City elects otherwise. Regardless of ownership of Unauthorized Improvements, the City may, at Its option, require Tenant to sever, remove, and dispose of them. If Tenant fails to remove an Unauthorized improvement upon request, the City may remove It and charge Tenant for the cost of removal and disposal. 7. ASSIGNMENT AND SUBLETTING. 7.1 Qtj Consent Reaul Tenant, shall not sell, 'convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Tenant's Interest in this Lease or the 'Premises without the City's prior written consent, In the event of such consent, each permitted' transferee :shall assume all obligations under this Lease. No assignment, sublet, or 'transfer shall release, dischar9e,: or otherwise affect the liability of Tenant. 742 If Tenant is a corporation, a dissolution of the LEASE AGREEMENT - 5 (2019) (Between City of Kent and New Connections of South King County) corporation or a transfer (by one or more transactions) of'a majority of the voting stock of Tenant shall be deemed to be an assignment of this Lease. If Tenant is a partnership, a dissolution of the partnership or a transfer (by one or more transactions) of the controlling Interest in"Tenant shah be deemed an assignment of this Lease. 7.3 The acceptance by the City of consideration following an assignment or other transfer shall not constitute consent to any assignment or transfer. SO INDEMNITY. 8.1 The City shall not be liable for any Injury to any person or for any loss of or damage to any property (including property of Tenant or Tenant's invitees) occurring on or about the Premises and caused by or resulting from any act or omission by Tenant, invitee, officer, agent, employee, guest, invitee, or visitor of Tenant or Tenant's invitees, and Tenant agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, .now are, or shall be duly elected or appointed officials or members or employees or agents of the City, against and from any loss, damage, costs, charge, expense,, liability, claim, demand, or judgments of whatsoever hind or nature whether to persons or: property, to the extent arising on said 'Premises or on any areas adjoining the :Premises that is under the control or use of Tenant pursuant to this Lease and arising out of or in connection with Tenant's use and occupancy of the Premises, Including all legal costs and attorney fees, 'arising out of or in connection with this Lease, except for that portion of injuries and damages caused solely by the City's. negligence. 8.2 Should a court of competent jurlsdiction determine that thins Lease is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily :injury to persons or damages to property caused by Or resulting from the concurrent negligence of Tenant and the City, its officers, officials, employees, and volunteers, the Tenant's liability hereunder shall be only to the extent of the Tenant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN 'CONSTITUTES THE 'TENANT'S WAIVER OF IMMUNITY UNDER D,,,,��3. �11Mi MoT '� 5.21 i SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually negotiated by the parties. 8.3 The provisions of this Section :8 shall survive the expiration or termination of this Lease. 9. INSURANCE. LEASE AGREEMENT - 6 (2039) (Between City of Kent and New Connections of South King County) Tenant agrees to comply with the Insurance requirements of Exhibit'Cat all times during the term of this Lease. 10. MAINTENANCE AND REPAIR. :10.1 The City shall not be required to make any alterations, maintenance, replacements, or repairs In,,on, or about the Premises, or any part of the Premises, during the term of this Lease. 10.2 (a) Tenant shall, at Its sole cost and expense, keep and maintain; the Premises, including the grounds, parking lot, and all Improvements In good: order and repair, in a clean, attractive, and safe condition. (a) Tenant shall, at Its sole cost and expense, :make any and all additions, repairs, alterations, maintenance, replacements, or changes to :the Premises or to any imiprovements on the Premises that may be required by any public authority. (c) All additions, repairs, alterations, replacements or changes to the Premises and to any Improvements on the Premises. shall be made in accordance with, and ownership shall be governed by Section 6 above. 11. DAMAGE.OR DESTRUCTION. In the event of any damage to or destruction of the Premises or any improvements, Tenant shall promptly give written notice to the City. In the event of damage or destruction that renders the Premises unfit for Tenant's use, Tenant may terminate this Lease upon thirty (30) dayswritten notice to the City. 12, DEFAUT AND REMEDIES. 12.1 Mild,pf Tenant shall: be in default of this Lease on the occurrence of any of the following: (a) Failure of Tenant to make the Improvements as set forth in Exhibit B; (b) Failure to observe or perform any of the covenants, conditions or provisions of this Lease, where such failure shall continue for a period of thirty (30;) days after written notice from City to cure the default; (c) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; LEASE AGREEMENT - 7 (2019) (Between City of Kent and New Connections of South King C©unty) (d) Failure to comply with any other provision of this Lease, (e) If proceedings are commenced by or against Tenant under, any bankruptcy act or for the appointment of a trustee or receiver of Tenants' property. 12,2 Upon an Event of Defaults.the City, may terminate this Lease with thirty (30) days' written notice to terminate and remove Tenant by summary proceedings or otherwise. The City may also, without terminating this Lease, relet the Premises on any: terms and conditions as the City In its sole discretion may decide are appropriate. If the City elects to reset, rent received by it shall be applied; (1) to the payment of any Indebtedness other than payment due from Tenant to the City; (2) to the payment of, any cost: of such resetting;; and 3) to the payment of the cost of any alterations and repairs to the Premises! Any balance shall be held by the City and applied to Tenant's future payment as It becomes due. Tenant shall be responsible for any deficiency.created by the resetting during any month and shall pay the deficiency monthly. The City's reentry or repossession of the Premises under this subsection shall not be construed as an election to terminate this Lease or cause a forfeiture of rents, payments, or other charges to be paid during the balance of the Term, unless the City gives a written notice of termination to Tenant or termination is decreed. by legal proceedings. The City may at anytime:after resetting elect to'terminate this. Lease'for'the previous Event of Default with ten(10) days` written notice. 13. ENTRY BY THE CITY. The city shall have the right to enter the Premises at any reasonable hour to inspect for compliance with the terms of this Lease upon forty-eight (48) hours notice, unless an emergency exists In which event the City may enter Immediately. 14. NOTICE. Any notices required or permitted :under this Lease may be personally delivered or mailed. by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct In writing from. time to time! The City; City of pent Parks, Recreation and Community Services Attn: Superintendent'of Facilities .220 Fourth Avenue South Kent, Washington 98032 Tenant; New Connections of South King County Attn: Mayene Miller 422 West'Titus'Street Kent, Washington 98032 A notice shall be deemed given and delivered upon ;personal delivery or three (3) days after being mailed as set forth above, whichever Is applicable. LASE AGREEMENT - 8 f2B1.9) (Between City of Kent and New Connections of South King Counfy 15. MISCELLANEOUS. 15.1 Authority. Tenant and the person or persons executing this Lease on behalf of Tenant represent that Tenant is qualified to do business in the State of Washington, that Tenant has full right and authority to enter into this Lease, and that each and every person signing on behalf of Tenant is authorized to do so. 15.2 This Lease shall be binding;upon and inure to the benefit of the parties, their successors and assigns. 15.3 Headings. The headings used In this Lease are for convenience only and in no way define, limit, or extend the scope of this Lease or the Intent of any. provision. 1544 Antire Agreeme The written provisions and terms of this Agreement, together With any Exhibits attached hereto, shall supersede all prior verbal statements of any officer of other representative of the City, and such statements shall not be efirective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents :are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 15.5 waiver. The failure of the City to Insist upon the strict performance of any term, covenant, or:condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Lease. The City's acceptance of a payment shall not be construed to be a waiver of any preceding or existing 'breach other than the failure to pay the particular payment that was accepted. 15.6 . The rights and remedies of the City under this Lease are cumulative and In addition to all other rights and remedies afforded to the City by law or equity or otherwise. 15.7 Ili :of ft..Essence. Time Is of the essence as to each and every provision of this Lease. 15.8 inymildU. If any provision of this Lease shall prove to be invalid, void, or illegal, It shall in no way affect, impair, or Invalidate any other provision of this Lease. 15.9 Qor71WhanmVhb LM� The Lessee agrees to comply with all'federal, state, and municipal laws, rules, and regulations that are now effective or in the LEASE AGREEMENT - 9 (2010 (Between City of Kent and New Connections of South King County) future become applicable to Lessee's :business, equipment, and personnel' engaged In operations covered by this Agreement or accruing out of the performance of those operations. is.10 This Lease shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference :or claim arising from the parties' performance of this Lease:, the exclusive means of resolving that dispute, difference or clalm ishall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree In writing to an alternative dispute resolution process. in any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred to defending or bringing such claim or lawsuit, Including all appeals, In addition to any other recovery or award provided by law; provided,::however, nothing in this paragraph shall be construed to limit the City`s right to indemnification under Section 8 of this Lease. 1S.11 Modification. Any modification of this Lease must be In writing and. signed by a duly authorized representative of the City and Tenant. The City shall' not be bound by any oral representations or statements. 1s,12 SuryLval of Qgd=VU The covenants contained herein survive. the: termination or expiration of the Lease for the 'applicable statute. of limitation periods. 15.13 Signs. Tenant may, at Tenant's sole expense, place eternal signs on the Premises ,provided such signs have been approved In advance by the City, and` provided such signs do not violate any statute or regulations existing during the terms of this Agreement. Tenant shall pay the costs:of removal)of such signs upon termination of the Lease. 15.14 Counteroarts. This Agreement maybe executed In any number of counterparts, each of which shall 'constitute an original, and all of which will together constitute this one Agreement. LEASE AGREEMENT - 10 (2019) (Between City of Kent and New Connections of South King County) THIS AGREERMT requires the signature of all parties and Is executed as;of the date of the last signature below. CITY OF KENT NEW CONNECTIONS OF SOUTH KING COUNTY By, Print Name: _ Print Name. Its; Its Date: Date.- �, _ ►� -�q _ (Notary Acknowkdyements Appear on Next Page) :LEASE AGREEMENT - 11 (2019) (Between City of Kent and New Connections of South King County) STATE OF WASHINGTON ) ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that--'Dana Ralph 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: !O//7/r -Natary Sea!Must,appear Within This Sax- � � ` S WHEREOF, I have hereunto set my hand and official sea] ` ' the da t above written. +�s91Q11", ,h / s , c° +0TA+ A. % oFN�e'?av � NOTARY PUBLIC in and for t e State of Washington, residing at LEASE AGREEMENT - 12 (2019) (Between City of Kent and New Connections of South King County) STATE OF WASHINGTON ) ss• COUNTY OF ICING I certify that I know or have satisfactory evidence that W'0VL6VC.) : d sAld rson Is the person who appeared before. me, an pe acknowledged that (he/she) signed this instrument, on oath stated that :(he/she) was authorized to execute the strunlent and acknowledged it as the c� ✓ of - to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Gated;_(1,�. -Notary Seal Must Appear Within This Box- WHEREOF, I have hereunto set'my hand and official seal the day and st 76vkwritten. • �C • • HQ7AilY • COMM.OWES Ut*- • 12,2021 • ._: .... �'- ••'• •• *�'� ( 1 nature) ' •�YrOFwINS" . ' NOTARY PUBLIC,,in and for the'State '' ►►„ „ "� of Washington, residing at LEASE AGREEMENT - 1 2019 ty) (Between City of Kent and New Connections of South King Coun EXHIBIT A Legal Description: Bloch 12, Lot 7, Yesler's First Addition to the Town of Kent, according to _plat recorded in Volume 5 of Plats, page 64, in Ding:County,.Washington LEASE AGREEMENT- 14 (2019) (Between City of:Kent and New Connections of South King County) EXHIBIT B TENANT IMPROVEMENTS NEW CONNECTIONS OF SOUTH KING COUNTY' 422 West Titus Street General/Routine Maintenance to be. performed.on an on-going basis • Ensure that routine cleaning and custodial work is completed within the Interior of the building • Maintain all electrical and plumbing fixtures in proper working order • Maintain exterior paint, City will select City approved colors' • Provide and maintain smoke detectors and carbon monoxide detectors per Kent City Code • Maintain lighting, bulbs and fixtures • Maintain exit lighting • Maintain Heating & Cooling system, change filters monthly and clean diffuser on a regular basis • Tenant responsible for any damage by clients or employees or tenant: • Maintain windows, clean Inside and out as needed • Tenant responsible for any window breakage • Burglar alarm sole expense of tenant Tenant responsible for all phone and data required Maintain parking !lot • Maintain grounds and landscaping, weeding, mowing and bark • Tenant responsible for pest control of premises • Clean and maintain gutters and downspouts • Quarterly review of plumbing, electrical, structural, fire extinguishers • Professionally clean carpets and inside of Ibuilding annually Per brma As part of the terms of the Lease Agreement (A.Lease"), New Connections of South King County will provide the following information to the City of Dent (Facilities Office) each year of the Lease. The information must be received annually by the Lease annual renewal date. LEASE AGREEMENT - 15 (20I9) (Between City of Kent and New Connections of South King County) EXHIBIT g (Continued) .. ..... .... ......................... .... ... . NUMBER OF INDIVIDUALS WHO BENEFITED FROM THE TYPE OF TRAINING/PROGRAM -11H0 PROVIDED D —SERVICE TRAINING .OGRAM ADDITIONAL O.EI'AILS I NEEDS PROM .:. Clothin Vo chess ., Snack Packs - i rye P s COMMUNITY SERVICE PROGRAM: Office Work Yard Work I H l ........_ DOMESTIC VIOLENCE IMPACT PANEL: .................. Monthl 2 Hour Classes ... DRIVER'S LICENSE/RE-- LIENSLNG DOL&DUI COURTS &TICKETS _. INSURANCE COMPANIES/CREDIT W:.RK WERIENC€ PROGRAM: ......... PARTNERSHIP WITH CAREER 'PATHS JAI '.:PRISON PROGRAM:::' ...... KENT CITY 3AIL ... CORE ANGER MANAGEMENT LASSES AT TH N PARENTING CLASSES AT THE BUILDING HEALTHY LIFESTYLE CLASSES AT THE BUILDING RE-ENTRY PROGRAM FOR -- THOSE RETURNING FROM JAIL PRISON LEASE AGREEMENT - 15 (2019) (Between City of Kent and New Connections of South King.County) I EXHIBIT C INSURANCE REQUIREMENTS FOR STANDARD LEASE Insurance The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of City of Kent facilities. A. Minimum Scope of Insurance Lessee shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Lessee shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. i C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance 1. The Lessee's insurance coverage shall be primary insurance with respect to the City. Any Insurance or self-insurance coverage maintained by the City shall be excess of the Lessee's insurance and shall not contribute with it. 2. The Lessee's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. i EXHIBIT C (Continued) D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. j E. 'Verification of Coverage 'i Lessee shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of I the Lessee. The City shall be named as an Additional Insured on the Amendatory Endorsement provided by the Insurer. I F. Waiver of Subrogation Lessee and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by i property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. ! i G. City's Property Insurance City shall purchase and maintain during the term of the lease, all-risk property insurance covering City of Kent property. i I I i i i i I i I ! i i i ! i AC V CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) `..�� 02/11/2019 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 have ADDITIONAL INSURED provisions or 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 endorsement(s). PRODUCER CONTACT Cindy Slater-Rogers,AINS NAME: Bell Anderson Agency,Inc. A//ONNo Ext: (425)291-5200 A/� No: (425)291-5100 600 SW 39th St,Suite 200 ADDRIESS: cindys@bell-anderson.com INSURER(S)AFFORDING COVERAGE NAIC# Renton WA 98057 INSURER A: p Philadel hia Indemnity Insurance Co. INSURED INSURER B: New Connections Of South King County INSURER C: 422 West Titus INSURER D INSURER E: Kent WA 98032 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1921133283 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 CONTRACTOR 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 AUULbUtSK POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A N D 100,000 CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,000 A PHPK1939537 02/25/2019 02/25/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER. GENERAL AGGREGATE $ 2,000,000 POLICY PRO- LOC 2,000,000 PRODUCTS-COMP/OPAGG $ OTHER: Professional Liability $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED PHPK1939537 02/25/2019 02/25/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED Ix NON-OWNED PROPERTYcdenDAMAGE $ AUTOS ONLY AUTOS ONLY (par. X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE PHUB692820 09/11/2019 02/25/2020 AGGREGATE $ 1,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I I ER A ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA PHPK1939537 02/25/2019 02/25/2020 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is additional insured for general liability,but only if required by written contract or written agreement per the attached endorsement #CG2026 07/04. 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 Fourth Ave S AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988-2015 ACCORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK1939537 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Kent Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III —Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in theDeclarations. insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONAL COVERAGES ition Date Ref# Description Coverage Code Form No. Ed Abuse and Molestation ABUM Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 25,000 50,000 Ref# Description Coverage Code Form No. Edition Date Stopgap STOPG Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,000,000 1,000,000 Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. 7dition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 TDeductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium r # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium FOFADTLCV Copyright 2001,AMS Services,Inc.