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Home My WebLink AboutPD11-160 - Amendment - #3 - PWRP Kent LLC - Panther Lake Police Substation - 05/05/2020 Agreement Routing Form • For Approvals,Signatures and Records Management KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. WASHINGTON (Print on pink or cherry colored paper) Originator: Department: Jalene King Police Date Sent: Date Required: > 5/6/2020 0 Authorized to Sign: Date of Council Approval: Q 0 Director or Designee ❑ Mayor Budget Account Number: Grant? ❑Yes ❑ No 10002331.64520.3300 Budget? 0 Yes ❑ No Type: Vendor Name: Category: PWRP - Kent LLC License Vendor Number: Sub-Category: 1189033 Amendment 0 Project Name: Third Amendment to Shopping Center License E W. = Project Details:Panther Lake Substation c a Agreement Amount: $Q 800 Basis for Selection of Contractor: I- Start Date: 6/1/2020 Termination Date: 5/31/2021 Q Local Business? 0 Yes ❑ No* *If meets requirements per KCC 3.70.700,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Notice required prior to disclosure? Contract Number: ❑Yes ❑ No PD11-160 Date Received by City Attorney: Comments: p1 C n 30 a, •� i � 3 � 40 f0 p� Date Routed to the Mayor's Office: V1 Date Routed to the City Clerk's Office: adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements THIRD AMENDMENT TO SHOPPING CENTER LICENSE AGREEMENT Ititf}-►� THIS THIRD AMENDMENT TO SHOPPING CENTS [CENTE AGREEMENT (this "Third Amendment") is entered into as of the�day of ' , 2020 (the "Effective Date"), by and between PWRP—KENT LLC, a Delaware limited liability company, successor-in-interest to PK I Panther Lake LLC ("Licensor") and KENT POLICE DEPARTMENT ("Licensee"). WITNESSETH; WHEREAS, Licensor and Licensee have entered into a License Agreement dated as of March 18, 2011, as amended by First Amendment to Shopping Center License Agreement dated as March 18, 2014, and as modified by a Second Amendment to Shopping Center License Agreement dated September 19, 2017 (as hereinafter collectively referred to as the "License Agreement "), whereby Licensor licensed to Licensee those certain Licensed Premises known as space A2 located in the Shopping Center commonly known as Panther Lake located in Kent, Washington ("Shopping Center") as more particularly described in the License Agreement, and WHEREAS, The License Agreement will expire on May 31, 2020; and WHEREAS, Licensor and Licensee have agreed to extend the term of the License Agreement for an additional one (1) year from June 1, 2020 to and including May 31, 2021 on the terms set forth below. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree that,the License Agreement is hereby modified as follows: I. DEFINED TERMS. Unless specifically defined herein, all capitalized terms used in this Amendment shall have the same meaning as the capitalized terms in the License Agreement. 2. EXTENSION OF THE TERM. Effective as of June 1, 2020 (the "Renewal Date"),the License Term of the License Agreement is hereby extended for an additional period of one (1)year from June 1, 2020 to and including May 31, 2021 (the"Third Expiration Date"); the period from the Renewal Date through the Third Expiration Date, the "Renewal Term"), unless the License Agreement is sooner terminated or renewed pursuant to the provisions thereof, with such extension to be upon all of the terms, covenants and conditions contained in the License Agreement, except as otherwise set forth in this Third Amendment. Licensee acknowledges that it is currently in possession of the License Premises and that the same has been delivered to Licensee in their current condition, AS-IS, WHERE-IS AND WITH ALL FAULTS, upon the Renewal Date, 3. BASE RENT. During the Renewal Term, Base Rent is as follows: LEASE YEAR ANNUAL BASE MONTHLY RENT INSTALLMENT 6/1/2020-5/31/2021 $9,800.00 $900.00 1 4. EFFECT. Except as expressly modified by this Third Amendment, the License Agreement shall remain unchanged and in full force and effect. 5. NO MODIFICATION OR WAIVER. Except as otherwise expressly set forth herein, nothing in this Third Amendment shall be deemed to waive or modify any of the provisions of the License Agreement. 6. NO OFFER,. Licensor and Licensee hereby agree that Licensee's submission of this Third Amendment to Licensee shall not constitute an offer to amend the License Agreement. This Third Amendment shall be effective only, and is expressly conditioned, upon the execution of this Third Amendment by Licensor and Licensee. 7. BROKERS. Licensor and Licensee each represent to the other that it has not dealt with any broker in connection with this Third Amendment. Licensor and Licensee shall each indemnify, defend and hold the other harmless from and against, all damages (including reasonable attorneys' fees and costs) resulting from any claims that may be asserted against Licensor and Licensee by any broker, finder,or other person with whom the indemnifying party has or purportedly has dealt. 8. COUNTERPARTS. This Third Amendment may be executed in several counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same Third Amendment. 9. SUCCESSORS. The provisions of this Third Amendment shall bind and inure to the benefit of the parties hereto and their respective heirs,representatives, successors and assigns. 10. LICENSEE'S RE:PRESENTATIONS. Licensee represents that it holds the entire licensee interest in the License Agreement and that it has not made any assignment,sublease,transfer, conveyance or other disposition of the Lease or any interest in the License Agreement. 11, ATTORNEYS' FEES. In the event that at any time after the date hereof either Licensor and Licensee shall institute any action or proceeding against the other relating to this Third Amendment,then and in that event, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such action or proceeding. IN WITNESS WHEREOF,the parties hereto have caused this Third Amendment to be executed as of the date first written above. LICENSOR: LICENSEE: PWRP—KENT LLC, KENT POLICE DEPARTMENT a Delaware limited liability company By: x Name: ay erne Name: ,+� A- Titie: Co-President Title: 2