HomeMy WebLinkAboutLAG2019-007 - Amendment - #1 - Shirley Perkins - Interests Transfered to the Charlie and Shirley Perkins Family Trust and Shirley Perkins Sole Trustee - 05/06/2021FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr
Dir Asst:
DirlDep:
forms.
/u_
.r'zAgreement Routing Form
KENT For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor s Signature and Contract Cover Sheet
(Print on pink or cheny colored paper)
(optional)
WasHtNoroN
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CL
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Originator:
Diana Lazouski
Department:
Parks, Recreation & Community Services
Date Sent:
04/2r/202t
Date Required
ASAP
Authorized to Sign:
Director or Designee Mayor
Date of Council Approval:
oB/20/2Or9
Budget Account Number:
54006900 .64520.58000
Budset?flves[No
Gran "rflNo
Type: N/A
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Vendor Name:
Perkins, Shirley
Category:
Contract
Vendor Number:
2426235
Sub-Category:
Amendment
Project Name: pgy;1inS Lease Agreement-Storage FaCility
ProjectDetails:Amendment to the original contract due to the change of trustee
Original contract incorporated as an Exhibit A'
Agreement Amount: Sa me
srarr Date: 0910112019
Basis for Selection of Contractor: Other
* Memo to Mayor must be attached
rermination Date: 0B/3L/ 2024
Local \6* ifmeetsrequirementsperKCC3.T0.t00,pleasecomplete'VendorPurchase-Local Exceptions"fomonCityspoce.
Business License Verification:nv"tlZrn-ProcessIExempt (KCC s.01.04s)
Notice required prior to disclosure?
Yes
Contract Number:
LAG2019-007
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Comments:
Orig inal Contract Ag reement
Date Received by City Attorney
Date Routed to the Mayor's Office:
Date Routed to the City Clerk's Office:
ad(W22lil-1,20 Visit Documents.KentwA.gov to obtain copies of all agreements
rev.202102"19
4/29/2020
*Ron Lashley requested that we wait for additional review by Parks; approved this version
as final on 5/3/2021.
KENT
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TEASE AGREEIIENT
BETWEEN THE GITY oF KENT 'nA tNe CHARLIE AND S}IIRLEY PERKINS FAI.IILY
TRUST
This First Amendment (hereinafter oFirst Amendment'), to the Lease Agreement,
dated October B, tQit; inereinane, ;Agtuu*ent')'
-regarding
prop.erty- located at 715 w'
smith st. is made and entered into by aio bet*een ctrartie and shidey Perkins Family Trust
(.Landlord'), and the City of Kenl, a Washington municipal cor?oration {'fenant"),
collectively the f Parties").
RECrrAls
A. The Agreement was originally made and entered into by and between the City
and Charlie and ShirleY Perkins.
B. Since entering into the Agreement, it has come to the Parties attention that
the premises subject to the ngt€€me;t is tegatty contro1d by the Ctmrlie and Shirley
perkins Family Trust (-TrustJ, -of which both charlie and shirley Perkins were trustees'
Charlie perkins is now deceased and pursuant to the Trust, Shirley Perkins is now the sole
trustee-
c. The parties enter into this Amendment to formally recognize the proper
ownership and consolidation of control over the Premises in Shirley Perkins, as sole trustee'
who will assume all Landlord responsibilities under the Agreement'
AMENDMENT
NOW THEREFORE, in consideration Of the mutual intent, desire and promises-of the
parties and other ild l"o valuable consideration, the CiW and the-Charlie and Shirley
Perkins Family frus[, through its sole trustee, Shirley Perkins, agree as follows:
1. Interests Tranferred: On the effective date, all interests in the Agreement,
and all responsibilities therein, is transferred to the charlie and Shirley Perkins Family Trust,
inO sni*y perkins, as sole trustee, will assume all interest and responsibilities under the
Agreement.
Z, partv Name: Wherever in the Agreement the names "Chadie and Shirley
perkins,, appear, sucfr term shall be replaced with 'the Charlie and Shidey Perkins Family
Trust."
3. Notices to be sent to: All communications regarding this Agreement shall be
sent to the following contact;
Shirley Perkins
t7817 146fr Avenue SE
Renton, WA 98058
i42s) 226-1953
FIRST AMENDMENTTO LEASE AGREEMENT
(between City of Kent and Shirley Perkins)
FIRST AI|EIIDITIEIIT TO
Pace 1
4. Ratification All acts consistent with the authority of this Amendment and
prior to its effective date are ratified and affirmed and the terms of the Agreement and this
Amendment shall be deemed to have applied.
S. Remaining Provisions. Except as specifically amended bY this Amendment, all
remaining provisions of the Agreement shall remain in full force and effect.
The parties whose names appear below warrant that they are legally authorized to enter
into this Amendrnent.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
APPROVED AS TO FORITI:
Kent Law Depaftment
FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT
(between City of Kent and Nexus Youth & Families)
LANDLORDI
Shirfey Perkins
TE]IAIIT:
Crty of Kent
By By
*Tn&
14-r1--1 I
Print Name
{signaturc}
Ft=na P:lnh
DATE:
(tide)
Page 2
05/06/2021
EXHIBIT A
KENT
CITY CLERK
CITY OF KENT
220 4th Avenue South
Kent, WA 98032
Fax:253-856-6725
PHONET 253-856-5725
wAaHrNorox
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, Facilities Superintendent
Telephone Extension: 5081
3. Tenant (Customer) Name: City of Kent, Landlord: Charlie T. Perkins
4. Tenant (Customer) Number: Landlord Vendor #: L3L243
5. General Ledger Account Number: 54006900.64520.5800
6. King County Tax Parcel Number: 24222O49O9O
7. Address of Parcel: 7LS West Smith Street, Kent, WA 98032
8. Type of Lease: Property Lease Agreement
9. Council Authorization Date: August zOt zOLg
10. Mayor Signature Date:
SECTION 2 . LEASE DURATION AND IMPORTANT DATES:
11. Lease Start Date: 09/0L/20L9
L2. Tenant Lease Option Renewal Notification Due Datel N/A
13. Lease Termination Date; Oel3Ll2024
t4. Lease Durationr 5 Years
SECTION 3 - RENT DETERMINATION AND DUE DATE:
15. Rent: 5,250.00/month for the first two (2) years
16. Rent Due Date: Fifth of each month
L7. Calculation of Rental Increase(s): Increase to $5,407.SO/month for
remaining three (3) years
Lease Agreement Cover Sheet-Page 1 of 2
SECTION 4 - LEASEHOLD EXCISE TAX:
18. Is this tease subject to leasehold excise taxes?
YES (go to Question 19)
X NO, reason:-CitY is Ten
19. Are teasehold 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, €.9. 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
L.t2B4)NO 6alculate the leasehold excise tax (Stated Rent times .L284)
SECTION 5 - APPLICABLITY OF UTILITIES:
2L. Applicability of Utilities - Check all that utilities that are affected and
ind-icate provider (e.9. City of Kent), Account Number or basis of
exclusion.
n Does Not APPIY
X Water: City of Kent Acct # 62O-OL347
X Sewer: City of Kent Acct #62O'Ot'347
X Drainagel City of Kent Acct #62O'OL347
X Garbage: RePublic Services
X Electricity/Natural Gas: Puget Sound Energy
SECTION 6 - MONETARY PENALTIES AND LATE INTEREST CHARGESI
22.
23.
Monetary Penalties; $100 if rent is not received by 15th of month
Late Interest: All delinquent sums not paid within 15 days of due date shall,
at Landlord's option, bear interest at the rate of 8o/o per annum. Interest on all
delinquent amounts shall be calculated from the original due date to the date
of payment.
SECTION 7 - OTHER LEASE CONSIDERATIONS:
Special lease considerations, e.g. non-monetary rent, etc
X None (check box if no considerations)
l
n
n
Lease Agreement Cover Sheet-Page 2 of 2
TEASE AGREEMENT
THIS LEASE is entered into between CHARLIE AND SHIRLEY PERKINS, a married
couple ("Landlord"), whose mailing address is 178t7 146th Avenue SE, Renton, WA 9BO5B, and
THE CITY OF KENT, a Washington municipal corporation ("Tenant"), whose mailing address
is 220 Foufth Avenue South, Kent, Washington 98032.
1. PREMISES
The Landlord hereby lets and leases to Tenant the property located at 715 W. Smith,
Kent, Washington. The area so leased is hereinafter called "the Premises" and is depicted in
Exhibit "A" attached and incorporated by this reference.
The Premises shall be used only for any legal use, and for no other business or purpose
without the prior written consent of Landlord. No act shall be done on or around the Premises
that is unlawful or that will increase the existing rate of insurance on the Premises. Tenant
shall not commit or allow to be committed any waste upon the Premises, or any public or
private nuisance.
2. USE
3. TERM
The Term of this Lease shall commence on September L, 2079 (the "Commencement
Date"), and shall continue for a period of five (5) years. This Term may be extended for one
additional five (5) year period by written agreement between the parties. Except as specifled
elsewhere in this Lease, Landlord represents and warrants to Tenant that the Premises,
including the structural condition of the Premises and the condition of all mechanical, electrical
and other systems on the Premises are in a safe, good and usable condition sufficient to meet
Tenant's intended uses. Prior to the end of the Term, Tenant may terminate this Lease by
giving Landlord twenty (20) days written notice prior to the end of the month. Landlord
may only terminate this Agreement under an Event of Default by Tenant, as provided in this
Lease.
4, RENT
Tenant shall pay Landlord the amount of Five Thousand Two Hundred Fifty and No/100
Dollars ($5,250.00) per month for the first two (2) years of the Lease Term, and shall pay Five
Thousand Four Hundred Seven and 50/100 Dollars ($5,407.50) per month for the remaining
three (3) years of the Lease Term. Tenant shall pay Landlord on or before the first day of each
month during the Lease Term, and will pay for the annual catch basin cleaning, and any other
additional payments due to Landlord (collectively the "Rent") when required under this Lease.
Payments for any partial month at the beginning or end of the Lease Term shall be prorated.
Tenant shall endeavor to pay Landlord under this Lease by the fifth (sth) day of each
month. If any sums payable by Tenant to Landlord under this Lease are not received by the
fifteenth (tSth) day of each month, Tenant shall pay Landlord, at Landlord's option, One
Hundred and No/100 Dollars ($100.00) in addition to the amount due, for the cost of collecting
and handling such late payment. In addition, all delinquent sums payable by Tenant to
Landlord and not paid within fifteen (15) days of the due date shall, at Landlord's option, bear
interest at the rate of eight percent (8olo) per annum. Interest on all delinquent amounts shall
be calculated from the original due date to the date of payment.
LEASE AGREEMENT- Page 1 of 14
(between the Crty of Kent and Perkins)
5. SECURIW DEPOSIT
Landlord acknowledges that Tenant has paid the sum of One Thousand and No/100
Dollars ($1,000.00) to Landlord as a Security Deposit under the prior lease for the Premises
between the parties dated March 28, 2A06, Landlord may commingle the Security Deposit
with its other funds. If Tenant breaches an covenant or condition of this Lease, including but
not limited to the payment of Rent, Landlord may apply all or any part of the Security Deposit
to the payment of any sum in default and any damage suffered by Landlord as a result of
Tenant's breach. In such event, Tenant shall, within five (5) days after written demand
therefore by Landlord, deposit with Landlord the amount so applied. Any payment to Landlord
from the Security Deposit shall not be construed as a payment of liquidated damages for any
default. If Tenant complies with all of the covenants and conditions of this Lease throughout
the Lease Term or any earlier termination as provided for in Section 3, the Security deposit
shall be repaid to Tenant without interest within thirty (30) days after the vacation of the
Premises by Tenant.
6. TAXES
Tenant shall reimburse Landlord for all Taxes applicable to the Premises during the
Lease Term, Landlord shall present to Tenant a copy of a statement showing the amount paid
by Landlord for Taxes, along with satisfactory evidence that payment of Taxes has been made
by Landlord. Tenant shall then reimburse Landlord for Taxes with Tenant's next rent
initallment. If any Taxes paid by Tenant cover any period of time before or after the
expiration of the Teim or any earlier termination as provided for in Section 3, Tenant's share of
those Taxes paid will be prorated to cover only the period of time within the tax fiscal year
during which this Lease was in effect, and Landlord shall promptly reimburse Tenant to the
extent required.
The term "Taxes" shall mean: (i) any form of real estate tax or assessment imposed
on the Premises by any authority, including any city, state or federal government, or any
improvement district, as against any legal or equitable interest of Landlord or Tenant in the
premises or in the real property of which the Premises are a part, or against rent paid for
leasing the Premises; and (ii) any form of personal property tax or assessment imposed on any
personal property, fixtures, furniture, tenant improvements, equipment, inventory, or other
items, and ail replacements, improvements, and additions to them, located on the Premises,
whether owned by Landlord or Tenant. "Taxes" shall include any net income tax imposed on
Landlord for income that Landlord receives under this Lease.
Tenant may contest the amount or validity, in whole or in part, of any Taxes at its sole
expense. Upon the termination of any such proceedings, Tenant shall pay the amount of such
Taxes or part of such Taxes as finally determined, together with any costs, fees, interest
penalties, or other related liabilities. Landlord shall cooperate with Tenant in contesting any
Taxes, provided Landlord incurs no expense or liability in doing so.
7. RE-DEIIVERY
Tenant, at the expiration of the Term, any extension of the Term, or upon any sooner
termination of this tease, will, without notice, quit and deliver up the Premises to the Landlord
peaceably, quietly, and in as good order and condition as the same now are, reasonable use
and wear excepted.
LEASE AGREEMENT _ PAgC 2 Of T4
(between the City of Kent and Perkins)
8. ALTERATIONS
Tenant may make alterations, additions or improvements to the Premises
("Alterations"), with the prior written consent of Landlord, which shall not be unreasonably
withheld. The term "Alterations" shall not include the installation of shelves, moveable
partitions, Tenant's equipment, and trade fixtures that may be performed without damaging
existing improvements or the structural integrity of the Premises, and Landlord's consent shall
not be required for Tenant's installation of those items. Tenant shall complete the Alterations
at Tenant's expense in compliance with all applicable laws and in accordance with plans and
specifications approved by Landlord, and using contractors approved by Landlord. Landlord
shall be deemed the Owner of all Alterations except for those which Landlord requires to be
removed at the end of the Lease Term or any earlier termination of the Lease. Tenant shall
remove all Alterations at the end of the Lease Term or any earlier termination of the Lease
unless Landlord conditioned its consent upon Tenant leaving a specified Alteration at the
Premises, in which case Tenant shall not remove such Alteration. Tenant shall repair any
damages to the Premises caused by the removal of Alterations. If Tenant performs work with
the consent of the Landlord, Tenant agrees to comply with all laws, ordinances, rules, and
regulations of the City, County, and any other authorized public authority.
9. REPAIRSAND MAINTENANCE
The Premises are being leased "as is." Landlord is not obligated to make any repairs to
the Premises, except as described in this Section. Tenant shall, at its sole expense, maintain
the Premises in good condition and promptly make all repairs and replacements, whether
structural or non-structural, necessary to keep the Premises in safe operating condition,
including all utilities and other systems serving the Premises, but excluding the roof,
foundation and exterior walls, which Landlord shall maintain in good condition and repair at
Landlord's expense. Tenant shall not damage any demising wall or disturb the structural
integrity of the Premises and shall promptly repair any damage or injury done to any such
demising walls or structural elements caused by Tenant or its employees, agents, contractors,
or invitees. Tenant shall maintain the landscape in a neat and attractive manner.
Notwithstanding anything in this Section to the contrary, Tenant shall not be responsible for
any repairs to the Premises made necessary by the negligence or willful misconduct of
Landlord or its agents, employees, contractors or invitees therein,
10. ACCESS AND RIGHT OF ENTRY
After reasonable notice from Landlord (except in cases of emergency, where no notice
is required), Tenant shall permit Landlord and its agents, employees and contractors to enter
the Premises at all reasonable times to make repairs, inspections, alterations or improvements.
This Section shall not impose any repair or other obligation upon Landlord not expressly stated
elsewhere in this Lease. After reasonable notice to Tenant, Landlord shall have the right to
enter the Premises for the purpose of showing the Premises to prospective purchasers or
lenders at any time, and to prospective tenants within 180 days prior to the expiration or
sooner termination of the Lease Term, and for posting "for lease" signs within 180 days prior
to the expiration or sooner termination of the Lease Term.
11. SIGNAGE
Tenant shall obtain Landlord's written consent before installing any signs upon the
Premises, which shall not be unreasonably withheld or delayed. Tenant shall install any
approved signage at Tenant's sole expense and in compliance with all applicable laws. Tenant
shall not damage or deface the Premises in installing or removing signage and shall repair any
LEASE AGREEMENT - Page 3 of 14
(between the City of Kent and Perkins)
injury or damage to the Premises caused by such installation or removal.
L2. DESTRUCTIONORCONDEMNATION
a. Damage and Repair. If the Premises are entirely destroyed or partially damaged by
fire or other casuilty, then Tenant may, at its sole option, within fourteen (14) days of
the event causing ihe damage, terminate this Lease by providing Landlord written
notice of termination. If Tenant does not terminate this Lease and if the Premises are
partially damaged but not rendered untenantable, Landlord shall diligently restore the
Fremises. Landlord shall have no obligation to restore the Premises if insurance
proceeds are not available to pay the entire cost of such restoration. If insurance
proceeds are available to Landlord but are not sufficient to pay the entire cost of
restoring the Premises, the Landlord may elect to terminate this Lease and keep the
insurance proceeds, by notifying Tenant within thirty (30) days of the date of such
casualty,
If the premises are entirely destroyed and rendered untenantable, by fire or other
casualty, and if Tenant has not exercised its right to terminate as provided above,
Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore
the Premises to their previous condition.
If Landlord restores the Premises under this Section, Landlord shall proceed with
reasonable diligence to complete the work, and the base monthly rent shall be abated
in the same proportion as the untenantable portion of the Premises bears to the whole
premises, provided that there shall be a rent abatement only if the damage or
destruction of the Premises did not result from, or was not contributed to directly or
indirecily by the act, fault or neglect of Tenant, or Tenant's officers, contractors,
licensees, subtenants, agents, servantS, employees, guestS, invitees or visitors'
provided Landlord complies with its obligations under this Section, no damages,
compensation or claim shall be payable by Landlord for inconvenience, loss of business,
or annoyance directly, incidentally or conseguentially arising from any repair or
restoration for any portion of the Premises. Landlord will not carry insurance of any
kind for the protection of Tenant or any improvements paid for by Tenant or as
provided in Exhibit B or on Tenant's furniture or on any fixtures, equipment,
improvements or appurtenances of Tenant under this Lease, and Landlord shall not be
obiigated to repair any damage thereto or replace the same unless the damage is
caused by Landlord's negligence or willful misconduct.
b. If the premises are made untenantable by eminent domain, or conveyed under a threat
of condemnation, this Lease shall automatically terminate as of the earlier of the date
title vests in the condemning authority or the condemning authority first has possession
of the premises and all Rent! and other payments shall be paid to that date. In case of
taking of a part of the Premises that does not render the Premises untenantable, then
this Llase shall continue in full force and effect and the base monthly rental shall be
equitably reduced based on the proportion by which the floor area of any structures is
reduced, such reduction in Rent to be effective as of the earlier of the date the
condemning authority first has possession of such portion or title vests in the
condemning authority. Landlord shall be entitled to the entire award from the
condemning authority attributable to the value of the Premises and Tenant shall make
no claim for the value of its leasehold. Tenant shall be permitted to make a separate
claim for the value of its leasehold. Tenant shall be permitted to make a separate claim
against the condemning authority for moving expenses or damages resulting from
iriterruption in its business, provided that in no event shall Tenant's claim reduce
LEASE AGREEMENT- Page 4 of 14
(between the City of Kent and Perkins)
Landlord's award
13. UTILITIES
Landlord shall not be responsible for providing any utilities to the Premises, but
represents and warrants to Tenant that as of the Commencement Date, electricity, water,
sewer and telephone utilities are available at or adjacent to the Premises. Tenant shall
determine whether the available capacity of such utilities will meet Tenant's needs. Tenant
shall install and connect, if necessary, and directly pay for all water, sewer, gas, janitorial,
electricity, garbage removal, heat, telephone and other utilities and services used by Tenant on
the Premises during the Term, whether or not such services are billed directly to Tenant.
Tenant will also procure, or cause to be procured, without cost to Landlord, all necessary
permits, licenses or other authorizations required for the lawful and proper installation,
maintenance, replacement and removal on or from the Premises of wires, pipes, conduits,
tubes and other equipment and appliances for use in supplying all utilities or services to the
Premises. Landlord, upon request of Tenant, and at the sole expense and liability of Tenant,
shall join with Tenant in any application required for obtaining or continuing such utilities or
services.
L4. INSURANCE
a. Liabillty insurance. During the Lease Term, Tenant shall pay for and maintain
commercial general liability insurance with broad form property damage and
contractual liability endorsements. At Landlord's option, this policy shall name
Landlord and Landlord's lender(s) as an additional insured. This policy shall insure
Tenant's activities and those of Tenant's employees, officers, contractors, licensees,
agents, selants, employees, guests, invitees or visitors with respect to the
Premises against loss, damage or liability for personal injury or bodily injury
(including death) or loss or damage to property with a combined single limit of not
less than $1,000,000, and a self-insured retention of not more than $100,000. The
insurance will be non-contributory with any liability insurance carried by Landlord.
b. Property insurance. During the Lease Term, Tenant shall pay for and maintain
special form property insurance (with coverage for earthquake and, if the Premises
are in a flood plain, flood damage) for the Premises, in an amount sufficient to
prevent Landlord or Tenant from becoming a co-insurer under the terms of the
policy, and in an amount not less than the full replacement cost of the Premises,
with a deductible of not more than $10,000. The property insurance policy shall
name Tenant as the insured and Landlord and Landlord's lender(s) as additional
insureds, with loss payable to Landlord, Landlord's lender(s), and Tenant as their
interests may appear. In the event of a casualty loss on the Premises, Landlord
may apply insurance proceeds under the property insurance policy in the manner
described in Section 12(a).
c. Miscellaneous. Insurance required under this Section shall be with companies
rated A-V or better in Best's Insurance Guide, and which are authorized to transact
business in the State of Washington. No insurance policy shall be cancelled or
reduced in coverage and each such policy shall provide that it is not subject to
cancellation or a reduction in coverage except after thirty (30) days prior written
notice to Landlord. At Landlord's option, Tenant shall deliver to Landlord upon
commencement of the Lease and from time to time thereafter, copies of the
insurance policies or certificates of insurance and copies of endorsements required
by this Section. In no event shall the limit of such policies be considered as limiting
LEASE AGREEMENT - PAgC 5 Of 14
(between the City of Kent and Perkins)
the liability of Tenant under this Lease.
d. Waiver of Subrogation. Landlord and Tenant hereby release each other and any
other tenant, theii agents or employees, from responsibility for, and waive their
entire claim of ;"coue-ry for any loss or damage arising from any cause covered by
insurance required to be carried by each of them. Each party shall provide notice to
the insurance carrier or carriers of this mutual waiver of subrogation, and shall
cause its respective insurance carriers to waive all rights of subrogation against the
other. This waiver shall not apply to the extent of the deductible amounts to any
such policies or to the extent of liabilities exceeding the limits of such policies'
15. INDEMNIFICATION/HOLD HARMLESS
Tenant shall defend, indemnify and hold Landlord harmless against all liabilities,
damages, costs and expenses, including attorneys' fees, for personal injury, bodily injury
(incluling death) or property damage arising from any negligent or wrongful act or omission of
ienant o1 Tenant's officers,'contraltors, licensees, subtenants, agents, servants, employees,
guests, invitees, or visitors on or around the Premises, or arising from any breach of this Lease
6y Tenant. Tenant shall use legal counsel acceptable to Landlord in defense of any action
*itnin Tenant,s defense obligation. Landlord shall defend, indemnify and hold Tenant harmless
against all liabilities, damages, costs, and expenses, including attorneys' fees, for personal
in-iury, bodily injury (incluJing death) or property damage arising from any negligent or
*rongfrt acL or
-omisiion of [andlord or Landlord's officers, contractors, licensees, agents,
servJnts, employees, guests invitees or visitors on or around the Premises, or arising from any
breach of this Lease 6y Landlord. Landlord shall use legal counsel acceptable to Tenant in
defense of any action within Landlord's defense obligation. The provisions of this Section shall
survive expiration or termination of this Lease'
16. LIENS AND INSOLVENCY
Tenant shall keep the Premises and property in which the Premises are situated, free
from any liens arising out of any work performed, materials furnished, or obligations incurred
by Tenant. Tenant slall indemnify and hold Landlord harmless from liability for any such liens
including, without limitation, liens arising from any Alterations. If a lien is filed against the
premisel by an person claiming by, through or under the Tenant, Tenant shall, upon request of
Landlord, at Tenant's expense-, immediately furnish to Landlord a bond in form and amount
and issued by a surety satisfactory to Landlord, indemnifying Landlord and the Premises
against all liabilities, costs and expenses, including attorneys' fees, which Landlord could
reasonably incur as a result of such lien(s).
L7. ASSIGNMENT
Tenant shall not assign, sublet, mortgage, encumber or otherwise transfer any interest
in this Lease (collectively refLrred to as a "Transfer") or any part of the Premises, without first
oUtuining Landlord's written consent, which shall not be unreasonably withheld or delayed. No
Transfeishall relieve Tenant of any liability under this Lease notwithstanding Landlord's
consent to such Transfer. Consent to any such Transfer shall not operate as a waiver of the
necessity for Landlord's consent to any subsequent Transfer'
As a condition to Landlord's approval, if given, any potential assignee or sublessee
otherwise approved by Landlord shali assume all obligations of Tenant under this Lease and
shall be jointiy and severally liable with Tenant and any guarantor, if required, for the payment
of Rent ind performance oiall terms of this Lease. In connection with any Transfer, Tenant
LEASE AGREEMENT - Page 5 of 14
(between the City of Kent and Perkins)
shall provide Landlord with copies of all assignments, subleases and assumption instruments.
This Lease shall be assignable by Landlord without the consent of Tenant. In the event
of any transfer or transfers of Landlord's interest in the Premises, other than a transfer for
security purposes only, upon the assumption of this Lease by the transferee, Landlord shall be
automatically relieved of obligations and liabilities accruing from and after the date of such
transfer, except for any retained security deposit or prepaid rent, and Tenant shall attorn to
the transferee.
Notwithstanding the foregoing, on June B,2OIt, Landlord consented in writing to allow
Tenant to enter into a sublease agreement with the Kent Lions Club for a portion of the
Premises, and Landlord's consent for the sublease with the Kent Lions Club remains in effect
for this Lease.
18. DEFAULT
The following occurrences shall each be deemed an Event of Default:
a. Failure to Pay. Tenant fails to pay any sum, including Rent, due under this Lease
following fourteen (14) days written notice from Landlord of the failure to pay.
b. Vacation/Abandonment. Tenant vacates the Premises (defined as an absence for at
least fifteen (15) consecutive days without prior notice to Landlord), or Tenant
abandons the Premises (defined as an absence of five (5) days or more while Tenant is
in breach of some other term of this Lease). Tenant's vacation or abandonment of the
Premises shall not be subject to any notice or right to cure.
c. Insolvency. Tenant becomes insolvent, voluntarily or involuntarily bankrupt, or a
receiver, assignee or other liquidating officer is appointed for Tenant's business,
provided that in the event of any involuntary bankruptcy or other insolvency
proceedings, the existence of such proceeding shall constitute an Event of Default only
if such proceeding is not dismissed or vacated within sixty (50) days after its institution
or commencement.
d. Levy or Execution. Tenant's interest in this Lease or the Premises, or any part
thereof, is taken by execution or other process of law directed against Tenant, or is
taken upon or subjected to any attachment by any creditor of Tenant, if such
attachment is not discharged within fifteen (15) days after being levied.
e. Other Non-Monetary Defaults. Tenant breaches any agreement, term or covenant
of this Lease other than one requiring the payment of money and not otherwise
enumerated in this Section, and the breach continues for a period of thirty (30) days
after notice by Landlord to Tenant of the breach.
19. REMEDIES
Landlord shall have the following remedies upon an Event of Default. Landlord's rights
and remedies under this Lease shall be cumulative, and none shall exclude any other right or
remedy allowed by law.
a. Termination of Lease. If an Event of Default occurs, Landlord may terminate
Tenant's interest under the Lease by giving thirty (30) days written notice of
termination from Landlord to Tenant. The Lease shall terminate on the date specified
LEASE AGREEMENT - Page 7 of L4
(between the CiU of Kent and Perkins)
in the notice of termination. Upon termination of this Lease, Tenant will remain liable
to Landlord for damages in an amount equal to the rent and other sums that would
have been owing by fenant under this Lease for the balance of the Lease Term, less
the net proceedi, ii any, of re-letting of the Premises by Landlord subsequent to the
termination, after deducting all Uandlord's Reletting Expenses (as defined below).
Landlord shall be entitled to either collect damages from Tenant monthly on the days
on which rent or other amounts would have been payable under the Lease, or
alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover
from Tenani: (i) unpaid rent which had been earned at the time of termination; (ii) the
amount by whith the unpaid rent which would have been earned after termination until
the time the award exceeds the amount of rent loss that Tenant proves could
reasonably have been avoided; (iii) the amount by which the unpaid rent for the
balance oi tne Term of the Lease after the time of the award exceeds the amount of
rent loss that Tenant proves could reasonably be avoided (discounting such amount by
the discount rate of tne Federal Reserve Bank of San Francisco at the time of the
award, plus 1olo); and (iv) any other amount necessary to compensate Landlord for all
the detriment proximately caused by Tenant's failure to perform its obligations under
the Lease, or which in the ordinary course would be likely to result from the Event of
Default, including without limitation, Reletting Expenses described in the following
Section.
b. Re-Entry and Retetting. Landlord may continue this Lease in full force and effect,
and without demand or notice, re-enter and take possession of the Premises or any
part thereof, expel the Tenant from the Premises and anyone claiming through or under
the Tenant, and remove the personal property of either. Landlord may relet the
premises, or any part of them, in Landlord's or Tenant's name for the account of
Tenant, for such'period of time and at such other terms and conditions, as Landlord, in
its discretion, may determine. Landlord may collect and receive the rents for the
premises. Re-entry or taking possession of the Premises by Landlord under this Section
shall not be construed as an election on Landlord's part to terminate this Lease, unless
a written notice of termination is given to Tenant. Landlord reserves the right following
any re-entry or reletting, or both, under this Section to exercise its right to terminate
the Lease. Tenant will pay Landlord the rent and other sums which would be payable
under this Lease if repossession had not occurred, less the net proceeds, if any, after
reletting the Premises, after deducting Landlord's Reletting Expenses. "Reletting
Expens6s" is defined to include all expenses incurred by Landlord in connection with
reletting the Premises, including without limitation, all repossession costs, brokerage
commislions, attorneys' fees, remodeling and repair costs, costs for removing and
storing Tenant's property and equipment, and tenant improvements and rent
conceisions granted by Landlord to any new Tenant, for a period of six (6) months
from date of default.
c. Waiver of Redemption Rights, Tenant, for itself, and on behalf of any and all
persons claiming through or under Tenant, including creditors of any kinds, hereby
waives and surrenders ill rights and privileges which they may have under any present
or future law, to redeem the Premises or to have a continuance of this Lease for the
Lease Term, as it may have been extended.
d. Nonpayment of Additional Rent. All costs which Tenant agrees to pay to Landlord
pursuant to this Lease shall in the event of nonpayment be treated as if they were
payments of Rent, and Landlord shall have all the rights herein provided for in case of
nonpayment of Rent.
LEASE AGREEMENT - Page B of 14
(between the City of Kent and Perkins)
e. Failure to Remove Property. If Tenant fails to remove any of its property from the
Premises at Landlord's request following an uncured Event of Default, Landlord may, at
its option, remove and store the property at Tenant's expense and risk. If Tenant does
not pay the storage costs within five (5) days of Landlord's request, Landlord may, at
its option, have any or all of such property sold at public or private sale (and Landlord
may become a purchaser at such sale), in such manner as Landlord deems proper,
upon written notice to Tenant. Landlord shall apply the proceeds of such sale: (i) to
the expense of such sale, including reasonable attorneys'fees actually incurred; (ii) to
the payment of the costs or charges for storing such property; (iii) to the payment of
any other sums of money which may then be or thereafter become due Landlord from
Tenant under any of the terms hereof; and (iv) the balance, if any to Tenant. Nothing
in this Section shall limit Landlord's right to sell Tenant's personal property as permitted
by law or to foreclose Landlord's lien for unpaid rent.
20. HAZARDOUS MATERIALS
Landlord represents and warrants to Tenant that to the best of Landlord's knowledge,
there is no "Hazardous Material" (as defined below) on, in or under the Premises as of the
Commencement Date, excepts as otherwise disclosed to Tenant in writing before the execution
of this Lease.
Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or
used in or about, or disposed of on the Premises by Tenant, its agents, employees, contractors
or invitees, except in strict compliance with all applicable federal, state and local laws,
regulations, codes and ordinances
As used herein, the term "Hazardous Material" means any hazardous, dangerous, toxic
or harmful substance, material or waste including biomedical waste which is or becomes
regulated by any local governmental authority, the State of Washington or the United States
government due to its potential harm to the health, safety or welfare of humans or the
environment. The provisions of this Section shall survive expiration or termination of this
Lease.
2T. NOTICES
All notices to be given by the parties hereto shall be in writing and effective (i) when
delivered in person, or (ii) three (3) days after being sent by United States registered or
certified mail, postage prepaid, to Landlord or Tenant at the below-listed addresses or a later
changed address provided in writing:
LANDLORD:
Charlie and Shirley Perkins
178L7 146th Avenue SE
Renton, WA 98058
(425) 226-1953
TENANT:
City of Kent
Attn: Facilities Management Superintendent
220 Fourth Avenue S
Kent, Washington 98032
(2s3) Bs6-s700
LEASE AGREEMENT - Page 9 of 14
(between the City of Kent and Perkins)
22. NON.WAIVER
The failure of Landlord to insist upon strict performance of any of the covenants and
agreements of this Lease, or to exercise any option herein conferred in any one or more
iristances, shall not be construed to be a waiver or relinquishment of the covenants and
agreements of this Lease, or any other covenant or agreements, but the same shall be and
rJmain in full force and effect. The acceptance by Landlord of Rent or other amounts due by
Tenant hereunder shall not be deemed to be a waiver of any breach by Tenant preceding such
acceptance.
23. COSTSANDATTORNEYSFEES
If by reason of any default on the part of Tenant it becomes necessary for Landlord to
use an attorney, or if Tenant shall bring any action for any relief against Landlord, declaratory
or otherwise, arising out of this Lease, each party shall pay its own legal costs and attorney
fees, including costs and fees for any appeals.
24. HEIRSANDSUCCESSORS
Subject to the assignment and subletting provisions, the covenants and agreements of
this Lease itratt OinO the heirs, executors, administrators, legal representatives, successors and
assigns of any or all of the parties.
25. HOLDOVER
If Tenant shall, without the written consent of Landlord, holdover after the expiration or
termination of this Lease, such tenancy shall be a month to month tenancy, terminable as
provided by the laws of the State of Washington. During such tenancy, the rate of rental shall
remain equal to the rate last payable under this Lease.
26. SUBORDINATION
This Lease shall automatically be subordinate to any mortgage or deed of trust created
by Landlord which is no existing or hereafter placed upon the Premises including any advances,
interest, modifications, renewals, replacements or extensions ("Landlord's Mortgage"),
provided the holder of any Landlord's Mortgage or any person(s) acquiring the Premises at any
sale or other proceeding under any such Landlord's Mortgage shall elect to continue this Lease
in full force and effect. Tenant shall attorn to the holder of any Landlord's Mortgage or any
person(s) acquiring the Premises at any sale or other proceeding under any Landlord's
Mortgair6 provided such person(s) assume the obligations of Landlord under this Lease'
Tenant-shall promptly and in no event later than fifteen (15) days after request execute,
acknowledge and deliver documents which the holder of any Landlord's Mortgage may
reasonably require as further evidence of this subordination and attornment. Notwithstanding
the foregoing, Tenant's obligations under this Section are conditioned on the holder of each
Landlord s ptbrtgage and eaih person acquiring the Premises at any sale or other proceeding
under any such tandlord's Mortgage not disturbing Tenant's occupancy and other rights under
this Lease, so long as no uncured Event of Default exlsts.
27. OUIET ENJOYMENT
So long as Tenant pays the Rent and performs all of its obligations in this Lease,
LEASE AGREEMENT- Page 10 of 14
(between the City of Kent and Perkins)
Tenant's possession of the Premises will not be disturbed by Landlord or any claiming by,
through, or under Landlord, or by the holders of any mortgage of Landlord/ or any successor
thereto.
28. GENERAL
a. Entire Agreement. This Lease contains all of the covenants and agreements between
Landlord and Tenant relating to the Premises, No prior or contemporaneous
agreements or understanding pertaining to the Lease shall be valid or of any force or
effect and the covenants and agreements of this Lease shall not be altered, modified or
added to except in writing signed by Landlord and Tenant.
b. Severability. Any provision of this Lease which shall prove to be invalid, void or illegal
shall in no way affect, impair or invalidate any other provision of this Lease.
c. Force Majeure. Tim periods for either party's performance under any provisions of
this Lease (excluding payment of Rent) shall be extended for periods of time during
which the pafty's performance is prevented due to circumstances beyond such party's
control, including without limitation, fires, floods, earthquakes, lockouts, strikes,
embargoes, governmental regulations, acts of God, public enemy, war or other strife.
d. Governing Law. This Lease shall be governed by and construed in accordance with
the laws of the State of Washington.
e. Authority of Parties. Any individual signing this Lease on behalf of an entity
represents and warrants to the other that such individual has authority to do so and,
upon such individual's execution, that this Lease shall be binding upon and enforceable
against the party on behalf of whom such individual is signing.
f. Effective Date: This Lease Agreement shall take effect and commence on the last
date entered under the Landlord's or the Tenant's signatures below.
The foregoing conditions are mutually agreed to by Landlord and Tenant
LANDLORD(S):TENANT:
CITY OF KENT
&*,tt-
By: Dana RalphCharlie PerkinsDated: {4 cl
Shirley Perk
Dated:
LEASE AGREEMENT- Page 11 of 14
(between the City of Kent and Perkins)
Its: Mayor
Dated lo
E
Law
STATE OF WASHINGTON
COUNW OF KING
STATE OF WASHINGTON
COUNTY OF KING
On this 2? day of q , 2ALg, before me a Notary Public in and for the
State of Washington, personally appeared Shirley Perkins, personally known to me
(or proved to me on tne basis of satisfactory evidence) to be the person who
executed this instrument and acknowledged it to be his/her free and voluntary act
and deed for the uses and purposes mentioned in this instrument.
-Notary Seal Must Appear Within This Box'
se
LEASE AGREEMENT- Page 12of L4
(betvveen the City of Kent and Perkins)
s5
)
)
)
On this tl day of '1 , z}tg, before me a Notary Public in. and for the
State of Washington, personally appeared Charlie Perkins, personally known to me
(or proved to me on ttre basis'of satisfactory evidence) to be the person who
executed this instrument and acknowledged it to be his/her free and voluntary act
and deed for the uses and purposes mentioned in this instrument.
)
) ss.
)
-Notary Seal Must Appear Within This Bax-
h offici alddhave
writte
NOTARY PUBLIC, in and for the
of Washington, residing at
My appointment exPires
here
n
to setEOF,
abov
I
e
an a nunmy
se
'-+*:i^i'ia,*iS
"'t',9i noE+1\.+r'i /:1,,,,
'qqt\"
STATE OF WASHINGTON )
couNrY oF KrNG i tt'
ett funtu
I hereby certify that I know or have satisfactory evidence that Denar{atfih is
the person who appeared before me, and said person acknowledged that she signed
this instrument, on oath stated that she is authorized to execute the instrument on
behalf of the City of Kent as its Mayorp and such execution to be the free and
voluntary act of such party for the uses png!. pqrposes mentioned in the foregoinginstrument. -'PO Vt-+1f
ltttt
LEASE AGREEMENT- Page 13 of 14
(between the Clty of Kent and Perkins)
-Notary Seal Must Appear Within This Box'
t2o{t7
nd and official
NOTARY PUBLIC, in nd for
A
at
have hereunto set
\\\\tlseal the d and year first
of Washington, residing
My appointment expires
IN WITNESS WHEREOF,
EXHIBIT A
[Legal Description]
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LEASE AGREEMENT- Page 14 of t4
(between the City of Kent and Perkins)
EXHIBIT B
June 8, 2011
Charles Lindsey
Clty of Kent
22Q 4th Avenue South
Kent, WA 98032
Re: Lease Agreement between Charlie and Shirley Perklns and the City of Kent for
property at 715 West Street, Kent, Washington
Dear Mr. bndsey:
Thls lEtter wlll serve as my consent for the Clty'of Kent to enter lntb a sublease
agreement with the Kent Llons.Club for a portlon of the above-referenced property
This consent rs glven in accordance wlth Sechon 17 of the Lease.
Slncerely,
Charlre Perklns
SUBTEASE AGREEMENT _ Exhlbit B
(between the CIA of Kent and Kent Lions Club)
CERTIFICATE OF LIABILITY INSURANCE OATE (MM/DD/YYYY)
4127t2021
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 CERTTFICATE OF TNSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
It'rtpOnfeili: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provislons or be endorsed.
lf SUBROGATION lS WAIVED, subject to the terms and condltions of the policy, certain policies may require an endorsement. A statement on
thls certlficate does not confer rights to the certificate holder in lieu of such endoreement(s).
PRODUCER
Seattle-Alliant lnsurance Services, lnc.
1420 Fifth Avenue, Suite 1500
Seattle WA 98101
Jamie
949-627-7000
INSURER{SI AFFORDING COVERAGE NAIC#
rNsuRER A: Safefu National Casualfu Coroo 15105
INSURED
City of Kent
220 Fourth Avenue South
Kent WA 98032-5895
K8583802 INSURER B :
INSTJRER C :
INSURER D
INSURER E:
INSURER F :
COVERAGES MBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSUMNCE 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.
LIMITSPOLICY NUI'EER FOLIGY EFF
.MMIDD/YYYYIINSR
LTR TYPE OF INSURANCE
EACH OCCURRENCE $ 2,000,000
$ 500,000
MED EXP (Anv one DsBon)$
PERSONAL &ADV INJURY $ 2.000.000
GENERAL AGGREGATE $ 4.000.000
PRODUCTS - COMP/OP AGG $ 4.000.000
1t1t2021 1t112022
stR $ 500,000
COMMERCIAL GENERAL LIABILITY
GEN'L AGGREGATE LIMIT APPLIES PER:
X
X
f__-l pnoI IJECT I I
CLAIMS.MADE OCCUR
LOCPOLICY
GL4058201
$
BODILY INJURY (Per person)$
BODILY INJURY (Per accident)$
$
$
ANYAUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
AUTOMOBILE UABILITY
NON-OWNED
AUTOS ONLY
EACH OCCURRENCE $OCCUR
CLAIMS-MADE AGGREGATE
UMBRELLA LIAB
EXCESS LIAB
nFn RFTFNTION S
I PtRI STATI ITF otH-
FR
E,L. EACH ACCIDENT $
E.L. DISEASE . EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILIIY Y/Ntltn
N'A
DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES (ACORDl0l,AdditionalRema.ksSchedule,maybeattachedifmoreBpacci8required)
Chadie and Shirley Perkins Family Trust is included as Additional lnsured.
TE HOLDER
O {988-2015 ACORD CORPORATION. All rishts reserved
The AGORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
Charlie and Shirley Perkins Family Trust
17817 146th Avenue SE
Renton WA 98058 At,a
AUTHORIZED
ACORD 25 (20r6/03)