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Home My WebLink AboutL12-028 - Amendment - #5 - Vortex Agility & Dog Training, LLC - Limited Use of City Real Property - 03/13/20223/28/22 • KENT WASHINGTON CITY CLERK CITY OF KENT 220 4th 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: L028-12 (to be completed by Clerk's Office) 1. Responsible Department/Division: PPD 2. Contact Person and Title: Lynn Osborn for Brian Levenhagen Telephone Extension: 5111 3. Tenant (Customer) Name: Sandra Katzen dba Vortex Agility & Dog Training 4. Tenant (Customer) Number: 4340SO 5. General Ledger Account Number: P20048 6. King County Tax Parcel Number: 21220S-9011, 9143 7. Address of Parcel: 13417/13427 SE 216th Street 8. Type of Lease: License For Limited Use AMENDMENT FOUR 9. Council Authorization Date: property purchased by Pks in 2010 10. Mayor Signature Date: 3/13/2012 SECTION 2 - LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: 3/13/2022 (renewal) 12. Tenant Lease Option Renewal Notification Due Date: 1/10/2023 13. Lease Termination Date: 3/13/2023 - NEW 14. Lease Duration: 1 year SECTION 3 - RENT DETERMINATION AND DUE DATE: 15. Rent: 500.00/month 16. Rent Due Date: 17. Calculation of Rental Increase(s): N/A Lease Agreement Cover Sheet —Page 1 of 2 SECTION 4 - LEASEHOLD EXCISE TAX: Is this lease subject to leasehold excise taxes? ❑ YES (go to Question 19) ❑ NO, reason: 19. Are leasehold excise taxes for this tenant centrally assessed, i.e. directly collected from the tenant by the Washington State Department of Revenue? ❑ YES (attach written verification received directly from DOR or indirectly through the tenant, e.g. DOR notification letter) ❑ NO (go to Question 20) 20. Does Lease Rent include Leasehold Excise Tax? (Leasehold taxes must be broken out on the invoice and coded: Business unit.32500.0303) ❑ YES Calculate the leasehold excise tax (Stated Rent divided by 1.1284) ❑ NO Calculate the leasehold excise tax (Stated Rent times .1284) SECTION 5 - APPLICABLITY OF UTILITIES: 21. Applicability of Utilities - Check all that utilities that are affected and indicate provider (e.g. City of Kent), Account Number or basis of exclusion. ® Does Not Apply ❑ Water: ❑ Sewer: ❑ Drainage: ❑ Garbage: ❑ Electricity/Natural Gas: SECTION 6 - MONETARY PENALTIES AND LATE INTEREST CHARGES: 22. Monetary Penalties: 0.00 23. Late Interest: 0.00 SECTION 7 - OTHER LEASE CONSIDERATIONS: Special lease considerations, e.g. non -monetary rent, etc ❑ None (check box if no considerations) Lease Agreement Cover Sheet —Page 2 of 2 KENT AMENDMENT FIVE TO LICENSE FOR LIMITED USE OF CITY REAL PROPERTY (between the City of Kent and Vortex Agility & Dog Training, LLC) NAME OF LICENSEE: ORIGINAL EXPIRATION DATE: REVISED EXPIRATION DATE UNDER PRIOR AMENDMENT(S): REVISED EXPIRATION DATE UNDER THIS AMENDMENT FIVE: Vortex Agility & Dog Training, LLC 03/13/2014 03/13/2022 03/13/2023 This Amendment Five to License for Limited Use of City Real Property ("Amendment Five") is made between the city of Kent, a Washington municipal corporation ("City"), Vortex Agility & Dog Training, LLC ("Licensee"), and amends the parties' License Agreement, dated March 13, 2012, as that License Agreement was amended through Amendment One, dated August 5, 2014; Amendment Two, dated December 22, 2015, Amendment Three, dated March 12, 2018, and Amendment Four, dated March 18, 2020 1. Licensee Name. After Amendment Three was executed, Licensee formed a limited liability company, legally known as "Vortex Agility & Dog Training, LLC," and officially registered with the State of Washington, effective April 5, 2018. The parties agree that the entity serving as Licensee under the License Agreement is now Vortex Agility & Dog Training, LLC. Any obligations of Sandra Katzen under the License Agreement as an individual or sole proprietor are released and assumed by Vortex Agility & Dog Training, LLC. 2. Extend Term. The parties agree to further extend the term of the License Agreement through March 13, 2023, under the same terms and conditions provided for in the original License Agreement, as previously amended through Amendments One, Two, Three, and Four. 3. Acceptance of License Terms and Waiver of Claims. Licensee accepts all requirements of this Amendment Five by signing below, and by its signature, waives any protest or claim Licensee may have regarding the License Agreement or any Amendment. This Amendment Five, unless otherwise provided, does not relieve Licensee from strict compliance with the indemnification and insurance provisions of the original License Agreement. 4. Ratification. All acts consistent with the authority of the License Agreement, Amendments One, Two, Three, Four and this Amendment Five, and prior to the effective date of this Amendment Five, are hereby ratified and affirmed, and the terms of the License Agreement and all subsequent Amendments shall be deemed to have applied. 5. Remaining Provisions. Except as expressly modified by this Amendment Five, all other terms and conditions of the License Agreement and its prior Amendments shall remain in full force and effect, and the failure of the Licensor to strictly enforce any provision of the License Agreement, as amended, shall not be construed as a waiver of such provision, or any other provision of said License Agreement. AMENDMENT FOUR TO LICENSE FOR LIMITED USE OF CITY REAL PROPERTY - 1 OF 2 The parties whose names appear below affirm that they are authorized to enter into this Amendment Five and bind their respective party. IN WITNESS, the parties below have executed this Amendment Five, which will become effective on the last date written below. LICENSEE: Vortex Agility & Dog Training, LLC 3016 22nd Ave S Seattle, WA 98144 '�Ta.u° , IS Kdto By: si nature) Print Name: Sandra Katzen ItsnXAmPr (title) DATE: Mar 23, 2022 P:\Planning\Panther Lake Park\Huse\Dog Agility Group\Vortex Agility license -AMENDMENT 5 Signature: Email: rlashley@kentwa.gov Signature: If, 'L Brian Levenhagen (Mar 23, 202210:33 PDT) Email: bjlevenhagen@kentwa.gov CITY: City of Kent 220 Fourth Avenue South Kent. WA 98031 By- -- (signature; Print Name: Dana Ralph Its Mayor DATE 03/27/202�tit/e) APPROAJED AS TO FORM: ent Vaw D�_paryment Signature: TefGJurg an (Mar N2 08:41 PDT) Email: tjungman@kentwa.gov AMENDMENT FOUR TO LICENSE FOR LIMITED USE OF CITY REAL PROPERTY - 2 OF 2 E-TRANSMITTAL: Vortex Agility at Huse Property -AMENDMENT 5 Final Audit Report 2022-03-23 Created: 2022-03-22 By: Lynn Osborn (losborn@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAA80wihHH865--D9YWIg8ngdKtfNX_T9DF "E-TRANSMITTAL: Vortex Agility at Huse Property-AMENDME NT 5" History Document created by Lynn Osborn (losborn@kentwa.gov) 2022-03-22 - 0:08:38 AM GMT- IP address: 146.129.252.126 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2022-03-22 - 0:10:41 AM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2022-03-22 - 6:45:04 PM GMT- IP address: 146.129.252.126 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2022-03-22 - 6:48:35 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Terry Jungman (tjungman@kentwa.gov) for signature 2022-03-22 - 6:48:39 PM GMT Email viewed by Terry Jungman (tjungman@kentwa.gov) 2022-03-23 - 3:40:47 PM GMT- IP address: 73.118.200.115 c Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date: 2022-03-23 - 3:41:07 PM GMT - Time Source: server- IP address: 73.118.200.115 Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature 2022-03-23 - 3:41:10 PM GMT Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2022-03-23 - 5:25:29 PM GMT- IP address: 146.129.252.126 Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2022-03-23 - 5:33:44 PM GMT - Time Source: server- IP address: 146.129.252.126 a Adobe Sign Document emailed to Sandra Katzen (vortexagility@gmail.com) for signature 2022-03-23 - 5:33:46 PM GMT Email viewed by Sandra Katzen (vortexagility@gmail.com) 2022-03-23 - 6:37:30 PM GMT- IP address: 104.28.49.7 Document e-signed by Sandra Katzen (vortexagility@gmail.com) Signature Date: 2022-03-23 - 7:27:05 PM GMT - Time Source: server- IP address: 73.53.2.162 Agreement completed. 2022-03-23 - 7:27:05 PM GMT a Adobe Sign