HomeMy WebLinkAboutL03-082 - Amendment - #1 - Aquatic Management Group, Inc. - Kent Pool Sub-Lease Agreement - 03/06/2008Records Man agement
KENT Document
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WaSHTNGToN
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Aq uatic Manaqement GrouP
Vendor Number:Ae,^-l orf*"/' *'rr M{/
JD Edwards Number
Contract Number:
This is assigned by City Clerk's ce
Project Name:Addendum No. One to Aqreement with A quatic Manaq ement Group
(AMG) for the Kent Meridian Pool
Descripti on! E Interlocal Agreement n Chanqe Order X Amendment n Contract
I Other:
Contract Effective Date: March 6,2003
20LL
Termination Date= l\ay 25,
Contract Renewal Notice (Days)l 30 days
Number of days required notice for termination or renewal or amendment
Contract Manager: Teri Petrole Department: Parks Administration
Detail: (i.e. address, location, parcel number, tax id, etc.):
Addendum No. One extends the termination of agreement to May 25, 20Lt
S : Public\RecordsManagement\Forms\Contractcover\adcc7832 | lI / OB
KENT
ADDENDUM ONE
TO THE KENT POOL SUBLEASE AGREEMENT
THIS ADDENDUM ONE is made between the CITY OF KENT, a Washington
municipal corporation ("City"), and AQUATIC MANAGEMENT GROUP' INC., a
Washington corporation ("Lessee"), and amends that certain Kent Pool Sublease
Agreement ("Sublease") entered into between the parties on or abput March 6,
2003.
I. RECITALS
1,1 On March 6,2003, the parties entered into the Kent Pool Sublease
Agreement whereby the Lessee would occupy, manage, and operate the premises
as a public pool in accord with the Sublease and the conditions and restrictions set
forth in King County Resolution No. 3457L'
t.2 The purpose of this Addendum One is to extend the term of the
Sublease and to reflect negotiated revisions the parties made to the compensation
due Lessee beginning March 6, 2008'
II. ADDENDUM
The City and Lessee agree and covenant as follows:
1. Term, Upon the effective date of this Addendum One, the parties
agree that the term of the Sublease provided for in Section 3 shall run through May
25, ZOLL The remaining provisions set forth in Section 3 of the Sublease,
specifically the extension and termination options, are retracted and shall no longer
apply,
2 Citv Consid ron and Pavment Annual Fee. The annual fee
provisions set forth in Section 5(B) of the Sublease are amended to increase
not to exceed amount from Twenty Thousand Dollars and nol100 ($20,000)
the
per
year to Eighty Thousand Dollars and no/100 ($80,000) per year.
3.Citv Consid ration and Pavment Caoital Fee . The capital payment
fee provisions set forth in Section 5(C) of the Sublease are rep laced with the
following:
C. Capital Fee, Payment to Lessee of an amount not to
exceed $25,000 annually for capital repairs and lifecycle
improvements to the Pool. Lessee shall make a written
request to the City for funds to be released, and shall provide
ADDENDUM ONE TO THE KENT
POOL SUBLEASE AGREEMENT. 1
(January 10, 2008)
\
documentation demonstrating the need for the amount
requested. Within thirty (30) days of its receipt of Lessee's
request, the City shall determine, in its sole discretion, the
amount of funds to be distributed and distribute the same by
January 3l't of the next fiscal year. Lessee shall submit
financial documentation to the City showing the profit or loss
incurred the previous year
4. Certification. Lessee hereby certifies to City that the Sublease is in full
force and effect, and that there are no uncured defaults on the part of the City
under the Sublease,
5. Entire Aqreement. Except as amended by this Addendum One, all
provisions of the Lease shall remain in full force and effect except as specifically
modified by this Addendum One.
6, Effective Date. The terms of this Addendum One shall take effect on
the last date signed below and shall apply from March 6, 2008, through May 25,
20IL, unless later amended.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum
One.
CITY:LESSEE:
CITY OF KENT AQUATIC MANAGEMENT GROUP, INC,
By:
Print Name:-
Its:
Date:
ADDENDUM ONE TO THE KENT
POOL SUBLEASE AGREEMENT - 2
By:
- Notary Acknowledgements Appear on Following Page -
Print Name
Its:
Date:
(January 10, 2008)
,.'!
STATE OF WASHINGTON )
SS
COUNTY OF KING
On this day of
-,2008,
I hereby ceftify that I know or have
)
)
satisfactory evidence that is the person who appeared before
me, and sa id person acknowledged that he/she signed this instru ment, on oath stated that he/she is
authorized to execute the instrument on behalf of the CITY OF KENT as its and
such execution to be the free and voluntary act of such pafty for the uses and purposes mentioned in
the foregoing instrument,
-Notary Seal Must Appear Within This Box'
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
NOTARY PUBLIC, in and for the State of Washington
residing at
My appointment expires
STATE OF WASHINGTON )
SS
COUNTY OF KING
On this day of 2008, I hereby certify that I know or have
satisfactory evidence that is the person who appeared before me, and
said person acknowledged that he/she signed this instrument,on oath stated that he/she is authorized
to execute the instrument on behalf of AQUATIC MANAG EMENT GROUP, INC. as its
and such execution to be the free and voluntary act of such party for the
uses and purposes mentioned in the foregoing instrument.
Pr\Civil\Files\OFnnles\or05-2008\P@lsubtea*-Addendumone dc
ADDENDUM ONE TO THE KENT
POOL SUBLEASE AGREEMENT - 3
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
NOTARY PUBLIC, in and for the State of Washington
residing at
My appointment exPires
(January 10,2008)