HomeMy WebLinkAboutAG 05-039 - MAYER RETURN TO: PW ADMIN EXT: 2700 ID#: -±)l p -2-
CITY
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORINT
1. ORIGINATING DEPT/DIV: PUBLIC WORKS// 144 • c Q'ryI IA S-C
2 w A
1. ORIGINATING STAFF PERSON: L�RE\`'� EXT:Q-73b 3. DATE REQ.BY: p�tDe�.a
3. TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
Cl ORDINANCE Dc.- 039 L ❑ RESOLUTION
.1 CONTRACT AMEND (AG#): 1 ❑ INTERLOCAL
OTHER r f -
4. PROJECT NAmE:�f77-66 M LQ-0'�
5. NAME OF CONTRACTOR:` " �
ADDRESS: TELEPHONE:
E-MAIL: FAX:
SIGNATURE NAMC:ym 4 q c4N e mm'4 L(� ak�x t {� 1(� ,,..e f TITLE:
6. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP.
7. TERM: COMMENCEMENT DACE;f ie%fc)% 2--A 2,07-0 COMPLETION DATE:mara, .+Lu
8. TOTAL COMPENSATION:$_ZAP 14-L.%\ (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑YES Cl NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY
RETAINAGE: RETAINAGE AMOUNT: �RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
c!(DIVISION MANAGER C C Z 12-02.0
4 DEPUTY DIRECTOR
pi DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
4 LAW DEPT Z Z-9 zy ZO
10.. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE.
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
11. CONTRACT SIGNATURE ROUTING 0
❑ SENTTO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: I LV
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFIC.ATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL/DATE SIGNED
❑ FINANCE DEPARTMENT
XLAW DEPT 10 2 ZQ
1T r)pri f.M.M O R OR DIRECTOR)
�2 ASSIGNED AG#k AG#
❑ SIGNED COPY RETURNED DATE SENT:
❑RETURN ONE ORIGINAL
COMMENTS:
EXECUTE "ORIGINALS
1/2018
CITY OF CITY HALL
� � Federal � Feder 8th Avenue South
4! Federal Way,WA 98003-6325
(253) 835-7000
www crivoffederabloy com
AMENDMENT NO. 3
TO
LEASE AGREEMENT
FOR
MAYER TRAM
This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Pamela R. Mayer, a single woman, Joseph E. Mayer, a married man as his separate
estate, and Natalie A. Mayer, a single woman("Lessee"). The City and Lessee (together"Parties"), for valuable
consideration and by mutual consent of the Parties,agree to amend the original Agreement for the Property located
at 31042 53rd Avenue SW,Federal Way,WA 98023 ("Agreement")dated effective March 23,2005 as amended by
Amendment No. 1, dated effective March 23, 2010, and Amendment No. 2 dated effective March 23, 2015 as
follows:
1. AMENDED TERM.The term of the Agreement,as referenced by Section 3 of the Agreement and any prior
amendments thereto, shall be amended and shall continue for an additional five year term commencing March 23,
2020 ("Amended Term").
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto,not modified by this Amendment, shall remain in full force and effect. Any and all acts done
by either Party consistent with the authority of the Agreement,together with any prior amendments thereto,after the
previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been
performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The
provisions of Section 6,Exhibit D,of the Agreement shall apply to and govern this Amendment.The Parties whose
names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is
binding on the parties of this contract.
[Signature page follows]
AMENDMENT - 1 - 2/2020
ITV OF CITY HALL
Federal
edaral Way Feder 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www ci"flederaiway.com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY ATTEST:
By:
Jin 1.11, Mayor C }1erk, Stephanie 'o xrtney, CM('
DATE: APPROVED AS TO FORM:
City Attorney, Ryan Call
LESSEj :
By:
Na'alie A. Mayer
By: LLA w �.
Pamela R. Mayer
By:
Jos pll . Maye
STATE OF WASHINGTON )
V ) ss.
COUNTY OF &A44=2 )
On this day personally appeared before me,Natalie A.Mayer-Yeager,Pamela R.Mayer,and Joseph E Mayer,to me
known to be the individuals described in and who executed the foregoing instrument, and on oath swore that they
executed the foregoing instrument as their free and voluntary act and deed for the uses and purposes therein
mentioned.
GIVEN my hand md official seal this a7g M day of , 20202-0����� irrrrr
�gB ... � Nota 's signature At46,btj
y�pQ
'��•9 :P otary's printed name IDe- - e- �. . L-e o`
Notary Public in and for the State of Washington.
►C" Pusuc My commission expires03/ 4, 20?Z z
Ob
jff1ir��WAS i ii�'°```�
AMENDMENT - 2 - 2/2020
RETURN TO: 31 60na EXT: 2:V3
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS/STREETS
2. ORIGINATING STAFF PERSON:JOHN MULKEY EXT:2722 3. DATE REQ.BY:2/16/2015
4. TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT(AG#):05-039-B ❑ INTERLOCAL
❑ OTHER AMENDMENT No.2
5. PROJECT NAME:MAYER TRAM LEASE AGREEMENT
6. NAME OF CONTRACTOR:JOSEPH E.MAYER,PAMELA R.MAYER, NATALIE A MAYER-YEAGER
ADDRESS:31042 53RD AVE SW,FEDERAL WAY,WA98023 TELEPHONE:425-453-5000
E-MAIL: FAX:
SIGNATURE NAME: JOSEPH E.MAYER,PAMELA R.MAYER, NATALIE A MAYER-YEAGER TITLE: OWNER
7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE# BL,EXP. UBI# ,EXP.
8. TERM: COMMENCEMENT DATE:MARCH 23,2005 COMPLETION DATE:MARCH 23,2020
9. TOTAL COMPENSATION:$20,641.22 (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL/DATE APPROVED
vf PROJECT MANAGER 7 //0 /l
DIVISION MANAGER
'DEPUTY DIRECTOR -
17 DIRECTOR
❑/RISK MANAGEMENT (IF APPLICABLE)
GY LAW DEPT tf3a(11/if44--
11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: 7 l 1 COUNCIL APPROVAL DATE: 31 17 )
12. CONTRACT SIGNATURE ROUTING
X SENT TO VENDOR/CONTRACTOR DATE SENT: 31I V Q l I .3/42(6 DATE REC'D: )5
❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS
I .U,AL/DATE SIGNED
3 2 'VLAW DEPT mail ems. �?% S 15
SIGNATORY( ) f�/ ��7., ",/
CITY CLERK Ch-4-0 i#4 '�. h itt eLe r fps'
XASSIGNEDAG# AG# �O ' tt
X SIGNED COPY RETURNED DATE SENT: t 11v
RETURN ONE ORIGINAL
COMMENTS:
EXECUTE" 2 "ORIGINALS
11/9
CITY OF CITY HALL
33325 Fe d e ra I Way Feder al Way,WA 9800u 8th Avenue South
Federal
(253) 835-7000
www crtyofiederaiway corn
AMENDMENT NO. 2
TO
LEASE AGREEMENT
FOR
MAYER TRAM
This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal
corporation("City"),and Pamela R.Mayer,a married woman as her separate estate,Joseph E.Mayer,a married
man as his separate estate,and Natalie A.Mayer-Yeager,a married woman as her separate estate("Lessee").The
City and Lessee(together"Parties"),for valuable consideration and by mutual consent of the Parties,agree to amend
the original Agreement for the Property located at 31042 53rd Avenue SW,Federal Way,WA 98023("Agreement")
dated effective March 23, 2005 as amended by Amendment No. 1, dated effective March 23, 2010 as follows:
1. AMENDED TERM.The term of the Agreement,as referenced by Section 3 of the Agreement and any prior
amendments thereto,shall be amended and shall continue for an additional five year term commencing March 23,
2015 ("Amended Term").
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been
performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The
provisions of Section 6,Exhibit D,of the Agreement shall apply to and govern this Amendment.The Parties whose
names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is
binding on the parties of this contract.
[Signature page follows]
AMENDMENT - 1 - 1/2015
411k16, CITY OF CITY HALL
33325 8th Avenue South
....,,,4* ,■.,....,, Federal Way Federal Way,WA 98003-6325
(253) 835-7000
www crtyoffederalway corn
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY ATTEST:
BY: � .I■I At/t 1 .1L_ 'UAL.rAo A Ji ■ , -ir Mayor 1 erk, Stephanie Co , CMC
oir DATE: ?j 3 t) S APPROVED AS TO FORM:
10,YX per ft
car City Attorney, Amy Jo Pearsall
LESSE::
' ' /27‘(*"
By:
N.talie A. Mayer Yeager
r
By: J;
RETURN TO:
CITY OF FED
EXT: ��^�/T',<-�
l,'
WAY LAW DEP.
1. ORIGINATING DEPT/DIV: PUBLIC WORKS /���)'�.�.���
2. ORIGINATING STAFF PERSON:_ rv �CC/'�/1�'G�C-!'� t�CC d I C'GCFYL EXT: o? /a �1 3. DATE REQ. BY:
4.
TYPE OF DOCUMENT (CHECK ONE�:
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS�
❑ ORDINANCE ❑ RESOLUTION
❑ CONTR
,� OTt�R
5. PROJECT
6. NAME OF CONTRACTOR: ���.�I•G>'��
ADDRESS: '- TELEPHONE:
E-MaiL: FAx:
siGrraTU� Na�: ��,e.(l�, J l�se�l� a� l�l�� [�� NL�'��el TiTLE: /.�Ss,P.e s�
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMI'ENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES � PRIOR CONTRACT/AMENDMENTS
CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / /
H. TERM: COMMENCEMENT DATE: �� aZ�/ �G'I C� COMPLETION DATE: 31 a✓�����IJ
9. TOTAL COMPENSATION: $ ��7t'G� �7Gr �� �G2{?: [ f l�j � � r 4 �� ��/ �INCLUDE EXPENSES AND SALES TAX, IF ANY�
�IF CALCULATED ON HOURLY L OR C RGE - ATTAC HEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES�
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMLJM DOLLAR AMOLTNT: $
IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT / CONTRACT REVIEW
...
D LTT' i�JLCT 1Y1H1VHUC.R
11-�1+�� � C� DEPUTY DIRECTOR
(�� , �, DIRECTOR
E�
,�������, � LAW DEPT
11. COUNCIL APPROVAL �IF APPLICABLE�
� ' �
a
.
' ��1 _ �1� •
��r.1,���
,;�.� . _
+��� �
COMMITTEE APPROVAL DATE:��
OUTING FORM
ITIITIAL / DATE APPROVED
l ,
/r/�e�j Ci� vYt �: � 1� ?P�y':
COUNCIL APPROVAL DATE: .� �� -S
12. CONTRACT SIGNATURE ROUTING ,�.e il.fi"'�'� .�"�� j
�SENTTOVENDOR/CONTRACTOR �''� �' «'I�'�'���� DATEREC'D: I
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
� ) �� LAW DEPT
� SIGNATORY( �,��,��-r'
�� - �
� � � �CITY CLERK
�I ASSIGNED AG #
�SIGNED COPY RETURNED
T�RETURN ONE ORIGINAL
��
���
INITIAL / DATE SIGNED
�, ��-�..��.
��3• i
AG# (_'��'�'���'� �� )
DATE SENT: � • ��� i I
k1
- 11/9
CITY OF
'�... Federal
• CITY HAL�
W �� 33325 8th Avenue South • PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www cityotfederalway com
AMENDMENT NO.1
TO
LEASE AGREEMENT
This Amendment ("Amendment No. 1") is between the CITY OF FEDERAL WAY, a non-charter optional
municipal code city organized and existing under the laws of the State of Washington, Lessor ("City"), and Pamela
R. Mayer, a married woman as her separate estate, Joseph E. Mayer, a married man as his separate estate, and
Natalie A. Mayer-Yeager, a married woman as her separate estate ("Lessee"). The City and Lessee (together
"Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Lease
Agreement for the Property located at 31042 53� Avenue SW ("Agreement") dated effective March 23, 2005 as
follows:
1. AMENDED TERM. The term of the Agreement, as referenced by Section 3 of the Agreement and any prior
amendments thereto, sha11 be amended and shall continue for its first additional five (5) year term commencing
March 23, 2010 ("Amended Term")
IN WITNESS, the Parties execute this Agreement below.
CITY OF FEDERAL WAY
By:
Skip Priest, ayor
DATE: ,/���.�'�/ �f �"�'II
,
ATTEST:
��_
City Clerk, Carol Mc eilly, C
APPROVED AS TO FORM:
..._._ s% �
,- y� z.
�-� . ,
. ,� _ 1
'�-, �,.�
City Attorney, Patncia A ichardson
B
N:
�
Mayer-Yeager
By: r
Pamela R. Mayer
,� �-
�=- � ,
By _ " _ �__ . ` ~-_''�_�
AMENDMENT NO. 1
-1-
1/2010
u
�
CITY OF
Federal UVay
MEMORAND UM
DATE: February 23, 2011
To: Skip Priest, Mayor
FxoM: Marwan Salloum, P.E., Deputy Public Works Director.
RE: Mayer Right of Way Lease Agreement Extension
�
�J
On March 15, 2005 the City Council approved a right of way lease agreement for approximately 3426 Sq ft on
53 Avenue SW with Mr. Kurt Mayer and his family. The proposed lease agreement is for five (5) years with
an option for renewal upon mutual written agreement of the parties of three additional five years renewal
terms. Mr. Mayer requested an extension of the lease for additional five years. The new lease cost for the
ne� five years is calculated at $20,218.65.
I DATE OUT: I TO: S Jil.a.y~n It U ofr )/t /
I
~\if\\ÛS CITY OF FEDERAL WAY LAW DEPARTMENT
REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP
DATE TN:
1.
CONTRACT SIGNATURE ROUTING
~LAW DEPARTMENT.. .....~../!-I/ is
'á':cITY MANAGER:3j J21 t~:)
~ITY CLERK g ¡;ZooS I {j ~5 -h r M"
)i([ SIGN C. OPY BACK TO OR. SINATING DEPT.
~SSIGNED AG# DS - 3 "']
D..£!lB.CHASIÞJC: PLE~SL GHARGF TO:
ex fl. bl/ I-¿-{'Ly-ztJ:-{L- !Jj24/0õ
COMMENTS
unt. tV) ;Z/J.g / t5
(t::iLÜL; J -AP1>jCvâI37/-?j£5
2.
4.
5.
6.
7.
8.
9.
10.
11.
ORIGINATING DEPT.lDlV: ---.fJ1~_.J Sf-y't'c'<;f5,__...._....--.
ORIGINATING STAFF PERSON: Mil VVVd lJ '5A.lJoll VJt /' EXT:;¡1 ;2.(
3. DATE REQ. BY,~~._--_._--_....-
TYPE OF DOCUMENT REQUESTED (CHECK ONE)
0 PROFESSIONAL SERVICE AGREEMENT 0 SECURITY DOCUMENT (E.G. AGREEMENT &
0 MAINTENANCE/LABOR AGREEMENT PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND)
0 PUBLIC WORKS CONTRACT 0 CONTRACTOR SELECTION DOCUMENT
0 SMALL PUBLIC WORKS CONTRACT (E.G. RFB. RFP, RFQ)
(LESS THAN $200,000) 0 CONTRACT AMENDMENT
0 PURCHASE AGREEMENT) 0 CDBG
(MATERIALS, SUPPLIES, EQUIPMENT) Þ(PTHER Leasel I\ltt> fìl('/tt. '. .
0 REAL ESTATE DOCUMENT ~fJ7(flIJ It'rF~I$ ~ Ctndrl¡c--ns
.' . "" 5turt TI~/?}1 l-lflSC)
PROJECT NAME: /t./lfii..jt'/ !?: {-{/)/...l...f ((,se/.At/ft- LJ11(,-IL-i-.-
J ..J
NAME OF CONTRACTOR: ^ A () I J /J ,II"'"
ADDRESS: ~' TELEPHONE
SIGNATURE NAME: fä tl1ilà -' ,I ..J (See J I '1--- A/tZ III T¡e7'7:{¡Z'~(-;~-;'---~lTLE ----L-£4.({/ ( ç
ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES )\ALL EXHIBITS REFERENCED IN DOCUMENT
D INSURANt:E CERI1FICATE D' DOCUMENT AUTHORIZING SIGNATURE
¿LPCT) h L y~ .f)',-t;... /1J ¿-it
TERM: COMMENCEMENT DATE: SIÚlltLfll'ìC' COMPLETION DATE: ,,) I ,:.Lv}'l vel, . -'
TOTAL COMPENSATION $'* 11, I '?~ 0 c fnm till '//«:cJr;,l;'ii?ýsES AND SA~ ~~, I~'1~~ -/ I'lL "-t.-
(IF CALCULATED ON HOURLY LABOR CHARGE ooAfTACH SCHEDULES' F EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: DYES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED 0 YES 0 NO IF YES, $ ---,....._,-~~~~_._- PAID BY: 0 CONTRACTOR 0 CiT '
AG#:
CONTRACT REVIEW INITIAL/DATE APPROVED
DP~~
0 ,D", ¡RECTOR - ,
0 RISKM T
0 LAW" --,.
INITIAL/DATE APPROVED
INITIALIDATE APPROVED
Jf-.
10/09/02
...
'.. .
ACr-;# 05-31
LEASE AGREEMENT
PARTIES.
THIS LEASE dated the ;;>~ay of ~, 2005, is between the
CITY OF FEDERAL WAY, a non-charter optional municipal eode city organized and
existing under the laws of the State of Washington, Lessor ("City"), 'and Pamela R.
Mayer, a married woman as her separate estate, Joseph E. Mayer, a married man as his
separate estate, and Natalie A. Mayer-Yeager, a married woman as her separate estate
("Lessee"), owners of the Property located at 31042 53rd Avenue SW, Federal Way, WA
98023 ("Adjacent Property") legal description attached as EXHIBIT A.
1.
2.
PREMISES.
The City hereby leases to Lessee, upon the following teITllS and conditions, the
premises ("Premises") located in the City of Federal Way, King County, Washington.
The Premises are comprised of approximately one thousand six hundred ninety (1,690)
square feet in the tram area and approximately one thousand seven hundred thirty-six
square feet in the boathouse and bulkhead area, for a total of approximately three
thousand four hundred twenty-six (3,426) square feet, and are legally described as
follows: . .
(See EXHIBIT B attached.)
The parties acknowledge that the Premises are a portion of 53rd Avenue South
West owned by the City and over which the City exercises governmental authority
pursuant to, inter alia, RCW 35A.47 and RCW 47.24, and Federal Way City Code
("FWCC") Chapter 13"
3.
TERM.
This Lease tenD shall be for five (5) years, commencing upon the date of issuance
of the building pennit for the tram, unless tenninated sooner pursuant to Paragraph 10, or
other provisions; of this Agreement. Upon the mutual written agreement of the parties,
this Lease may be renewed for three (3) additional five (5) year renewal tenus. Consent
to renewal shall be at the sole discretion of the City.
4.
RENT.
A. Rental Rate.
Lessee shall pay the City an annual rent of One Dollar ($1.00) per square foot per year,
for a total of Seventeen Thousand One Hundred Thirty and NO/I 00 Dollars ($17,130.00),
plus 12.84% leasehold excise tax, payable in advance on or before the first (1st) day of
Lease Agreement
K:/Public WorksIMayer Lease Agrmt
,
F
, ,
". .
the Lease tern1. All rents shall be made payable to City of Federal Way and are to be
received at the following address:
Director of Management Services
City of Federal Way
33325 8th Avenue South
P.O. Box 9718
Federal Way, W A 98063-9718
Said rental is exclusive of any sale, franchise, business or occupation, or other tax based
on rents. Should any such taxes apply during the life of this Lease, the rent shall be
increased by such amount.
B. Annual Rent Increase.
The rent shall be increased each renewal term (if any), by the amount of inflation'
as determined by the Consumer Price Index - Washington. Rent increases pursuant to
this paragraph shall commence on the first renewal term ofthis Lease.
5.
USE.
Lessee shall use said premises for the following purposes arid no other without
prior written consent of the City:
Operation, use, repair and maintenance of Tram, Boathouse, and Bulkhead as
shown on EXHIBIT C. Expansion of the existing uses described in EXHIBIT C
shall not be allowed.
6.
GENERAL TERMS AND CONDITIONS.
Attached hereto as EXHIBIT D and incorporated herein by reference are
"Federal Way General Terms and Conditions," which shall govern the obligations and
perfonnance of the parties under this Lease.
7.
INDEMNIFICATION.
Lessee agrees to indemnify, defend, and hold City, its elected officials, officers,
employees, agents, and volunteers harmless fTom any and all claims, demands, losses,
actions and liabilities (including costs and all attorney fees) to or by any and all persons
or entities, including, without limitation, their respective agents, licensees, invitees or
representatives, arising from, resulting from, or connected with this Agreement or the
Lessee's use of the Premises. -
Lease Agreement
K:lPubtic WorksIMayer Lease Agrmt
2
"
¡.,
8.
ENTIRE AGREEMENT - AMENDMENTS.
This printed Lease, together with the "Terms and Conditions" attached as
EXHIBIT D, and any and all Exhibits expressly incorporated herein by reference and
attached hereto shall constitute the whole agreement between the parties. There are no
terms, obligations, covenants or conditions other than those contained herein. No
modification or amendment of this Lease shall be valid or effective unless evidenced by
an agreement in writing signed by both parties.
9.
N OTI CES.
Required notices, except legal notices, shall be given in writing to the following
respective address:
To The City:
City Manager
City of Federal Way
33325 8th Avenue South
P. O. Box 9718
Federal Way, W A 98063-9718
With a copy to:
City Attorney
City of Federal Way
33325 8th Avenue South
P. O. Box 9718
Federal Way, W A 98063-9718
To Lessee:
Pamela R. Mayer, Joseph E. Mayer and Natalie A.
Mayer-Yeager
312 South 112th Street.
Tacoma, W A 98444
With a copy to:
Gordon Thomas Honeywell
Attn: WaITen J. Daheim or William E. Holt
1201 Pacific Ave., Suite 2100
P.O. Box 1157
Tacoma, W A 98401
Or to such other respective address as either party hereto may hereafter, from time to
time, designate in writing. Notices sent by mail shall be deemed to have been given
when properly mailed.
Lease Agreement
K:lPublic WorksIMaycr L..ea5c Agrmt
3
';
10.
TERMINATION
The City may terminate this Lease at any time, without prior notice, for any
public purpose. Upon termination, the Lessee shall remove all of its improvements [rom
the Premises pursuant to Section 12.
11.
VACATION OF RIGHT-OF-WAY.
In the event the City vacates all or a portion of the Premises pursuant to the
FWCC, this Lease shall be terminated for that portion of the premises vacated.
Termination shall be effective upon the effective date of the vacation ordinance adopted
under FWCC Section 13-103, as existing or as hereafter amended.
12.
REMOVAL OF FACILITIES
Upon the expiration, termination, or revocation of the rights granted under this
Lease, the Lessee shall remove all of its improvements fi'om the Premises within 90 days
of receiving notice from the Public Works Director to do so. Any costs inculTed by the
City in removing any improvements on the leased premises shall be a lien on the
Adjacent Property. Provided, however, that the City may pennit the improvements to be
abandoned in place in the City's sole discretion and in such a manner as the City may
prescribe. Upon pennanent abandonment, the improvements shall become the property
of the City.
IN WITNESS WHEREOF, the parties hereto have subscribed their names as of the
~day of ~ 2005.
LESSEE:
By <3 (1A7uh i( ¡¡lit1/) 1ft
Pamela R. Mayer
~< tj/
B
---
By
Lease Agreement
K:lPublic WorkslMayer Lease Agrmt
4
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LESSOR:
CITY OF FEDERAL WAY
',--- ,1
By
David H. Mosefey, City Manager
APPROVED AS TO FORM:
By
COUNTY OF
INGTON )
) ss.
On this day personally appeare efore me, ,
to me known to be the indivi al described in and 0 executed the foregoing
instrument, and on oath swore tha e/she/they execu the foregoing instrument as
his/her/their free and voluntary act and eed for the u and purposes therein mentioned.
GIVEN my hand and official seal t . s
day of
,200_.
(typed/printed' me of notary)
Notary Public in and for the State of
Washington.
My commission expires
Lease Agreement
K:lPl.lblic WorksIMayer Lease Agrmt
5
EXHIBIT A
LEGAL DESCRIPTrON or ADJACENT PROPERTY
LOT 16A, BLOCK I, HEALY PAUS¡\DES, ACCORDING TO THE PLAT THEREOf RECORDED
eN VOLUME 33 OF PLATS. PAGE 45, IN KING COUNTY. WASfHNGTON.
TOGETHER WfU{ THAT PORTION OF VACATED SW )( I [11 PLACE, ALSO KNOWN AS PARK
LANE, BY V ACATION ORDINANCE 5899 AS WOULD A 11'/\C([ ß Y OPERATION OF LA W-
LOT 14, BLOCK I, HEALY PAUSADES, ACCoeU)(NG TO PLAT RECORDED (N VOLUME 33 Ol~
PLATS, PAGE 45 rN KeNG COUNTY WASHfNGTON, EXCEPT THE SOUTHERLY 115 FEET
THEREOf AS MEASURED ALONG THE EAST UNE Of SAID LOT 14, AND THAT PO RTf ON OF
LOT 15 IN SAID BLOCK { DESCRIBED AS FOLLOWS:
BEGINNrNGON THE WESTERLY LrNE OF SAm LOT 15 AT A POrNT NORTH 15°06' WEST,
349.05 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 15; THENCE CONTfNUrNG
ALONG SAfD WEST LINE NORTH 15°06'WEST, 82.78 FEET; T~ENCE SOUTH 30°. EAST, 80
fEET; THENCE SOUTH 60° WEST, 21.29 FEET TO THE POfNT OF ßEGrNNfNG-
TOGETHER W[T[-{ THE FOLLOWrNG DESCRmED PAlZCEL:
BEGCNNING ON THE WESTERLY UNE OF SAfD LOT 15 AT A POrNT NI5°16'IO"W, 430.66
FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE S30° 1O'54"E, 30.67 FEET TO THE
TRUE PO£NT OF ßEGfNNrNG; THENCE CONTfNUfNG S3001O'54"E, 15.34 FEET; THENCE
NI2°n'30"W, 5A7 FEET; THENCE N39°28'30"W, 10.26 FEET TO THE TRUE PO£NT Of
BEGINNrNG.
EXCEPT THAT PORnON DESCRæEOAS FOLLOWS:
BEGlNNrNG ON THE WESTERLY LrNE Of SAID LOT 15 AT A POeNT NI5°16'10"W, 430.66
FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE S45°00'W, 2,,03 FEET; THENCE
S3)°53 '45"E, 30.22 FEET; THENCE N30° IO'54"W, 30.67 FEET TO THE TRUE POeNT Of
ßEGfNNING.
ALSO EXCEPT THAT PORT[ON DESCRmEO AS fOLLOWS:
COMMENCING AT THE SOVTHEASTERL Y CORNER OF SAID LOT 14; THENCE NI5°06'38"W,
ALONG THE LINE BETWEEN LOTS 14 AND 15, BLOCK 1 IN SAro PLAT OF HEALY
PAUSADES. 115.18 fEET TO THE rOfNT OF BEGfNNlNG OF TfUS DESCRfPnON; THENCE
CONTINUE NI5°06'38"W, 27.00 fEET; Tf-fENCE S48°00'OI"W, 53.13 fEET TO A POfNT ON THE
WESTERLY LrNE Of LOT 14, THENCE N78°28'30"E, PARALLEL W[Tff THE SOUTHERLY LINE
OF SAID LOT, 47,48 FEET TO THE ['oeNT Of ßEGrNNrNG-
(1298697 vOLdoç)
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EXHIBIT ß-l
LEGAL DESCRIPTION FOR
PROPOSED TRAM FACILITIES PERMIT AREA
CITY OF FEDERAL WAY, WASHINGTON
THAT PORTION OF 53RD AVENUE S"W. (AKA BEACH LANE) AS DEDICATED TO THE
PUBLIC ON THE PLAT OF HEALY PALISADES. AS RECORDED IN VOLUME 33 OF PLATS,
PAGE 45, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 14, BLOCK 1 OF SAID PU\T;
THENCE N14Q10'38'W. ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 143.37
FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE S14Q10'38"E ALONG SAID LOT LINE AND THE EASTERLY MARGIN OF SAID
STREET, A DISTANCE OF 39.00 FEET;
THENCE S38Q20'18'W. A DISTANCE OF 26.10 FEET;
THENCE S64Q35'OO'W, A DISTANCE OF 26.93 FEET, MORE OR LESS, TO THE WESTERLY
MARGIN OF SAID STREET; .
THENCE N25°2S'OO'W. ALONG SAID WESTERLY MARGIN, A DISTANCE OF 18.46 FEET,
MORE OR LESS, TO AN ANGLE POINT;
THENCE CONTINUING ALONG SAID WESTERLY MARGIN, N27°44'OO"W, A DISTANCE OF
2.71 FEET, MORE OR LESS, TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING
BEARS N38°20'18"E;
THENCEN38°20'18"E, A DISTANCE OF 64.75 FEET, MORE OR LESS, TO THE TRUE
POINT OF BEGINNING.
(CONTAINS 1,690 SQUARE FEET, MORE OR LESS, OR APPROXIMA TEL Y 0.04 ACRES.)
Prepared by BASELINE EngineE;ring, Inc.
BASELINE_Job No. 02-108
File Name: 02108- Tram Fa cilitíesPermitOesc. doc
Date: 10/18/2004
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EXHIBIT B. la
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EXH[ßIT B-2
LITGAL DESCRIPTION
PROPOSED DECK LEASE AREA
CiTY OF FEDERAL WAY, W ASIIINGTON
THAT PORTlON OF 53RD A VENUE S.W. (AKA BEACHLANE) AS DEDICATED TO THE
PUELlC, AND OF THE PARCEL LABELED "COMMUNiTY BEACH", ALL ON THE PLAT
OF HEALY PAUSADES, AS RECORDED fN VOLUME 33 OF PLATS, PAGE 45,
RECORDS OF KiNG COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNfNG AT THE SOUTHWEST CORNER OF LOT 14, BLOCK 1 OF SAm PLAT;
THENCE, ALONG THE WEST LfNE OF SAID LOT 14, A DISTANCE OF 318.00 fEET TO
THE TRUE POfNT OF BEGINNfNG OF THlS DESCRrPT'rON;
THENCE S50000'W A DISTANCE OF 37.00 FEET;
THENCE NI4°10'38"W A DISTANCE OF 52.00 FEET;
THENCE N50o00'E, A DISTANCE OF 38.81 FEET, MORE OR LESS, TO THE EASTERLY
LfNE OF SAID "COMMUNITY BEACH" PARCEL; .
THENCE SOooOO'W, ALONG SAID EASTERLY MARGIN, A DISTANCE OF 6.65 FEET,
MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 14;
THENCE SI4°10'38"E, ALONG THE WEST UNE OF SAID LOT, A DISTANCE OF 46.34
FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
(CONTAINS 1.736 SQUARE FEET. MORE OR LESS. OR APPROXIMATELY 0.04 ACRES)
(1298697 vOl.doc)
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MAYER TRAM EXTENSION
SITE PLAN
JON GRAVES ARCHITECTS & PLANNERS
SCALE: Ys" = 1'-0"
MARCH 7, 2005
PROJECT
NORTH
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EXHIBIT C
Pa e3
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8'-0" HIGH TRAM
TERMINUS LOCATION
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MAYER TRAM EXTENSION
SITE SECTION:;--.._:
SCALE: ra" = 1'-0"
MARCH 7, 2005
JON GRAVES ARCHITECTS & PLANNERS
EXHIBIT D
CITY OF FEDERAL WAY
GENERAL TERMS AND CONDITIONS
1.
LATE PAYMENT, TAXES, AND LICENSES.
A. LATE PAYMENTS. There will be a late collection charge of
twelve percent (12%) of the rent, per annum, for any de1inquent rental not de1ivered to
the City of Fcderal Way (the "City") by the tenth (10th) of the month in which rent is
due.
B. LICENSE AND TAXES. Lessee shall pay throughout the tem1 of
this Lease, all applicable taxes and all license and excise fees covering the business
conducted on the premises.
C. OTHER CONSIDERATION. No offset, reduction, or credit
toward rent shaH be allowed unless it is in writing and signed by the City Manager of the
City.
2.
COMPLIANCE WITH ALL LAWS AND REGULATIONS.
In using the premises, Lessee will comply with all applicable laws, ordinances,
and regulations of any and all authorities having jurisdiction. Lessee specifically agrees
to comply, and pay all costs associated with achieving such compliance, without any
notice of requirements from the City, and that the City does not waive this section by
giving notice of demand for compliance in any instance.
3.
IMPROVEMENTS AND ALTERATIONS.
A. Lessee shall make no alterations or improvements to or upon the
premises, or instaH any fixtures (other than trade fixtures which can be removed without
injury to the premises) without first obtaining written approval from the City.
B. Upon the expiration, tem1Ïnation, or revocation of the rights
granted under this Lease, the Lessee shaH remove all of its improvements or alterations
from the Premises within 90 days of receiving notice from the Public Works Director to
do so. Any costs incurred by the City in removing any improvements on the leased
premises shall be a lien on the Adjacent Property. Provided, however, that the City may
pennit the improvements or alterations to be abandoned in place in the City's sole
discretion and in such a manner as the City may prescribe. Upon pennanent
abandonment, the improvements or alterations shall become the property of the City.
Lease Agreement- General Terms and Conditions
K:/Public WorksIMayer Lease Agrmt
Exhibit D
, .
4. CONDITION OF PREMISES. Lessee has inspected and knows the
condition of the premises and it is understood and agreed that the premises are leased on
an "as is" basis without any obligation on the part of the City to make any changes,
improvements, or to incur any expenses whatsoever for the maintenance or repair of the
premises. The City does not warrant the suitability of the site for any purpose, including
the intended Use, and specifically does not warrant the suitability or stability of the soil
or slope for any use.
5. CONSTRUCTION DEFECTS. The City shall not be liable to Lessee
for claims or damages arising from any defect in the construction of or the present
condition of the premises, whether known or unknown, or for damage by stonn, rain, or
leakage or any other occurrence.
6.
MAINTEN AN CEo
A. Lessee shall, throughout the tenn of this Lease without cost or
expense to the City, keep and maintain the leased premises and all improvements,
landscaping, fixtures, and equipment which may now or hereafter exist thereon, in a neat,
clean, and sanitary condition and shall, except for reasonable wear and tear, at all times
preserve the premises in good and safe repair. Upon the expiration or sooner tennination
of the Lease; Lessee shall forthwith return the same in as go04 condition as existed at the
commencement of occupancy (ordinary wear and tear excepted).
B. If, after thirty (30) days' notice from the City; Lessee fails to
maintain or repair any part of the leased premises or any improvement; landscaping;
fixtures or equipment thereon; the City may; but shall not be obligated to; enter upon the
leased premises and perfonn such maintenance or repair, and Lessee agrees to pay the
costs thereof to the City upon receipt of a written demand. Any unpaid sums under this
paragraph shall be payable as additional rent on the next rent payment date due following
the written demand and will bear interest at the maximum rate allowed by Washington
State Law. Any unpaid sums and interest remaining after the rent payment due date shall
become a lien against the Adjacent Property.
7. INDEMNITY AND HOLD HARMLESS. Lessee agrees to indemnify
and hold the City hannless as provided herein to the maximum extent possible under the
law. Accordingly; Lessee agrees for. itself, its successors, and assigns, to defend;
indemnify, and hold hannless the City, its appointed and elected officials; arid employees
from and against liability for all claims, demands, suits, and judgments, including costs of
defense thereof for injury to persons, death, or property damage which is caused by,
arises out of; or is incidental to Lessee's exercise of rights and privileges granted by this
Lease. Lessee's obligations under this section shall include:
(a)
Indemnification for any and all claims;
(b) The duty to promptly accept tender of defense and provide defense
to the City at Lessee's own expense;
Lease Agreement - General Tenns and Conditions
K:lPublic WorksIMayer Lease Agnnt
Exhibit D
(c)
Indemnification of claims made by Lessee's employees, agents or
invitees; and
(d) Waiver of Lessee's immunity under the industrial insurance
provisions of Title 51 RCW, of which the waiver has been mutually negotiated by the
parties.
In the event it is necessary for the City to incur attorney's fees, legal expenses or
other costs to enforce the provisions of this section, all such fees, expenses and costs shall
be recoverable fÌ'om Lessee.
In the event it is detcnnined that RCW 4.24.115 applies to this Lease, Lessee
agrees to defend, hold hannless, and indemnify the City to the maximum extent pennitted
thereunder, and specifically for its negligence concurrent with that of the City to the full
extent of Lessee's negligence. Lessee agrees to defend, indemnify, and hold hannless the
City for claims by Lessee's employees and agrees to waiver of its immunity under
Title 51 RCW, of which waiver has been mutually negotiated by the parties.
8. LIABILITY INSURANCE. Lessee shall procure and maintain for the
duration of this Lease, insurance against claims for injuries to persons or damages to
property which may arise from, or in connection with Lessee's operation and use of the
premises at a level of no less than $2 million per occurrence, and the City shall be named
as additional insured on all such insurance policies.
A. OTHER INSURANCE PROVISIONS. The policy is to contain,
or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers
are to be covered as insured as respects liability arising out of premises rented or used by
Lessee.
2. Lessee's insurance coverage shall be primary insurance as
respects the City, its officers, employees, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers
shall be excess of Lessee's insurance and shall not contribute with it.
3. Any failure to comply with reporting provlslOns of the
policy shall not affect coverage provided to the City, its officers, officials, employees, or
volunteers.
4. Coverage shall state that Lessee's insurance shall apply
separately to each insured against whom claim is made or suit is brought except with
respect to the limits ofthe insurer's liability.
5. Insurance policy shall be endorsed to state that coverage
shall not be suspended, voided, cancelled, reduced in coverage or in limits, except after
. Lease Agreement - General Tenns and Gmditions
K:/Public WorksIMayer Lease Agrmt
Exhibit D
thirty (30) days' prior written notice by certified mail, return receipt requested, has been'
given to the City.
ß. ACCEPTABILITY OF INSURERS. Insurance is to be placed
with insurers with a Bests' rating of no less than A:XI.
C. VERIFICATION OF COVERAGE. Lessee shall furnish the
City with certificate(s) of insurance and with original endorsement(s) effecting coverage
required by this contract. The certificate and endorsement for each insurance policy are
to be signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements or each insurance policy are to be provided by the City and
are to be received and approved to the City before occupancy commences. The City
reserves the right to require complete certified copies of all required insurance policies at
any time.
9. RELEASE AND WAIVER. To the extent a loss is covered by insurance
in force, and to the extent the City is not indemnified for such loss by Lessee under
Section 7 above, the Lessee hereby releases the City from liability and waives aU right of
recovery against the City for any loss from perils insured against under the City's
respective fire or comprehensive general liability insurance policies, including any
extended coverage endorsements hereto; provided, that this Lease shall be incapable if it
would have the effect of invalidating any insurance coverage of the City.
10. SURRENDER OF PREMISES. At the expiration or earlier tennination
ofthis Lease, Lessee shall promptly surrender possession of the premises to the City.
11. DEFAULT AND RE-ENTRY. If any rents above reserved or other
obligations provided herein, or any part thereof shall be and remain unpaid when the
same shall become due, or if Lessee shall violate or default on any of the covenants and
agreements herein contained, the City may serve written notice to Lessee ordering
compliance and Lessee shall have thirty (30) days from receipt of such notice in which to
comply. If Lessee has not cured the default within 30 days of receiving notice from the
City of such default or, if such default is not curable within 30 days, if Lessee fails to
commence such cure within 30 days or fails thereafter to diligently pursue such cure to
completion, 'the City may immediately cancel this Lease and re-enter said premises using
such force as may be required.
12. ASSURANCE OF PERFORMANCE. In the event of a default in the
perfonnance of any obligation under this Lease that remains uncured for more than ten
(10) days after demand, the City may request and Lessee shall provide adequate
assurance of the future perfonnance of all obligations under this Lease. The adequacy of
any assurance shall be detennined according to commercially reasonable standards for
Lessors ofreal property in the County of King, State of Washington. Adequate assurance
shall include, but not be limited to, a deposit in escrow, a guarantee by a third party
acceptable to the City, a surety bond, or a letter of credit. Lessee's failure to provide
Lease Agreement - General Terms and Conditions
K:/Public WorksIMayer Lease Agrmt
Exhibit D
adequate assurance within twenty (20) days of receipt shall constitute a material breach
and the City may in its discretion tenninate this Lease.
13. ADVANCES BY THE CITY FOR LESSEE. If Lessee fails to pay any
fees or perfonn any of its obligations under this Lease other than payment of rent, the
City will mail notice to Lessee of its failure to payor perfonn. Twenty (20) days after
mailing notice, if Lessee's obligation remains unpaid or unperfonned, the City may pay
or perfonn these obligations at Lessee's expense. Upon written notification to Lessee of
any costs incurred by the City under this paragraph, Lessee will reimburse the City within
twenty (20) days.
14. NON-WAIVER. It is hereby agreed that no waiver of any condition or
covenant in this Lease or any breach thereof, shall be taken to constitute waiver of any
subsequent breach.
15. INSPECTION AND "FOR RENT" SIGNS. The City reserves the right
to inspect the premises at any and all reasonable times throughout the tenD of this Lease,
provided that the City shall not interfere unduly with Lessee's operations. The right of
inspection reserved to the City hereunder shall impose no obligation on the City to make
inspections to ascertain the condition of the premises, and shall impose no liability upon
the City for failure to make such inspections.
16. LIENS. It is understood and agreed that this Lease is executed and
delivered upon the express condition that Lessee will not and carmot contract any debt or
debts for labor, materials, services, or otherwise which will or may become a lien against
the interest of the City in the premises, or the City hereby denies to Lessee any right,
power, or authority to do any act, or contract any obligation or liability which would in
any way subject the interest of the City in the premises to any lien, claim, or demand
whatsoever.
17. LIENS BY CITY. If the City incurs any costs arising from any provision
of this Lease, the City may incorporate any unreimbursed costs or payments due into an
assessment lien on the Adjacent Property. The City shall certify to the county treasurer-
the confimled amount and notify Lessee in writing of the certification. The county
treasurer shall enter the amount of such assessment upon the tax rolls against the property
for the current year and the same shall become a part of the general taxes for that year to
be collected at the same time and with interest at such rates as provided in RCW
84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be
deposited to the credit of the general fund of the city. The lien shall be of equal rank with
the state, county and municipal taxes. The validity of any assessment made under the
provisions of this chapter shall not be contested in any action or proceeding unless the
same is commenced within 15 calendar days after the assessment is placed upon the
assessment roll.
c'
18. ASSIGNMENT OR SUBLEASE. Lessee may not assign this Lease nor
transfer occupancy of the Premises or use or ownership of any improvements installed
thereon, in whole or in part, without the prior written consent of City.
Lease Agreement ~ General Terms and Conditions
K:/Public WorksIMayer Lease Agrmt
Exhibit D
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19.
CONDEMNATION.
A. The City and Lessee will give to the other immediate written
notice of the receipt of notice of any proceedings with respect to a condemnation and of
any intention of any authority to exercise the power of eminent domain.
B. If all of the premises are taken by any lawful authority under the
power of eminent domain for a period which will end on or extend beyond the expiration
of the tenn of this Lease, this Lease tenninates as of the date condemner takes
possession, and Lessee will have no claim or interest in- or to any award of just
compensation except that Lessee will be entitled to an amount equal to the fair market
value of Lessee's leasehold interest in any improvement taken by the condemner made to
the premises by Lessee, but not to exceed the amount of that part, if any, of the award
attributable to the value ofthe improvements.
C. If part of the premises is taken by any lawful authority under the
power of eminent domain for a period which will end on or extend beyond the expiration
of the tenn of this Lease, the City or Lessee may choose to tenninate this Lease as of the
date the condemner takes possession. If neither the City nor Lessee elects to tenninate
this Lease, the rent will be reduced in the same proportion that the value of the portion of
the premises to be taken bears to the value of the entire premises as of the date
condemner takes possession. Lessee will have no claim or interest in or to any award of
just compensation or damages except that Lessee will be entitled to an amount equal to
the fair market value of Lessee's leasehold interest in the part taken by the condemner of
any improvements made to the premises by Lessee, but not to exceed the amount of that
part, if any, of the award attributable to the valueofthe improvements.
D. If temporary use of all or a portion of the premises is taken by any
lawful authority for a period which would reduce the leasehold and, consequently, would
cause the premises to be untenantable for the use by Lessee fot the purposes set forth in
the section of this Lease title "Use," then, at Lessee's determination, the City or Lessee
may choose to tenninate this Lease. If the City or Lessee elect to tenninate the Lease, the
Lease will tenninate the date the condemner takes possession and Lessee will have no
claim or interest in or to any award of just compensation except that Lessee will be
entitled to an amount equal to the fair market value of Lessee's leasehold interest in any
improvements made to the premises by Lessee. If neither the City or Lessee elects to
tenninate this Lease, the Lease will continue in full force and Lessee will be entitled to
receive any award form condemner for the use of all or part of the premises, EXCEPT
that Lessee may elect to have the rents reduced by the amount proportionally attributable
to any partial temporary taking, in which event Lessee shall not be entitled to any portion
of the award attributable to said use.
E. It is understood and agreed that Lessee shall not be party to any
negotiation or proceedings at law wherein the City claims compensation other than that
which is defined statutorily as constituting "just compensation."
Lease Agreement - General Tenns and Conditions
K:/Publie WorksIMayer lease Agrmt
Exhibit D
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20. ANTI-DISCRIMINATION. In all services or activities and all hiring or
employment made possible by or resulting from this Lease, there shall be no
discrimination against any employee or applicant for employment because of sex, age
(except minimum agc and retirement provisions), race, color, creed, national origin,
martial status, sexual orientation, or the presence of any sensory, mental, or physical
handicap, unless based upon a bona fide occupational qualifications. This requirement
shall apply to but not be limited to the following: Employment, advertising, layoff or
termination, rates of payor other forms of compensation, and selection for any of the
terms of RCW 49.60, Title VII of the civil Rights Act of 1964 or any other applicable
federal, state, or local law or regulations regarding non-discrimination. Any violation of
this provisions shall be considered a violation of a material provision of this Lease and
shall be grounds for cancellation, termination, or suspension, in whole or in part of the
Lease by the City and may result in ineligibility for further City agreements.
21. HEIRS, AGENTS, AND ASSIGNS. Subject to and without limiting any
provisions of this Lease pertaining to assignment and subletting, the provisions of this
Lease bind the heirs, successors, agents and assigns of any ofthe parties to this Lease.
22. CAPTIONS. The captions in this Lease are for convenience only and do
not in any way limit or amplify the provisions of this Lease.
23. TIME IS OF THE ESSENCE. Time is of the essence of this Lease, and
in the event of the failure of Lessee to pay any charges at the time in the manner herein
specified, or to keep any of the covenants or agreements herein set forth, Lessee shall be
in default.
24. CUMULATIVE REMEDIES. No provision of this Lease precludes the
City from pursuing any other remedies for Lessee's failure to perform its obligations.
Further, this Lease may be enforced at both law and equity. Damages are not an adequate
remedy for breach.
25. ATTORNEYS' FEES/COLLECTION CHARGES. In the event legal
action is brought by either party to enforce any of the terms, conditions, or provisions of
this Lease, the prevailing party shall recover against the other party in addition to the
costs allowed by law, such sum as the court may adjudge to be reasonable attorneys' fees.
26. HOLDING OVER If Lessee holds over after the expiration or earlier
termination of the term hereof without the express written consent of the City, Lessee
shall become a tenant at sufferance only at a rental rate equal to one hundred fifty percent
(150%) of the rent in effect upon the date of such expiration (prorated on a daily basis),
and otherwise subject to the terms, covenants, and conditions herein specified so far as
applicable Acceptance by the City of rent after such expiration or earlier termination
shall not result in a renewal of this Lease, nor affect the City's right of re~entry or any
rights of the City hereunder or as otherwise provided by law. If Lessee fails to surrender
the premises upon the expiration or termination of this Lease despite demand to do so by
the City, Lessee shall indemnify, defend, and hold the City hannless from all loss or
liability including, without limitation, any claim made by any succeeding tenant founded
Lease Agreement,... General Tenns and Conditions
K:/Public WorkslMayer Lease Agrmt
Exhibit D
. .
on or resulting from the failure to surrender, and including without limitation any design,
engineering, construction or other costs for construction, installation, modification or
alteration of street, sidewalk or related improvements within the Premises or' within the
53rd Avenue South right-of-way, attributable to or resulting from the failure to surrender.
Lessee's indemnification herein shall be together with interest, attorney's fees, and costs.
27. HAZARDOUS SUBSTANCES. Lessee shall not without first obtaining
the City's proper written approval, generate, release, spill, store, deposit, transport, or
dispose of (collectively referred to as "Release") any hazardous substances, sewage,
petroleum products, radioactive substances, medicinal, bacteriological, or
disease-producing substances, hazardous materials, toxic substances or any pollutants or
substances defined as hazardous or toxic as defined and in accordance with applicable
federal, state, and local laws and regulations in any reportable quantities ("Hazardous
Substances") in, on, or about the premises. In the event, and only in the event, the City
approves such Release of Hazardous Substances on the premises, Lessee agrees that such
release shall occur safely and in compliance with all applicable federal, state, and local
laws and regulations. Lessee shall indemnify and hold the City hannless fonn any and all
claims, liabilities, lawsuits, damages, and expenses, including reasonable attorneys' fees
(hereinafter "Claim") for bodily injury or death, property damage or loss, or cleanup
costs arising out of this Lease to the extent such injury, death, damage, loss, or costs are
caused by the Release by Lessee or any of its agents, representatives or employees in, on,
or about the premises occurring during the tenn of this Lease.
Lessee shall be fully and completely liable to the City for any and all clean-up
costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any
governmental authority with respect to Lessee's use, disposal, transportation, generation
and/or sale of Hazardous Substances in or about the premises, common areas, or
buildings. Lessee shall indemnify, defend, and save the City harmless from any and all
of the costs, fees, penalties, and charges assessed against or imposed upon the City (as
well as the City's attorney's fees and costs) as a result of Lessee's use, disposal,
transportation, generation and/or sale of hazardous substances.
Upon Lessee's default under this Section, the City shall be entitled to the
following rights and remedies:
(a)
At the City's option, to tenninate this Lease immediately; and/or,
(b) To recover any and all damages associated with the default,
including, but not limited to clean-up costs and charges, civil and criminal penalties and
fees, adverse impact on marketing a space in the building, loss of business and sales by
the City and other tenants of thc building, diminution of value of the premises and/or
building, the loss or restriction of useful space in the premises and/or building, any and
all damages and claims asserted by third parties and the City's attorney's fees and costs.
Lease Agreement - General Terms and Conditions
K:/Public WorksIMayer Lease Agrmt
Exhibit D
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28. SEVERABILITY. If any tenn or provision of this Lease or the
application of any tenn or provision to any person or circumstance is invalid or
unenforceable, the remainder of this Lease, or the application of the tenn or provision to
persons or circumstances other than those as to which it is held invalid or unenforceable,
shall not be affected and will continue in full force.
END OF GENERAL TERMS AND CONDITIONS
Lease Agreement - General Terms and Conditions
K:lPoblic WorksIMayer Lease Agrmt
Exhibit D
