HomeMy WebLinkAbout1996 - Parking Agreement - Northwest Volleyball Inc / Sound Floor Covering - 96103011369610301136
PARKING AGREEMENT
THIS AGREEMENT, made and entered into by and between NORTHWEST
VOLLEYBALL, INC., and SPORTS FOR YOUTH FOUNDATION, hereinafter referred to as
"Permittee ", and SOUND FLOOR COVERING, INC., hereinafter referred to as "The
Property "; and THE CITY OF TUKWILA, hereinafter referred to as "The City ".
WITNESSETH
Permittee is requesting permission to enter the property, as legally described and set forth
in Exhibit A, attached hereto, for t� i urposes jo roviding additional off - street parking for
' F'''� 184'61th is Avenue in Tukwila, Washington and as
Permittee's sports complex locate y p g
further described in Exhibit B, attached hereto; and
The additional off - street parking provided under this Agreement is necessary to meet the
City of Tukwila's parking standards for Permittee's sports complex and the City of Tukwila has
indicated it will not approve the Permittee's project unless some provision is made for meeting
the City's standards; and
voi The Permittee intends this Agreement to meet the City of Tukwila's parking standards
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and the Permittee and the Property acknowledge that continuation of this Agreement is necessary
for that purpose; and
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t0 The City is desirous of having this agreement memorialized of record and is concerned
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with the health and safety and occupancy of the building to be owned by Permittee and enforcing
various occupancy and safety regulations thereto; and
WHEREAS the parties hereto are willing to enter into the following agreement wherein
The Property grants to Permittee permission to use its property, as described herein, for the
purposes of parking as hereinafter set forth upon the following terms, conditions and agreement
as accepted by all parties:
1. The Property will provide to Permittee at no charge, parking spaces for the
participants of Permittee's sports complex. This use shall be during the evening and
weekend hours, which shall be determined to be after 5:00 p.m. through 6 :00 a.m.
weekdays and after 5:00 p.m. Friday through 6:00 a.m. Monday, considered hereinafter
to be termed weekends. During these hours as described herein, the parking spaces
hereinafter delineated shall be available for Permittee's use for vehicle parking. This
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agreement covers, u er of parking spaces available to Permittee.
2. Permittee shall at all times comply with the Sound Floor Covering, Inc.'s security
and safety rules and will comply with the directions of Sound Floor Covering, Inc.'s
security personnel.
3. Permittee will limit its use of the Property to the above - described parking spaces
to be made available during the times and hours as set forth above.
4. Permittee will indemnify, defend, and hold harmless Sound Floor Covering, Inc.
and its subsidiaries and their respective directors, officers, employees, agents, attorneys,
and assigns (hereinafter "Indemnitees ") from and against all actions, causes of action,
liabilities, claims, suits, penalties, fines, judgments, liens, awards, and damages for any
kind whatsoever (hereinafter "Claims "), for injury to or death of any person including
with out limitation claims brought by employees or invitees or Permittee or employees
or invitees of any Contractor of Permittee (hereinafter "Contractor "), or damage to or
loss of any property or clean up of any discharge or release by Permittee or any
Contractor, and expense, costs of litigation, and reasonable attorneys fees related thereto,
or incident to establishing the right to indemnification, to the extent such Claims arise
out of or are in any way related to this permit or the presence on the Property of
Permittee, any Contract or their respective employees or invitees.
5. Permittee shall carry and maintain, and shall ensure that any Contractor carries
and maintains, General liability insurance with available limits not less than One Million
Dollars ($1,000,000) general aggregate policy. Second Floor Covering, Inc. shall be
listed as ( "Additional Insured "). Additionally Permittee shall be responsible for any and
all damage done to parking lot and landscaping while being used by their patrons.
6. This additional parking shall be available through September 1999. Permittee or
The Property may at any time terminate the above agreement by providing a thirty (30)
day written notice of termination, which must also be given to the City of Tukwila.
7. At the termination of this Agreement, whenever that occurs, Permittee agrees to
restrict the occupancy of their building to such numbers as are commensurate with the
parking spaces then available for use with the building owned by Permittee as recognized
by the City of Tukwila. Permittee understands that termination of this Agreement may
render Permittee's sports complex out of compliance with the City's zoning code and
parking standards and may subject Permittee to enforcement action by the City, including
fines. Permittee further understands that the restriction on occupancy which may become
necessary if this Agreement is terminated could result in the operation of the sports
complex becoming unfeasible and agrees that the City has made no representations as to
relief from the City's parking standards in such case.
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8. Permittee and The Property hereby agree to defend, indemnify and hold the City
of Tukwila harmless from any and all liability whatsoever connected with the use of The
Property's parking spaces by Permittee and as to any and all consequences which may
flow from this Agreement as it relates to the City of Tukwila, not only in regards to
occupancy of Permittee's building, but as to any and all liability which may be created
on either party as it relates to parking, and the City of Tukwila's rules, laws and
regulations.
9. The City of Tukwila should have the right, but not the obligation, to enforce the
terms of this agreement against The Property or Permittee.
10. In the event it shall become necessary for any party to refer this Contract or the
enforcement of any of its terms to an attorney, the prevailing party shall be entitled, in
addition to the other remedies as provided herein, to reasonable attorney's fees together
with the cost of court proceeding, as well as any other customary costs and charges of
suit, which sums shall be included in any judgment or decree entered in this matter and
which shall bear interest at the lawful rate provided for judgments. Venue for any action
brought under this Agreement shall be in the county wherever the property subject to this
Agreement, or any part thereof, is located. This Contract shall be governed by the laws
of the State of Washington.
11. This Agreement shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, successors, assigns and legal representatives. If any
paragraphs or terms or conditions of this Contract are declared illegal or unenforceable,
it shall not invalidate the effect and legality o e remainder of the provisions hereunder.
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DATED this Z day of September, 1996.
SPORTS FOR YOUT , OUNDATION
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By: ti �; ! ► %/t "
NORTHWEST VOL
By:
-
YBALL, INC.
PERMITTEE
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SOUND FIB OR COVERING, .. INC.
By:
THE PROPERTY
8610301136
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THE CITY OF TUKWILA
By:
THE CITY
STATE OF WASHINGTON
)
County of )61 )
On this day personally appeared before me J ah rs . k -4• 1e w, q , to me known
to be the -Te ts i z1 et.,* of SPORTS FOR YOUTH FOUNDATION, the
corporation that executed the foregoing instrument, and acknowledged that said instrument to
be the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he /she was authorized to execute the said instrument.
DATED: QcAt>bev z S , 1996.
ss.
Printed Name: Nov•.4 1 bai t cw S (AN
NOTARY PUBLIC for the State of Washington
My appointment expires:
STATE OF WASHINGTON
)
) ss.
County of k: n )
On this day personally appeared before me .1-01'w. , to me known
to be the U ;te Qci s4d.r,1 of NORTHWEST VOLLEYBALL, INC., the
corporation that executed the foregoing instrument, and acknowledged that said instrument to
be the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he /she was authorized to execute the said instrument.
DATED: ociolnwt "a. S , 1996.
Printed Name: Movw,o, C . M ca`EivwSo•
NOTARY PUBLIC for the State of Washington
My appointment expires: 1-1.11 -4? rt
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9610301136
STATE OF WASHINGTON )
) ss.
County of 16 h c� )
On this day personally appeared before me Ie+ t t k. , to me known
to be the CAa:e■mc C E D of SOUND FLOOR COVERING, INC., the
corporation that executed the foregoing instrument, and acknowledged that said instrument to
be the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he /she was authorized to execute the said instrument.
DATED: (3criobeT OS , 1996.
Printed ame: 111 c rw,n M
NOTARY PUBLIC for the State of Washington
My appointment expires:
STATE OF WASHINGTON )
) ss.
County of )
On this day _eersona1j appeared before me 5+ u e. l.r�- ..c(.-re i� to me known
to be the °+ �rtof THE CITY OF TUKWILA, and acknowledged that
said instrument to be the free and voluntary act and deed of said City, for the uses and purposes
therein mentioned, and on oath stated that he /she was authorized to execute the said instrument.
DATED: 1c) e.,,- , 1996.
Printed Name: C sr—{
NOTARY PUBLIC for the State of Washin tonn/
My appointment expires: '
5
That portion of Lot ] 1 of the Plat of Southcenter South Industrial Park according
to the Plat thereof recorded in Volume 97 of Plats, on Pages 22, 23, 24 and 25,
records of King County, Washington, described as follows:
Beginning at the Northeast corner of said Lot 11; thence South 11°23'50" West
along the East line of said Lot 11 a distance of 19.42 feet to the true point of
beginning; thence continuing South 11°23'50" West a distant. of 106.17 feet;-.'
thence along a curve to the right having a radius of 50.00 fat, an arc distance of
69.92 feet through a central angle of 79°47'00"; thence North 88°49'10" West a
distance of 215.51 feet; thence North 15 °37'46" West a distance of 66.01 fed;
l,,,4 thence along a curve to the right having a radius of 459.28 feet, an arc distance of
N 114.60 feet through a central angle of 14 °17'48 "; thence North 01 °19'58" West a
distance of 28.00 feet; thence South 78°36'10" Fast a distance of 32825 feet to
the tare point of beginning.
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96iO3O1136 .
LEGAL DESCRIPTION
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Plat Name: SOUTRCENTER SOUTH INDUSTRIAL PARK Vol /Page: 097/022
Legal: Lot 13-14
LOT 13 -14 SOUTHCENT'ER SOUTH INDUSTRIAL PARK SEG SE COIL LOT 13 TH N 1
1 -23 -50 E 25.58 P1' TO TPOB TH N 78 -36 -10 W 511.04 PT TO W BURY LOT 1
3 TA ALG SD W WRY N 43 -17 -00 L 71.16 ET TS N 34 -05 -00 E 99 FT TO P
26 -27 -00 E 98 PT TH N 20 -26 -00 R 100 FT TR M 15 -42 -00 E 99 PT TH N 1
1 -32 -00 E 100 FT TH N 09 -15 -00 B 97 FT TH N 10 -51 -00 E 82.30 FT TH S
78 -36 -10 E 390.87 FT TO W MK OLYMPIC AVE S TH S 11 -23 -50 W 723.10 F
T TO TPOB AEA BORY LN ADJ NO BLA 6 -77