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HomeMy WebLinkAboutPlanning 2018-03-08 Item 4 - 13310 Interurban Avenue South Design Review and Variance - Attachment F: Applicant Lease Agreement with Seattle City LightATTACHMENT F CITY OF SEATTLE - CITY LIGHT DEPARTMENT TEMPORARY PERMIT P.M. #230415-I-417 THIS PERMIT is issued by THE CITY OF SEATTLE, a Washington Municipal Corporation acting through its CITY LIGHT DEPARTMENT ("City"), to STEVE PETERSON (PETERSON 76) ("Permittee"), for temporary use of a portion of the City's fee -owned transmission line corridor property ("Premises") described as follows: Permitted Area: That portion of the City of Seattle, City Light Department Fee Owned Property located in the Northeast quarter of Section 15, Township 23 -North, Range 4 -East, W.M., as described on "Exhibit A" and generally depicted on "Exhibit B" attached hereto and by this reference incorporated herein. Total of approximately 3,740 square feet. TERMS AND CONDITIONS 1. Use. Permittee's temporary use of the Premises shall be as follows: Drive aisle, one 12 foot by 5 foot sign not to exceed 18 feet in height, and landscaping. Improvements not to exceed the approved construction plans "Peterson's 76 Station" dated 09/22/2016. 2. Term. The term of this Permit shall begin on January 1, 2018, and shall continue on a month-to-month basis until December 31, 2020, or until cancelled by either party as provided in Section 23 herein, whichever occurs first. The term may be extended by mutual written agreement of the Parties through amendment to this Permit. 3. Rent. The Permittee agrees to pay the following fees for its temporary use of the Premises as above stated: a. Initial Base Rent. The initial base rent for the Premises shall be Four Thousand Four Hundred Eighty -Eight Dollars ($4,488.00) per year, payable in advance. b. Leasehold Excise Tax. Permittee shall pay leasehold excise tax, levied by the State of Washington in the amount of 12.84% of the monthly base rent, or at any revised rate as may be established by law, with the rent. At the initial rent of $4,488.00, the leasehold excise tax amounts to Five Hundred Seventy -Six Dollars and Twenty -Six Cents ($576.26) per year. The total initial annual rent including leasehold excise tax is Five Thousand Sixty -Four Dollars and Twenty -Six Cents ($677.04). c. Base Rent Review and Adjustment. The base rent shall be reviewed and adjusted on December 31, 2020 and every three (3) years on December 1" thereafter should the term be extended by written amendment to this Permit. Adjustments to the base rent will be based on the fair market value of the underlying land and the City's expected rate of return. Under no circumstances will the base rent be decreased. d. Base Rent Annual ion.. The Base Rent for this Permit shall increase 3% per year beginning January 1, 2019 and every January 15t thereafter. For example, base rent plus leasehold excise tax for the years 2019 and 2020 is calculated as follows: January 2019 $4,622.64 + $593.55 = $5,216.19 (Rent + Excise Tax) January 2020 $4,761.32 + $611.35 = $5,372.67 (Rent + Excise Tax) 59 e. To assure proper posting of payments, Permittee shall note on its checks "City Light Permit P.M. #230415-1-417, and include the payment stub from the invoice. f. Permittee hereby agrees that, in case of an increase in rent or other fees, all other provisions of this Permit shall remain in full force, changed only by such alterations in amount of rent or other fees and not otherwise. Permittee further agrees to pay the correct amount of total rent due irrespective of any billing statement Permittee may receive from the City, and without prompting from the City. 4. Taxes and Other Fees. Permittee shall pay all license, excise and occupation taxes in connection with Permittee's business conducted on the Premises, and all taxes on the Permittee's interest created by this Temporary Permit. 5. Buildings or Structures. No building or permanent structure shall be constructed, placed, or allowed to remain upon the Premises. No ponds, ditches or open water retention facilities of any kind shall be constructed, created, or allowed to remain on the Premises. 6. Cuts or Fills. Permittee agrees to submit plans furnishing details of any new blacktopping, grading, cuts, or fills for approval by the CEO and General Manager of City Light, or his representative, prior to the undertaking of any such blacktopping, grading, cut or fill operation on the Premises. Other than those included in already approved plans. The City reserves the right to prohibit grading or filling on the Premises. 7. Damage to Permittee's Property. Permittee agrees that the City shall not be liable for any damage to Permittee's personal property by reason of any construction, alterations, maintenance or improvements made or performed within the Premises by the City, its agents or representatives. 8. Other Uses. Permittee agrees not to use the Premises for any other purpose whatsoever than as set forth above and agrees that the CEO and General Manager of Seattle City Light shall be the sole judge of any conflict or violation of such use as above stated. 9. Permit for Use of Premises Only. This Permit is for use of the Premises only and shall not be construed to replace or be used in lieu of any permits or licenses which may be required, granted, or supervised by any other subdivision of government charged with licensing, policing, or supervising the operations of the Permittee. 10. Zoning. Permittee agrees that use of the Premises must be consistent with applicable zoning laws and regulations; where the proposed use is not consistent with said laws and regulations, said use is made conditional upon the Permittee obtaining conditional zoning or a zoning variance if necessary. 11. Pro u erty Condition. Permittee agrees to maintain the Premises occupied or used in an orderly, fit and sanitary condition. At the termination of this Permit, Permittee shall restore the Premises to as good a condition or better than that which existed prior to issuance of this Permit. 12. City's Access. The Permittee shall not at any time interfere with the City's access to, over, or through the Premises. 13. Non -Exclusivity. Where this permit is issued for access, it shall not be deemed or held to be an exclusive permit, or prohibit City Light from granting other permits of like or other nature, or interfere with the City's use of the Premises, or affect the City's jurisdiction over all or any part thereof. 14. Access Road Maintenance. To avoid damage to Permittee's access road, if any, the City recommends that the Permittee maintain all access roads to American Association of State Highway and Transportation Officials H-93 loading standards (heavy loading). 15. Vehicles. Equipment, Signs. The Permittee agrees to not to allow vehicles or other equipment within five (5) feet of any pole or within ten (10) feet of any tower within the 60 Premises and to maintain at least a 15 foot vertical clearance from power lines. Permittee further agrees not to place signs or any material or objects whatsoever against any transmission line, tower, or pole. 16. Protection of Citv Facilities. Permittee agrees to install and maintain protection such as guard posts or ecology blocks for the protection of electrical transmission line poles/towers located on said property in a manner approved by the CEO and General Manager of Seattle City Light or his/her representative. 17. Warning Signs. The City reserves the right to require the Permittee to place signs or other warning devices of hazards if any governmental agency or the City determines such hazards exist. 18. Laws and Regulations, The Permittee agrees to comply with all Federal, State and local electrical safety laws and regulations. 19. Indemnification and Insurance. a) Permittee agrees to indemnify and hold harmless The City of Seattle from all claims, actions or damages of every kind and description, including all claims, actions or damages brought by Permittee's employees, contractors, agents, representatives, tenants, or invitees, which may accrue from or be suffered by reason of Permittee's use of the Premises, the performance of any work in connection with such use, or Permittee's breach of any of its obligations under this Permit. In case of any suit or action brought against the City arising out of or by reason of any of the above causes, Permittee shall, upon notice to Permittee of the commencement of such action, defend the same at no cost or expense to the City, and Permittee will fully satisfy any judgment rendered in said action adversely to the City, except to the extent of the negligence or willful misconduct of the City, its agents or representatives. By this indemnity provision, the Permittee expressly waives any immunity its businesses may have from claims by its businesses' employees under any workers' compensation or industrial insurance law arising out of workplace injuries, as defined under RCW 51.24.030, in connection with Permittee's use of the Premises. b. The Permittee shall obtain and maintain continuously for the term of this Permit, at its own expense, an occurrence form Commercial General Liability insurance policy covering the use of the property by the Permittee. Minimum limit of liability shall be $2,000,000 each occurrence combined single limit bodily injury and property damage. Such insurance shall include "the City of Seattle" as an additional insured for primary and non-contributory limits of liability , and shall not canceled unless no less than thirty (30) days prior written notice is provided to the City, except ten (10) days notice with respect to cancellation for non-payment of premium. Failure to maintain required insurance shall be considered a material breach of contract, subject to the remedies laid out in Paragraph 25 below. The permittee shall send certification of insurance meeting the minimum coverages, limits and terms as specified above to: Seattle City Light, Real Estate Services 700 Fifth Avenue, Room 3325 P.O. Box 34023 Seattle, Washington 98124-4023 Such certification shall include an actual copy of the policy provision(s) documenting that "The City of Seattle" is an additional insured for primary and non- contributory limits of liability. 20. Inspection. The CEO and General Manager of City Light, or his representatives, shall have the right at all times to inspect said Premises for the purpose of observing the conditions thereof, and the manner of compliance by the Permittee with the terms and conditions of this Permit. 61 21. Right to Suspend. The CEO and General Manager of City Light shall have the right at all times to suspend any or all operations on the Premises which he deems to be detrimental to the best interest of the City or the public. 22. Hazardous Materials. Permittee covenants and agrees that neither they, nor their employees, contractors, agents, or invitees will store, dump, bury or transfer any hazardous substances, flammable materials, inoperable vehicles, chemicals, oils, fuels, or containers for said substances, chemicals, oils, fuels, etc., on the Premises, and shall comply with all Federal, State and local environmental laws and regulations. 23. Cancellation. This Permit may be cancelled at any time upon 180 -day written notice by either party to the other party, mailed to the other party's last known address. 24. Temporary Nature of Permit. Permittee understands and agrees that Permittee's status under this Permit is only that of temporary licensee, with term permitted temporary use of the Premises limited by the terms of this Permit and the City's need to use the Premises and Permittee also understands and agrees that cancellation or non -renewal of this Permit for any reason whatsoever shall not place any obligation on the City to provide Permittee any alternative rental property or facilities. This Permit vests no permanent property rights in the Permittee and cancellation or non -renewal thereof does not render Permittee a "displaced person" as defined under RCW 8.26.020 or Chapter 20.84 Seattle Municipal Code. 25. Violation of Terms. Should the Permittee violate, breach or fail to keep or perform any covenant, agreement, term or condition of this Permit, Permittee shall forfeit any and all rights herein Permitted, and the City shall have the right to immediately cancel and terminate said Permit and all of the Permittee's rights hereunder without liability for loss or damage that the Permittee may thereby sustain; and upon termination of this Permit, the Permittee will vacate the Premises and remove its personal property therefrom. 26. Removal of Personal Property. Permittee shall remove all of its personal property from the Premises on or before the termination date of this Permit. If Permittee fails to remove such personal property on or before the termination of this Permit, the same shall, at the City's option, become a part of the realty and the property of The City of Seattle, or the City may, at its election, remove the same without Liability to the Permittee for loss, injury or damage thereto, and the cost of such removal and restoration of said premises to their former condition shall be paid by the Permittee to the City upon demand. 27. Survival. All of the licensing, Permitting, tax and other legal requirements or obligations incurred by the Permittee hereunder shall survive the cancellation or termination date of this Permit. All of the indemnification and hold harmless provisions, as well as the hazardous substance covenant, of this Permit shall survive the cancellation or termination date hereof. 28. Assignment. This Permit is not transferable or assignable, in whole or in part, nor may any portion of the rented premises be sublet, without the express written approval of the CEO and General Manager of City Light, or his representative. This space intentionally left blank, signature page follows. 62 GRANTED this day of , 2018. FOR THE CITY OF SEATTLE CITY LIGHT DEPARTMENT: By: Maureen L. Barnes Real Estate Manager ACCEPTED: PERMITTEE: PETERSON 76 By: Steve Peterson Title: 63 RA Exhibit A 2.30(1/5-- r- q,7 LEASE AREA DESCRIPTION THE NORTHEAST 39.3 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND: THAT PORTION OF THE SEATTLE CITY LIGHT FEE OWNED PROPERTY KNOWN AS KING COUNTY TAX PARCEL NO. 000300-0032, LYING IN THE SE QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., TOTALING APPROXIMATELY 7,405 SQUARE FEET, AS GENERALLY DEPICTED ON EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. CONTAINING 3,628 SQUARE FEET MORE OR LESS; TOGETHER WITH THAT PORTION OF SAID TRACT DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF 48TH AVENUE SOUTH WITH THE NORTHEASTERLY RIGHT OF WAY MARGIN OF INTERURBAN AVENUE SOUTH; THENCE NORTH 41°45'43" EAST ALONG SAID RIGHT OF WAY MARGIN OF 48TH AVENUE SOUTH, A DISTANCE OF 24.60 FEET; THENCE LEAVING SAID MARGIN, SOUTH 48°14'17" EAST A DISTANCE OF 11.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 44°15'06" EAST A DISTANCE OF 14.00 FEET; THENCE SOUTH 45°44'54" EAST A DISTANCE OF 8.00 FEET; THENCE SOUTH 44°15'06" WEST A DISTANCE OF 14.00 FEET; THENCE NORTH 45°44'54" WEST A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING; CONTAINING 112 SQUARE FEET MORE OR LESS SITUATE IN CITY OF TUKWILA, KING COUNTY, WASHINGTON. 65 RR Exhibit B Z3oy/5-- /-V17 LINE TABLE SEGMENT L1 L2 L3 L4 LENGTH BEARING N 41.45'43"E S 48'14' 17"E 14.00' N44'15'06"E 8.00' 545'44'54"E S44'15'06"W N45'44'54'W 24.60' 11.45' L5 14.00' L6 8.00' 50 P.O.B. 30' 100 -i SCALE IN FEET PORTION OF SCL PARCEL NO. 000,300-0032 48TH AVENUE 8 LOT B BLA NO. L14— 0004 AFN 20140821900001 LEASE EXHIBIT PACIFIC GEOMATIC SERVICES, INC. LAND SURVEYING & MAPPING SERVICES QUALITY SERVICE - CREATIVE SOLUTIONS DATE: 12/11/17 JOB NUMBER 17-066-01 SHEET 1 OF 1 6608 216TH STREET SW, STE. 304 MOUNTLAKE TERRACE, WA 98043 PHONE:(425) 778-5620 FAX:(425) 775-2849 WEB: www.PacGeolnc.com