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HomeMy WebLinkAboutCSS 2021-07-19 Item 1A - Lease Agreements - Duwamish Park, Foster Park and Riverton Park with Tukwila School DistrictCity of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committee FROM: Tracy Gallaway, Acting Parks and Recreation Director BY: Stephanie Gardner -Brown, Parks and Recreation Analyst CC: Mayor Ekberg DATE: July 12, 2021 SUBJECT: Tukwila School District — City of Tukwila Lease Agreements ISSUE Renew and update property lease agreements with the Tukwila School District (TSD). BACKGROUND The City of Tukwila has leased three different Tukwila School District properties and operated each site as a park for several decades. Throughout this time, the Parks and Recreation Department has maintained and performed various capital improvements at each park. The parks include Duwamish Park, Foster Park, and Riverton Park. Each Park provides recreation access and opportunities for play, wellness, and social interactions to Tukwila residents, and the region. These three parks are each located within residential neighborhoods and provide excellent access to large areas of open space. DISCUSSION In April of 2020, the City Council adopted the updated Parks, Recreation, and Open Space Plan. The plan identifies capital improvement projects throughout the Tukwila parks system. As staff plan for future park improvements, property lease agreements with the Tukwila School District will need to be renewed to secure public access and protect the City's investment. Staff have been in conversation with TSD staff and have determined that all three agreements will be renewed and updated. Two of the agreements, Joseph Foster Park and Riverton Park have expired, and the existing Duwamish Park lease is set to expire in 2023. The new lease agreements will be in effect for a period of thirty years. This will allow the city to make improvements for recreation purposes to the properties. Copies of each new lease agreement is attached. They are identical with the following exceptions: 1. Park location 2. Duwamish Park: the current lease will not expire until 2023, therefore the current lease will end early. It is expected that the execution of each lease will occur at the same time, therefore the expiration of each lease will also be the same unless one lease should terminate early. FINANCIAL IMPACT The rent for each park is $1 per year. As with all Tukwila parks, continued maintenance and improvements will be performed for the benefit of Tukwila residents and those that work and play in Tukwila. 1 INFORMATIONAL MEMO Page 2 RECOMMENDATION The Community Services and Safety Committee is being asked to recommend entering into new lease agreements with the Tukwila School District at the August 16, 2021, Regular Council Meeting Consent Agenda by authorizing the Mayor to sign the agreements for Duwamish Park, Foster Park, and Riverton Park. ATTACHMENTS A. Duwamish Park Lease B. Foster Park Lease C. Riverton Park Lease 2 Attachment A INFORMATIONAL MEMO Page 3 Parks Lease Overview Park Duwamish Park 11646 42nd Ave S Acres 3 Lease Information Lease entered: March 26,1993 Term: 30 years Expires: March 26, 20 Joseph Foster Memorial Park 13919 53rd Ave. S Riverton Park 4101 S. 131st St. 7 Lease entered: 1982 Term: 20 years Expired: 01/01/2002 Unique Features/Notes maze, picnicking, playground, open field, picnic shelter, labyrinth, 23 flower garde Lease entered: 4/1/1986 Term: 30 4.8 Expired: 4/1/2016 Potential Improvements Updated sport court, dog park, walking path, bike safety course, pavement games, new n, plaque playground, turf field. Picnic shelter, playground, open field, dog park, walking path Walking path upgrades, new playground, multi -use turf field. Picnic shelter, playground, open field, walking path, pea patch Walking path improvements, new playground, 3 4 LEASE AGREEMENT Tukwila School District And City of Tukwila This Lease Agreement ("Agreement") is made by and between the City of Tukwila, a Washington municipal corporation ("City"), and the Tukwila School District, a Washington municipal corporation ("District"). The City and the District may be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS A. The District is the owner of the real property situated at 11646 42nd Avenue South, Tukwila, Washington, known as King County Parcel No. 3347400175 and Parcel No. 3347400580 legally described and depicted on Attachment A (the "Property"). B. The City desires to lease from the District, and the District agrees to lease, the Property subject to the terms and conditions more specifically set forth below in this Agreement. NOW THEREFORE, in consideration of the foregoing and the mutual covenants, conditions, duties and obligations set forth below, the Parties agree as follows: AGREEMENT 1. Incorporation. The Recitals set forth above are incorporated in this Agreement by this reference as binding commitments and representations of the Parties. 2. Term. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is signed by the last party signing the same, unless sooner terminated as provided in this Agreement. 3. Rent. The City shall pay rent to the District for the use of the Property at the rate of $1.00 per year, the first payment due on or before , and each subsequent payment to be due on or before the 1st day of January of each year thereafter. 4. Use of premises. The City shall use the Property for recreational and park purposes only pursuant to the rules and regulations adopted by TMC 12.08. No other use of the Property shall be permitted unless the District's prior written consent is obtained. 5. Improvements. The City shall be entitled to make any improvements for recreation purposes to the Property. Construction of any improvements shall be at the City's sole cost and expense. At the termination of this Agreement, and provided that the first right of refusal is not exercised subject to Section 9, all improvements made by the City shall become the property of the District. City of Tukwila —Tukwila School District — Duwamish Park Lease Agreement Page 1 of 8 5 6. Utilities and maintenance. The City shall maintain, at its sole cost and expense, all improvements installed by the City on the Property, and the Property itself in a state of good repair and safe for use and occupancy. The City shall repair or replace as necessary underground utility lines, water pipes, storm and sanitary sewer systems on the Property which become damaged solely through the City's negligent use of the Property in the performance of this Agreement. The City shall pay any and all utility charges levied or accrued against the Property during the term of this Agreement. 7. Use of premises by District. Upon two weeks prior written notice to the City, the District may use the Property for purposes so long as such purposes does not violate the City's rules and regulations adopted pursuant to TMC 12.08. 8. Assignment and sublease. Neither Party shall assign, sublet, or transfer any interest in this Agreement without the prior written consent of the other Party. 9. Right of First Refusal. In the event that the District shall ever desire to sell the property legally described on Attachment A attached and incorporated by this reference as if set forth in full, and receives a written offer therefor which the District intends to accept, the District, before accepting the offer, shall first notify the City in writing in accordance with Section 16 of this Agreement, and provide the City with a copy of the offer. The copy of the offer must contain all material terms relating to the purchase and sale. After receiving a copy of the offer, the City shall have sixty (60) days within which to the purchase the Property upon the terms and conditions set forth in the offer. If the City does not respond, or does not elect to purchase the property, the District may sell the property to the purchaser identified in the offer upon the terms and conditions set forth in the offer, but not upon any other terms or conditions. 10. Indemnification. The City shall indemnify, defend and hold the District harmless from and against any and all claims, losses or liability arising from injury or death to persons, including employees of the City, or damage to the Property occasioned by a negligent act, omission or failure of the City, its officers, agents and employees in relation to the City's occupation or use of the Property. 11. Insurance. The Parties acknowledge that the City is a member of Washington Cities Insurance Authority (WCIA), a self-insurance risk pool. The City shall maintain its membership with WCIA or shall obtain and maintain other adequate liability insurance necessary to protect the public with limits of liability of not less than One Million Dollars ($1,000,000) combined single limit for both bodily injury and property damage liability. 12. Lawful activity. The City agrees that all activities conducted by the City on the premises shall be in accordance with any applicable state or local law. 13. Nondiscrimination. No person shall be denied, or subjected to discrimination in receipt of the benefit of, any services or activities made possible by or resulting from this Agreement on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability. City of Tukwila —Tukwila School District — Duwamish Park Lease Agreement Page 2 of 8 6 14. Early termination upon default. In the event of any material default by the City in the performance of any of the terms or conditions of this Agreement, the District may terminate this Agreement prior to expiration of the thirty (30) year period by giving thirty (30) days' advance written notice to the City in accordance with Section 17 specifically stating the reason for such termination, provided, however, that no such termination shall be effective if, within thirty (30) days after such notice, the City has cured the default. 15. Early termination for convenience. Either Party may terminate this Agreement upon sixty (60) days written notice to the non-moving Party. 16. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for the City's performance under the terms of this Agreement for any future fiscal period, the City shall not be obligated to make payments, and this Agreement shall terminate upon the completion of the last remaining time period for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 17. Notices. Any notice or other communications given hereunder shall be deemed sufficient if in writing and delivered personally to the addressee, or sent by certified or registered mail, return receipt requested, addressed as follows, or to such other address as may be designated by the addressee by written notice to the other party: TO CITY: Director of Parks & Recreation CITY OF TUKWILA 6200 Southcenter Boulevard Tukwila, Washington 98188 TO DISTRICT: Superintendent of Schools 4640 South 144th Street Seattle, Washington 98168 18. Applicable Law; Venue, Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 19. Entire Agreement; Modification. This Agreement, together with any attachments or addenda, represents the entire and integrated Agreement between the City and the District and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. City of Tukwila —Tukwila School District — Duwamish Park Lease Agreement Page 3 of 8 7 20. Severability and Survival. If any term, condition, or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 20. Binding Covenant and Recording. This Agreement shall constitute a covenant running with the land, and shall be binding upon the parties, their heirs, successors, and assigns. The City may record this Agreement with the King County Auditor. 21. Counterpart/Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which, without production of the others, will be deemed to be an original. 22. Effective Date. This Agreement shall become effective on the latest date it is executed by both Parties. [The remainder of this page is left intentionally blank] City of Tukwila —Tukwila School District — Duwamish Park Lease Agreement Page 4 of 8 8 CITY OF TUKWILA By Allan Ekberg, Mayor DATE: STATE OF WASHINGTON ) COUNTY OF KING ) ss. I certify that I know or have satisfactory evidence that Alan Eckberg is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Tukwila to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in the certificate above written. NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires APPROVED AS TO FORM: OGDEN, MURPHY & WALLACE By Office of the City Attorney City of Tukwila —Tukwila School District — Duwamish Park Lease Agreement Page 5 of 8 9 TUKWILA SCHOOL DISTRICT By Title: DATE: STATE OF WASHINGTON ) COUNTY OF KING ) ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of the Tukwila School District to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in the certificate above written. NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires City of Tukwila —Tukwila School District — Duwamish Park Lease Agreement Page 6 of 8 10 ATTACHMENT A [Legal Description] Parcel Number Legal Description 334740-0175 HILLMANS MEADOW GARDENS DIV # 1 PLat Block: 2 Plat Lot: 27-28-29 334740-0580 HILLMANS MEADOW GARDENS DIV # 1 PLat Block: 2 Plat Lot: 108 THRU 113 City of Tukwila —Tukwila School District — Duwamish Park Lease Agreement Page 7 of 8 11 King County iMap ac 0 z 3 s4l4000 i0 334/4001iti 3347400140 /Y / Y Vin! JV tt37400625 3347400615 3347400142 3347400143 3347400145 3347400160 3347400168 3347400175 3347400180 3347400185 3347400190 3347400200 3347400210 «A„ 3Ri1j1400610 334740060C1-- 33474005 90 347400600 3347400590 3347400585 Duwarnish 3347400580 i 3347400570 3347400565 3347400555 3347400215 3347400220 3347400225 3347400235 3347400245 3347400250 3347400255 3347400545 3347400540 3347400535 3347400530 3347400525 33 474005 3347400510 3347400505 79 AVIA/L sf 0 It m 34740065 334740064', 3347400670 3347400685 3347400690 3347400700 3347400705 3347400710 a., 3347401325\3347400730 3347400975 3347400985 3347400991 114741011007 3347401000 3347401015 o b1 33740131' 3347401025 3347.' nN.1>T./ar oared a as map 1•• .nrra MKNguawn..lr w.• an* Ho.aN ..0 Napa r <IMMO masa nrim KyOm* mar •nop•mdrnl. at ..raft mecum s,— inrmoray an.r••.w•1rmbNis.•r.sih•lks mo dual aYrwr.a YanoN..1■ar11.•n•I/ r .al ••.n4I•ali ICU. Gm* N J AM le Wr•Vrwt gall MM. NObaa. off ammerlintameins nimbi" bit eel MINI wrommem Wit vela =Opp Mower ass to Mom 0.01...1. an =OW Aft ado of Ile me fsmimr11.• 1.• Se peallelnieasi Warm aaa.a.long d.. Dale. 2/2412021 Notes A King County City of Tukwila — Tukwila School District — Duwamish Park Lease Agreement Page 8 of 8 12 LEASE AGREEMENT Tukwila School District And City of Tukwila This Lease Agreement ("Agreement") is made by and between the City of Tukwila, a Washington municipal corporation ("City"), and the Tukwila School District, a Washington municipal corporation ("District"). The City and the District may be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS A. The District is the owner of the real property situated at 13919 53rd Ave. S, Tukwila, Washington, known as King County Parcel Numbers: 0003000010, 0003000011, 0003000012, 1670400007, 1670400020, 1670400026, 1670400037, 1670400100, and 1670400115, legally described and depicted on Attachment A (the "Property"). B. The City desires to lease from the District, and the District agrees to lease, the Property subject to the terms and conditions more specifically set forth below in this Agreement. NOW THEREFORE, in consideration of the foregoing and the mutual covenants, conditions, duties and obligations set forth below, the Parties agree as follows: AGREEMENT 1. Incorporation. The Recitals set forth above are incorporated in this Agreement by this reference as binding commitments and representations of the Parties. 2. Term. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is signed by the last party signing the same, unless sooner terminated as provided in this Agreement. 3. Rent. The City shall pay rent to the District for the use of the Property at the rate of $1.00 per year, the first payment due on or before , and each subsequent payment to be due on or before the 1st day of January of each year thereafter. 4. Use of premises. The City shall use the Property for recreational and park purposes only pursuant to the rules and regulations adopted by TMC 12.08. No other use of the Property shall be permitted unless the District's prior written consent is obtained. 5. Improvements. The City shall be entitled to make any improvements for recreation purposes to the Property. Construction of any improvements shall be at the City's sole cost and expense. At the termination of this Agreement, and provided that the first right of refusal is not exercised subject to Section 9, all improvements made by the City shall become the property of the District. City of Tukwila —Tukwila School District— Foster Park Lease Agreement Page 1 of 8 13 6. Utilities and maintenance. The City shall maintain, at its sole cost and expense, all improvements installed by the City on the Property, and the Property itself in a state of good repair and safe for use and occupancy. The City shall repair or replace as necessary underground utility lines, water pipes, storm and sanitary sewer systems on the Property which become damaged solely through the City's negligent use of the Property in the performance of this Agreement. The City shall pay any and all utility charges levied or accrued against the Property during the term of this Agreement. 7. Use of premises by District. Upon two weeks prior written notice to the City, the District may use the Property for purposes so long as such purposes does not violate the City's rules and regulations adopted pursuant to TMC 12.08. 8. Assignment and sublease. Neither Party shall assign, sublet, or transfer any interest in this Agreement without the prior written consent of the other Party. 9. Right of First Refusal. In the event that the District shall ever desire to sell the property legally described on Attachment A attached and incorporated by this reference as if set forth in full, and receives a written offer therefor which the District intends to accept, the District, before accepting the offer, shall first notify the City in writing in accordance with Section 16 of this Agreement, and provide the City with a copy of the offer. The copy of the offer must contain all material terms relating to the purchase and sale. After receiving a copy of the offer, the City shall have sixty (60) days within which to the purchase the Property upon the terms and conditions set forth in the offer. If the City does not respond, or does not elect to purchase the property, the District may sell the property to the purchaser identified in the offer upon the terms and conditions set forth in the offer, but not upon any other terms or conditions. 10. Indemnification. The City shall indemnify, defend and hold the District harmless from and against any and all claims, losses or liability arising from injury or death to persons, including employees of the City, or damage to the Property occasioned by a negligent act, omission or failure of the City, its officers, agents and employees in relation to the City's occupation or use of the Property. 11. Insurance. The Parties acknowledge that the City is a member of Washington Cities Insurance Authority (WCIA), a self-insurance risk pool. The City shall maintain its membership with WCIA or shall obtain and maintain other adequate liability insurance necessary to protect the public with limits of liability of not less than One Million Dollars ($1,000,000) combined single limit for both bodily injury and property damage liability. 12. Lawful activity. The City agrees that all activities conducted by the City on the premises shall be in accordance with any applicable state or local law. 13. Nondiscrimination. No person shall be denied, or subjected to discrimination in receipt of the benefit of, any services or activities made possible by or resulting from this Agreement on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability. City of Tukwila —Tukwila School District— Foster Park Lease Agreement Page 2 of 8 14 14. Early termination upon default. In the event of any material default by the City in the performance of any of the terms or conditions of this Agreement, the District may terminate this Agreement prior to expiration of the thirty (30) year period by giving thirty (30) days' advance written notice to the City in accordance with Section 17 specifically stating the reason for such termination, provided, however, that no such termination shall be effective if, within thirty (30) days after such notice, the City has cured the default. 15. Early termination for convenience. Either Party may terminate this Agreement upon sixty (60) days written notice to the non-moving Party. 16. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for the City's performance under the terms of this Agreement for any future fiscal period, the City shall not be obligated to make payments, and this Agreement shall terminate upon the completion of the last remaining time period for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 17. Notices. Any notice or other communications given hereunder shall be deemed sufficient if in writing and delivered personally to the addressee, or sent by certified or registered mail, return receipt requested, addressed as follows, or to such other address as may be designated by the addressee by written notice to the other party: TO CITY: Director of Parks & Recreation CITY OF TUKWILA 6200 Southcenter Boulevard Tukwila, Washington 98188 TO DISTRICT: Superintendent of Schools 4640 South 144th Street Seattle, Washington 98168 18. Applicable Law; Venue, Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 19. Entire Agreement; Modification. This Agreement, together with any attachments or addenda, represents the entire and integrated Agreement between the City and the District and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. City of Tukwila — Tukwila School District— Foster Park Lease Agreement Page 3 of 8 15 20. Severability and Survival. If any term, condition, or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 20. Binding Covenant and Recording. This Agreement shall constitute a covenant running with the land, and shall be binding upon the parties, their heirs, successors and assigns. The City may record this Agreement with the King County Auditor. 21. Counterpart/Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which, without production of the others, will be deemed to be an original. 22. Effective Date. This Agreement shall become effective on the latest date it is executed by both Parties. [The remainder of this page is left intentionally blank] City of Tukwila — Tukwila School District— Foster Park Lease Agreement Page 4 of 8 16 CITY OF TUKWILA By Allan Ekberg, Mayor DATE: STATE OF WASHINGTON ) COUNTY OF KING ) ss. I certify that I know or have satisfactory evidence that Alan Eckberg is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Tukwila to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in the certificate above written. NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires APPROVED AS TO FORM: OGDEN, MURPHY & WALLACE By Office of the City Attorney City of Tukwila — Tukwila School District— Foster Park Lease Agreement Page 5 of 8 17 TUKWILA SCHOOL DISTRICT By Title: DATE: STATE OF WASHINGTON ) COUNTY OF KING ) ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of the Tukwila School District to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in the certificate above written. NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires City of Tukwila — Tukwila School District— Foster Park Lease Agreement Page 6 of 8 18 Parcel number 0003000010 ATTACHMENT A [Legal Description] Legal Description FOSTER STEPHEN -D C # 38 TRACT OF LAND BOUNDED ON N BY S 137TH ST ON E BY 53RD AVE S ON W BY COLLEGE ST & ON S BY HELD AVE 0003000011 0003000012 FOSTER STEPHEN -D C # 38 TRACT OF LAND BOUNDED ON N BY HELD AVE -ON E BY 53RD AVE S -ON W BY COLLEGE ST & ON S BY S 139TH ST FOSTER STEPHEN -D C # 38 A BLOCK OF LAND BOUNDED ON N BY FOSTER ST ON E BY COLLEGE AVE ON S BY ORCHARD AVE & ON W BY CHARLES AVE 1670400007 1670400020 1670400026 COLEGROVES ACRE TRS E 74 FT PLat Block: 1 Plat Lot: 1 COLEGROVES ACRE TRS E 1/2 OF 2 LESS W 55 FT & 11 LESS E 100 FT OF N 127.4 FT PLat Block: 1 Plat Lot: 2 & 11 COLEGROVES ACRE TRS E 64 FT OF LOT 3 - AKA LOT B OF KC LOT LN ADJ NO 1285034 APPROVED JANUARY 23, 1986 PLat Block: 1 Plat Lot: 3 1670400037 COLGROVES ACRE TRS E 74 FT OF N 77.40 FT OF LOT 4 TGW LOT 9 LESS S 70 FT TGW ALL OF LOT 10 PLat Block: 1 Plat Lot: 4 & 9-10 1670400100 COLEGROVES ACRE TRS E 100 FT OF N 127.4 FT PLat Block: 1 Plat Lot: 11 1670400115 COLEGROVES ACRE TRS PLat Block: 1 Plat Lot: 12 The following shows park and coordinating parcels associated with the site. The last four digits of the parcel number are shown on the map parcel and match the last four digits in the table above. City of Tukwila — Tukwila School District— Foster Park Lease Agreement Page 7 of 8 19 King County iMap III 1'a 1't 0003000016 0003000015 os Me 0003000012 0003000097 L 0003000007 0003 000010 rial Park 0003000011 if 1670400006 1670400005 1670400015 1670400017 1670400007 16704000281 167040002/ 1670400025 1670400026 1670400115 1670400020 1670400038 1670400036 l 1670400037 1670400100 53rd Ave S 1670400089 1670400090 Tukwila 0003000008 0003000093 0003000009 0003000096 0003000080 0003000063 1670400126 1670400128 1670400235 1670400129 1670400 1670400234 16704001361670400135 1 1 S 14OtlrS • r 1670400145 1670400147 1670400148 1670400156 1670400155 167040)146 167040)216 1670402218 1670400217 1670400206 1670400205 n. ..a.....a. r.a4.a on he Pr. ft.. a..n m.ota w.,.a C<.<e. ../ rv...n nye b dup. ...rot macs K . Cant e..= m r.p.amr..e.v v .. or..• m:... v •sa a cs as tasuacy maAa.._n .drd� d.raala the gm sum nv...t.. -.,. a:<...�-ru-a ..ra.f emmemrrRa IMMO. V ad Yam. r V aam.=d bra welts •m.tiU or.. ...:.. •.m Ib aiadara a'rM1 .a* Mgada d Y w dal.ddc. s N as+a Petlbwe a c.! n. •r petaled. d Kowa oawr. Dale: =W2021 Notes King County City of Tukwila —Tukwila School District— Foster Park Lease Agreement Page 8 of 8 20 LEASE AGREEMENT Tukwila School District And City of Tukwila This Lease Agreement ("Agreement") is made by and between the City of Tukwila, a Washington municipal corporation ("City"), and the Tukwila School District, a Washington municipal corporation ("District"). The City and the District may be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS A. The District is the owner of the real property situated at 4401 S. 133rd Street, Tukwila, Washington, known as King County Parcels Numbered: 7340600084, 7340600884, 7341600005, 7341600010, 7341600015, 7341600020, and 7341600025 legally described and depicted on Attachment A (the "Property"). B. The City desires to lease from the District, and the District agrees to lease, the Property subject to the terms and conditions more specifically set forth below in this Agreement. NOW THEREFORE, in consideration of the foregoing and the mutual covenants, conditions, duties and obligations set forth below, the Parties agree as follows: AGREEMENT 1. Incorporation. The Recitals set forth above are incorporated in this Agreement by this reference as binding commitments and representations of the Parties. 2. Term. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is signed by the last party signing the same, unless sooner terminated as provided in this Agreement. 3. Rent. The City shall pay rent to the District for the use of the Property at the rate of $1.00 per year, the first payment due on or before , and each subsequent payment to be due on or before the 1st day of January of each year thereafter. 4. Use of premises. The City shall use the Property for recreational and park purposes only pursuant to the rules and regulations adopted by TMC 12.08. No other use of the Property shall be permitted unless the District's prior written consent is obtained. 5. Improvements. The City shall be entitled to make any improvements for recreation purposes to the Property. Construction of any improvements shall be at the City's sole cost and expense. At the termination of this Agreement, and provided that the first right of refusal is not exercised subject to Section 9, all improvements made by the City shall become the property of the District. City of Tukwila - Riverton Park Lease Agreement Page 1 of 8 21 6. Utilities and maintenance. The City shall maintain, at its sole cost and expense, all improvements installed by the City on the Property, and the Property itself in a state of good repair and safe for use and occupancy. The City shall repair or replace as necessary underground utility lines, water pipes, storm and sanitary sewer systems on the Property which become damaged solely through the City's negligent use of the Property in the performance of this Agreement. The City shall pay any and all utility charges levied or accrued against the Property during the term of this Agreement. 7. Use of premises by District. Upon two weeks prior written notice to the City, the District may use the Property for purposes so long as such purposes does not violate the City's rules and regulations adopted pursuant to TMC 12.08. 8. Assignment and sublease. Neither Party shall assign, sublet, or transfer any interest in this Agreement without the prior written consent of the other Party. 9. Right of First Refusal. In the event that the District shall ever desire to sell the property legally described on Attachment A attached and incorporated by this reference as if set forth in full, and receives a written offer therefor which the District intends to accept, the District, before accepting the offer, shall first notify the City in writing in accordance with Section 16 of this Agreement, and provide the City with a copy of the offer. The copy of the offer must contain all material terms relating to the purchase and sale. After receiving a copy of the offer, the City shall have sixty (60) days within which to the purchase the Property upon the terms and conditions set forth in the offer. If the City does not respond, or does not elect to purchase the property, the District may sell the property to the purchaser identified in the offer upon the terms and conditions set forth in the offer, but not upon any other terms or conditions. 10. Indemnification. The City shall indemnify, defend and hold the District harmless from and against any and all claims, losses or liability arising from injury or death to persons, including employees of the City, or damage to the Property occasioned by a negligent act, omission or failure of the City, its officers, agents and employees in relation to the City's occupation or use of the Property. 11. Insurance. The Parties acknowledge that the City is a member of Washington Cities Insurance Authority (WCIA), a self-insurance risk pool. The City shall maintain its membership with WCIA or shall obtain and maintain other adequate liability insurance necessary to protect the public with limits of liability of not less than One Million Dollars ($1,000,000) combined single limit for both bodily injury and property damage liability. 12. Lawful activity. The City agrees that all activities conducted by the City on the premises shall be in accordance with any applicable state or local law. 13. Nondiscrimination. No person shall be denied or subjected to discrimination in receipt of the benefit of, any services or activities made possible by or resulting from this Agreement on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability. City of Tukwila - Riverton Park Lease Agreement Page 2 of 8 22 14. Early termination upon default. In the event of any material default by the City in the performance of any of the terms or conditions of this Agreement, the District may terminate this Agreement prior to expiration of the thirty (30) year period by giving thirty (30) days' advance written notice to the City in accordance with Section 17 specifically stating the reason for such termination, provided, however, that no such termination shall be effective if, within thirty (30) days after such notice, the City has cured the default. 15. Early termination for convenience. Either Party may terminate this Agreement upon sixty (60) days written notice to the non-moving Party. 16. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for the City's performance under the terms of this Agreement for any future fiscal period, the City shall not be obligated to make payments, and this Agreement shall terminate upon the completion of the last remaining time period for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 17. Notices. Any notice or other communications given hereunder shall be deemed sufficient if in writing and delivered personally to the addressee, or sent by certified or registered mail, return receipt requested, addressed as follows, or to such other address as may be designated by the addressee by written notice to the other party: TO CITY: Director of Parks & Recreation CITY OF TUKWILA 6200 Southcenter Boulevard Tukwila, Washington 98188 TO DISTRICT: Superintendent of Schools 4640 South 144th Street Seattle, Washington 98168 18. Applicable Law; Venue, Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 19. Entire Agreement; Modification. This Agreement, together with any attachments or addenda, represents the entire and integrated Agreement between the City and the District and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. City of Tukwila - Riverton Park Lease Agreement Page 3 of 8 23 20. Severability and Survival. If any term, condition, or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 20. Binding Covenant and Recording. This Agreement shall constitute a covenant running with the land, and shall be binding upon the parties, their heirs, successors and assigns. The City may record this Agreement with the King County Auditor. 21. Counterpart/Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which, without production of the others, will be deemed to be an original. 22. Effective Date. This Agreement shall become effective on the latest date it is executed by both Parties. [The remainder of this page is left intentionally blank] City of Tukwila - Riverton Park Lease Agreement Page 4 of 8 24 CITY OF TUKWILA By Allan Ekberg, Mayor DATE: STATE OF WASHINGTON ) COUNTY OF KING ) ss. I certify that I know or have satisfactory evidence that Alan Eckberg is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Tukwila to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in the certificate above written. NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires APPROVED AS TO FORM: OGDEN, MURPHY & WALLACE By Office of the City Attorney City of Tukwila - Riverton Park Lease Agreement Page 5 of 8 25 TUKWILA SCHOOL DISTRICT By Title: DATE: STATE OF WASHINGTON ) COUNTY OF KING ) ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of the Tukwila School District to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in the certificate above written. City of Tukwila - Riverton Park Lease Agreement Page 6 of 8 26 NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires Parcel number 7340600884 ATTACHMENT A [Legal Description] Legal Description RIVERSIDE INTERURBAN TRS TR 57 LESS N 1/2 OF N 2.96 AC & LESS POR OF S 1/2 OF N 2.96 AC LY ELY OF W 200 FT THOF & LY N OF S 75 FT THOF TGW POR OF TRS 58 & 62 LY ELY OF E MARGINAL WAY S & POR OF TR 63 LY NLY OF S 133RD ST PLat Block: Plat Lot: 57-58-62-63 7341600005 RIVERSIDE INTRURBN TR 55-57 UNREC PLat Block: 1 Plat Lot: 1 7341600010 RIVERSIDE INTRURBN TR 55-57 UNREC PLat Block: 1 Plat Lot: 2 7341600015 7341600020 RIVERSIDE INTRURBN TR 55-57 UNREC PLat Block: 1 Plat Lot: 3 RIVERSIDE INTRURBN TR 55-57 UNREC PLat Block: 1 Plat Lot: 4 7341600025 RIVERSIDE INTRURBN TR 55-57 UNREC PLat Block: 1 Plat Lot: 5 City of Tukwila - Riverton Park Lease Agreement Page 7 of 8 27 King County iMap 7340600846 ---1 0 wil 0 341600215 Io co o 0 e 341600205 ^� � g 70600827 341600195 76110600826 Q341600052 41600180 MI - 7341600051 341600171 7341600050 41600165 . 8 .r M n 7- g8 0 7340600843 4 7340600845 co 8 7345601105 7349200040 • 7341600160 7341600115 73416 0015 0 8 10 7341600140 7341600125 7345601110 7345601115 7345601120 N wq- 0 tel N er M. 7349200135 1 st St Io 1 - a 0 0 0 7341600045 7341600030 •S 7340600860 Riverton Park 7340600884 2613200131 7340600960 7340600965 7340600980 7340600981 32613200 130 C‘• S 133 2613 200133 The lrtet,S nee..a an A neo Pet teen MA tel et Kny catty arra waw a rely a. era pa it eaten le Meg ere. seem Rw0 GM) water re .O+wbw.e *AMA Area oAA. a b aara.ty mtpet.rt .MAS n t/ 0 b W A Wile& rllerttabt tilt AAM it tet tlabl • am A a ravee>arlrct Kp Geon aM ate ISU la et, genre tap. tweet wc.,nal annetrtl Area.$ rd..; WI b Abed b NK AAA tr A ANN Aleq Put.M u.• n n• e/ Yr. reom✓or ccrd..d m ti rete Atl .ab W ee roe s.b.n . w ate mug a pate.. •AS A melee par ,Maar d C, Cert. Date. 2/24/2021 Notes King County City of Tukwila - Riverton Park Lease Agreement Page 8 of 8 28