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HomeMy WebLinkAbout21-189 - Tukwila School District - Lease Agreement: Joseph Foster Memorial Park21-189 Council Approval 12/6/21 LEASE AGREEMENT Tukwila School District And City of Tukwila Joseph Foster Memorial Park 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 commence on the date this Agreement is signed by the last party signing the same, and extend to December 31, 2051, 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, due and payable in a lump sum thirty dollar and zero cents ($30.00) payment within thirty (30) days of the Effective Date of this Agreement. 4. Costs. The District will annually invoice the City for any taxes, together with costs, fees and assessments, imposed against Property during term of lease. The City will reimburse the District all undisputed amounts of the invoice within forty-five days of receipt of the invoice. 5. Use of premises. The City shall use the Property for recreational and park purposes only. No other use of the Property shall be perrnitted unless the District's prior written consent is obtained. Page I of13 City of Tukwila — Tukwila School District — Riverton Park Lease Agreement 15i Ofz OndLs 6. 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. 7. Utilities and maintenance. The City shall maintain, at its sole cost and expense, all improvements 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 during the term of this Agreement; provided that if the District requests or makes any upgrades to any physical improvements on the Property, or utility infrastructure, the Parties shall meet and confer to determine which Party shall be responsible for the maintenance of such improvements or infrastructure. The City shall pay any and all utility charges levied or accrued against the Property during the term of this Agreement. 8. Use of premises by District. Upon two weeks prior written notice to the City, the District may use the Property , so long as the Property is not previously reserved for use by the City or a third -party. 9. Assignment and sublease. The City shall not assign, sublet, or transfer any interest in this Agreement without the prior written consent of the District which shall not be unreasonably withheld. 10. Right of First Refusal. In the event that the District shall ever desire to sell the Property, 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. 11. Property Condition. The City hereby agrees and acknowledges that it accepts the Property in AS -IS, WHERE -IS condition without any representation or warranty of any kind made by the District. 12. 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 in relation to the City's occupation or use of the Property except for injuries and damages caused by the negligence or willful misconduct of the District. 13. 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 City of Tukwila — Tukwila School District — Riverton Park Lease Agreement Page 2 of 8 Dollars ($1,000,000) combined single limit for both bodily injury and property damage liability. 14. 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. 15. 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. 16. 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. 17. Early termination for convenience. Either Party may teiiiiinate this Agreement upon sixty (60) days written notice to the non-moving Party. The Parties acknowledge the District's right under RCW 28A.335.040 to recapture the Property and to terminate the Lease for school purposes in accordance with this section. 18. 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. 19. 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 20. 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 City of Tukwila — Tukwila School District — Riverton Park Lease Agreement Page 3 of 8 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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 — Riverton Park Lease Agreement Page 4 of 8 CITY OF t _ ILA By Allan Ekberg, Mayor DATE: 121 �Zt STATE OF WASHINGTON ) COUNTY OF KING ss. I certify that I know or have satisfactory evidence that Allan Ekberg 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 ind for the State of Washington, residing at /0 My Commission Expires APPROVED AS TO FORM: OGDEN, MURPHY & WALLACE LCA ae0 veseresep y "t cwt Byvon, . n, ,.,.... �,. ,�, Office of the City Attorney Page 5 of8 00011111 nl�r. © Commission Number 195243 C Dalene B Qualls z= My Appointmeol Expires Pg: 10/1912025 co q�0P+r,WiAiSo City of Tukwila — Tukwila School District — Riverton Park Lease Agreement TUKWILA SCHOOL DISTRICT By Title: DATE: ,7 f . -- 14, STATE OF WASHINGTON ) COUNTY OF KING ss. I certify that I know or have satisfactory evidence thatCV% vp UMW) is the person who appeared before me, and said person acknowledged that s/he sined this instrument, on oath stated that s(he was authorized to execute the instrument and acknowledged it as the (\lcUr6.Q.KVf 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. Page 6 of 8 NOTARY PUBLIC in and for the State of Washington, residing at IMy Commission Expires ;5-4(A-.0,::)..3 City of Tukwila — Tukwila School District — Riverton Park Lease Agreement ATTACHMENT A [Legal Description] Parcel number Legal Description 0003000010 FOSTER STEPHEN -D C # 38 TRACT OF LAND BOUNDED ON N BY 5 137TH ST ON E BY 53RD AVE S ON W BY COLLEGE ST & ON S BY HELD AVE 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 COLEGROVES ACRE TRS E 74 FT PLat Block: 1 Plat Lot: 1 1670400020 COLEGROVES ACRE TRS E 112 OF 2 LESS W 55 FT & 11 LESS E 100 FT OF N 127.4 FT PLat Block: 1 Plat Lot: 2 & 11 1670400026 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 5 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 0003000011 0003000012 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 — Riverton Park Lease Agreement Page 7 of 8 King County Lap 0001000007 1lX)10 1111 fj Tu kwi la so(t4t1 $ 167) 6 it* 1 I 10 la 7 12$ 7)34 001k 136 7(1400 fj 1 14,1, , 1, 1G4G 147 1 70 00211, H 1670400129 •/67 0 11 7 , 11,07777,707 I 167 11 I, 0 34 167414 *037 *moss 1020,00x0001 10704 ,u11W.eitt Orlsnik 4001047 1670 66 16704 1670400166 1 70400105 ..L leulhrnieufea umAudulted on MO my mu muguyAud lay11011V COM* ON Mar uk von* ra *MN. apt I 00 eatloa VP ,fiuu0m KInj Cduor,1,4 u.P111104 1,0010a0Minals Vu$ uturn.u1Ku MpTurmiht for r mg.& so MN 4uNdarnu, raluMWWWW. 1.0Mon unad, AffrOntuarr, V,Isudourrnirl nud ulud.od uwOurt olufte.11,161, alma NUM CauteRlp US ,v06 SVuldNulu t»uoupP, 4tb mu., WAN. mulufkleft uartuNrOMI44..4.001.010111111%, ORA orou, tumf,mat bu, ',mut MIAMI.. Or 4uur, pral*,,, %WM; 1,0,111,urIl 4316 VOU luMuMe Ibutbm kuSgantuuthrn Vimurimouwat arfu OUA0 vuut. AmoRSflI0 VIrdt. IffltnuMuk:In IN .0 MK AbulAtIM1uPoud eu.100 by MOM pountutuater lut Cum CUumnal, Da* 244/202 City of Tukwila — Tukwila School District — Riverton Park Lease Agreement Page 8 of 8