Loading...
HomeMy WebLinkAbout95-001 - Xerox Corporation - Special Warranty Deed Parking1 F REAL E TATE II i 14-3h3-131_1 When Recorded Return To Name r- fy of nkSd_1 a Address 6200 TSouthcenter Blvd City, State, Zso 'Tukwila WA 98188 �_ ATTN: John McFarland Special Warranty Deed Ej f 1-16'q4 11 75 No rT 1 THE GRANTOR, Xerox Corporation, a New York Corporation, for and in consideration of Six Hundred Ninety Thousand Eight Hundred Fifty Dollars ($690,850 00), and other good and valuable consideration in hand paid, grant, C\J bargain, sell, convey, and confirm to the Grantee, the City of Tukwila, Washington (T the fallowing described real estate, situated in the county of King, State of Washington See Exhib t A Attached Hereto This conveyance is subject to Covenants, Conditions, Restrictions, and Easements as may be of public record The Grantor for itself and for its successors in interest does by these presents expressly limit the covenants of the deed to those herein expressed, and exclude all covenants arising or to arise by statutory or other implication, and does hereby covenant that against all persons whomsoever lawfuliy claiming or to claim by -through or under said Grantor and not otherwise, will forever warrant and defend the said described real estate Dated December 8, 1994 Xerox Corporation Name (print)__ Ri hard D Kennett Title. T1i eetoz,aQranrat Real Estate Cr R. F FEHL ESTATE ID 14-E -17iH DEC O's q4 • • Lei 11 'h 1.1-1 'i i1 1ti eARCCL B Lot 17, Interurban Addition to Seattle, as per piat recorded in Volume 10 of Platt, page 5S, records of Kti-tt County, EXCEPT that Portion lying North of a line described as follows, Beginning at a point Icon West line 210 feet from Southwest corner, thence North 850 47' East 63o feet more or less to intersection of West line of 65th Avenue South, AND EXCEPT portion conveyed to the City of Tukwila for 63th Arnue south by deed recorded under Recording NcA 7108120423 Both situate in the County of King, State of Washington t�VRI •1\Lf7L LJ 1 fl 1 L -.r Irt Oadia.A.4- 1L • 1 1'i .J 'JJ 1JI • LLL VV 74 1 1 • STATE OF C YLr,_c1i WT ) COUNTY OF_�A, F, If On this $' day of cruttex.p. , 1944 before me the undersigned, a Notary Public in and for the State of CT , duly commissioned and sworn, personally appeared IEnrvcTT and to me known to be the ThoitpEcTOR, CoRPrnt Te_ RzAt. ZsrATC... ,of Xerox Corporation, the corporation that executed the foregoing instrument, and acknowledged the 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 h`iSauthorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation, Witness my hand and official seal hereto affixed the day and year first above written. CNA "'MPI. Notary Public in and for the State of Coy,nedic,Jb`" residi�n�g/ atq �GREEr wicH, CT M COMMISS ON r._ . i/_ .. , - �r:i 31, 109 tVIL w.�: :��LG Ic:�tlt4l�l Pf ar cncc:� t.s.4 .-=L CEJ a: L.l C13 cs AFTER RECORDING RETUIIOTO: CITY OF TUKWILA 6200 SOUTHCENTER BLVD. TUKWILA, WA 98188 ATTN: JOHN McFARLAND EXHIBITD RECEIVED THIS VS/ PARKING AGREEM 8 30 till d D .: C 1994 CITY OF TU;`;vvflA E'fVc 4y.Jo S CTHIS AGREEMENT is entered 111VPD h/FICE lVC V -am (3L rte. "UPC COUNTY 1994, by and between the CITY OF TUKWILA (hereafter the "City" or "Tukwila") and Xerox Corporation (hereafter "Xerox") for the purpose of creating an irrevocable license to accommodate the parking of Xerox owned/Xerox employee operated/Xerox visitor, passenger vehicles of parties using, occupying or visiting the property described in Exhibit A hereto, and commonly known as 6400 South Center Boulevard, Tukwila, Washington (the " Xerox Parcel"), on property formerly owned by Xerox and now under the ownership of the City of Tukwila, as more fully described in Exhibit A hereto and commonly known as 15447 65th Avenue South, Tukwila, Washington (the "Parking Lot Parcel"). Based on the foregoing, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, IT IS HEREBY UNDERSTOOD AND AGREED that: 1. Parking: Through this license, the City agrees to allow Xerox to use twenty (20) parking spaces located on the Parking Lot Parcel. When the City completes its final architectural plans for development of the site, the location of the parking spaces will be shown on a diagram which will be attached hereto as Exhibit C. The City will use reasonable efforts to select parking spaces that are as close as reasonably possible to the main entrance to the building on the Xerox parcel. Xerox shall have twenty-four (24) hour per day, seven (7) day per week access to such parking spaces. 2. Payment. Xerox transferred its fee interest in the Parking Lot Parcel to the City, in exchange for the purchase price stated in that certain Real Estate Purchase and Sale Agreement dated October 12, 1994, by and onT TIH 600 Su 033'3 A1N003 SHIN WV 00:0E:60 L W-11 �.ry6 • between the parties hereto. In recognition of the value of the parking license in the purchase price of the aforementioned property which contains the parking area, the City agrees to levy no charge to Xerox for use of the 20 spaces during the initial term of this license. Upon expiration of the initial term of the license, Xerox may exercise their option to extend the license agreement as described in Section 6 of this agreement. The parking stall price for the option periods will be determined by fair market value for similar parking stall rates in the Southcenter, SeaTac and Renton area. If the two parties cannot agree on a fair market value, they will promptly, hire a mutually acceptable MAI appraiser to assess the value of the parking stalls. The findings of the appraiser shall be binding on both parties. Expenses for the appraisal shall be shared equally. 3. Indemnity and Insurance. Xerox agrees to indemnify and to hold the City harmless from and against any and all claims, losses, damages, and expenses incurred by the City (including, without limitation, reasonable expert witness and attorneys fees) arising from any negligent act or omission of Xerox, its agents, servants, or employees with respect use of the licensed parking spaces pursuant to the terms of this Agreement. The City agrees to indemnify and to hold Xerox harmless from and against any and all claims, losses, damages, and expenses incurred by Xerox (including, without limitation, reasonable expert witness and attorneys fees) arising from any negligent act or omission of the City, its agents, servants, or employees with respect to the Parking Lot Parcel, and the City's exercise of its rights and performance of its obligations under the terms of Section 7 of this Agreement. The indemnification provisions contained herein shall survive the termination of this Agreement. 8 • • Xerox agrees that it shall carry a primary layer of comprehensive general liability and auto insurance in the amount of at least Five Million Dollars ($5,000,000). Xerox agrees to notify the City within thirty (30) days in the event that coverage decreases in any amount. Notwithstanding the foregoing, it is hereby agreed that Xerox, at its sole option, may self -insure this risk. The City hereby agrees that at all times during the term of this Agreement it shall maintain in full force and effect comprehensive general liability insurance coverage with a combined single limit of Five Million ($5,000,000.00) Dollars and automobile liability insurance coverage in an amount not less than One Million ($1,000,000.00) Dollars . The City agrees to notify Xerox thirty (30) days in advance in the event that said coverages will decrease or be cancelled. 4. After the initial location of the twenty spaces is agreed upon and documented in Exhibit C which will be attached hereto, said spaces shall be marked as "Xerox" by and at the expense of Xerox. The City reserves the right to change the location of the designated parking spaces within the Parking Lot Parcel upon thirty (30) days written notice to Xerox; provided, however, that the City shall use best efforts to locate them adjacent to the Xerox Parcel. Any subsequent designation of the changed parking spaces as "Xerox" spaces shall be at the sole expense of the City. The City shall use reasonable efforts to ensure that use of the spaces designated for use by Xerox shall not be used by unauthorized parties. During the term of this Agreement, the City shall maintain reasonably acceptable lighting for the Parking Lot Parcel. The City shall be solely responsible for all repair, maintenance, and improvement of the Parking Lot Parcel, and snow and ice removal from said Parking Lot Parcel. 9 5. The parking rights described herein belonging to Xerox may be assigned or otherwise transferred upon the sale, lease or sublease of all or a portion of Xerox's existing building at 6400 Southcenter Blvd. The City shall not be liable to Xerox or its assignee or successor for any interruption of use of the rights granted under this Agreement due to repairs, improvements or alterations of the parking lot; PROVIDED that Xerox shall not be obligated to make payment for any day or days during which the repairs, improvements or alterations are caused by or undertaken at the direction of the City, and further provided that such repairs, maintenance and improvements shall be performed in a good and workmanlike manner, diligently commenced and diligently pursued until completion. . Additionally, the City retains the right upon five working days notice to temporarily suspend the parking agreement to accommodate a special parking requirement of the City, but in no event shall any such suspension exceed five (5) consecutive business days, or more than fifteen (15) business days within any twelve (12) month period. Xerox shall not be required to pay the charges described herein for any days during any such emergency suspension . 6. Term. This Agreement shall be in full force and effect for JANUARY 1, 1995 fifteen years, commencing on -4 ""2=;-T994- and terminating on DECEMBER 31, 2009 B�g64-i----,-3999, with two separate ten year renewal options, JANUARY 1 2010 JANUARY 1, 2020 commencing on D€i-Q.4=4j-2OOg, and aetcMg&.-�/ 20-19, respectively, provided that Xerox may terminate the license at any time upon ten (10) days written notice to the City . Xerox may exercise either or both their option periods by giving the City 180 days written notice in advance of the commencement date of such option period. 7. For so long as Xerox is in full occupancy of the Xerox Parcel and until such time as alternative access to the Parking Lot Parcel is developed, 10 • • Xerox agrees to provide reasonable access to the City, its agents, servants, employees and invitees through its driveway off of Southcenter Blvd. located at 6400 Southcenter Blvd. In exchange for this reasonable access, the City agrees to promptly sand, clear and keep the driveway clear from ice and snow during this period. The City shall use reasonable efforts to establish alternative access to the Parking Lot Parcel promptly. Until such time that the the City has developed the Parking Lot Parcel, and access to same, and designated the final location of the twenty parking spaces provided in this Agreement, then Xerox shall have the right to park up to fifteen (15) cars on the currently paved portion of the Parking Lot Parcel, which is adjacent to the Xerox Parcel. The City shall diligently commence and diligently pursue the development of the Parking Lot Parcel and the designation of the twenty (20) parking spaces. 8. Effective Date. This license shall become effective upon the transfer of ownership of the Parking Lot Parcel from Xerox to the City. Upon the request of either party, both parties shall execute a letter agreement which confirms the effective date of this Agreement. 9. Binding Nature. This Agreement shall be in full force and shall be binding upon and inure to the benefit the tenants, subtenants, heirs, assigns, and successors of the parties hereto. Without limiting the generality of the foregoing, it is the intent of the parties hereto that Xerox's rights under this agreement shall be freely assignable or otherwise transferable to any tenant, subtenant or other party occupying the building commonly known as 6400 South Center Boulevard, Tukwila, Washington. 10. Recording All provisions of this Agreement, including the benefits and burdens, run with the land and are binding upon and inure to benefit of the parties referred to in Section 9 above. The covenants contained 11 • • in this Agreement are covenants running with the land . Upon the sale, transfer or conveyance of all or any portion of the Parking Lot Parcel, such purchaser or transferee shall be deemed to have agreed to and accepted all of the terms of this Agreement. Either party hereto shall have the absolute right to record this Agreement on the land records of King County, Washington, against either or both of the Parking Lot Parcel and/or the Xerox Parcel. DATE: /V;✓e7tie�`7L / % 1g.11 CITY OF TUKWILA XEROX CORPORATION By or John W. Rants Attest/Authenticated : f'\ e. / ahfCantu ( C Clerk 0 -61 Approved as to form: C Lind. ' ohen City Attorney State of County of/ By Ma A. Flaim, Ma ager Cor. orate Real Estate West On this3 1"day bf � , 1994, befo ,e me, thundersigned, a �u Notary6Tic in and tor the State of,����U�-,,��, , duly 12 94121/10i17 • • commissioned and sworn, personally appeared Soil rt. Zd. (l?ctq, s. to me known to be the person who signed as el, t. , the corporation /governmental of execute the wi in . n. oregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation / governmental entity for the uses and purposes therein mentioned, and on oath stated that she/he was duly elected, qualified and acting as said-, , r of the corporation /governmental entity, that she/he was aui ho, edTo execute said instrument and that the seal affixed, if any, is the cor.orate/governmental seal of said corporation / governmental entity. WITNESS my hand and official seal hereto affixed the day and year in this certificate abov- written. Mytorraii.sjvrAt .'yesi =-- meep 2 • ►#��, T`?�. ;JP WASII so- -9-cil I iv AR. - N: -'*-- •i>G PtALIC ..16 ' �*\.# , pWASN`e..°��� State of County of On this 17-1-tA day of NJ eM ,1994, before me, the undersigned, a Notary Public in and tor the State of CA- Fo'l-NIi- , duly commissioned and sworn, personally appeared—M'-n IC P. FL, to me known to be the person who signed as 1 GM1P. (moots o ve-)rof ?C�2o-c Coa pslPc-no '- , the corporation / enta1-- jthaf execufecTfhe within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation /governmental entity for the uses and purposes therein mentioned, and on oath stated that she/he was duly elected, qualified and acting as said ninC.ot-kp.t 06.11 corporation / governmental entity, that she/he was au orized-ro execute said instrument and that the seal affixed, if any, is the corporate/governmental seal of said corporation / governmental entity. WITNESS my hand and official seal hereto a jed the day and year in this certificate abovn. NOIAkYPUBLICINANDFOR IHt5 ateof CA4., F'cieiv,A My Commission expires: COMM. # 1=7,)996 Notary Public — California ORANGE COUNTY Limp My Comm. Expires OCT 22. 1997 1851 EST 1ST ST 0 SANTA ANA. CA 92705 13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 .,/.1l-/l././ll.�.././l./1�.�./lllJ1�l!�'lt_/./lll./l�"1Jtl./l../lel./.✓./ll./l1"Jlll././J!I..rll�1.1./� State of e Aft- I e A County of 4 • #4') 6 E On I✓a /7 / 9 "f9 before me, oiveved �_ J Ac.d.¢ if1oT4? DATE NAME, TITLE OF OFFICER - E.G., "JAN€ DOE, NOTARY PUBLIC" personally appeared M A 2K e .+1 NAME(S) OF SIGNER(S) ❑ personally known to me - OR - M proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the J k- person(s) acted, executed the instrument. RONALD E. SALDA COMM.* 10 z WITNE : ► hand and official s z : ` • 9 te: Notary Public - California a ORANGE COUNTY My Comm. Expires OCT 22. 1997 1851 EST 1ST ST #900 SAMA ANA, CA 92705 OPTIONAL SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ LIMITED ❑ GENERAL Y /-t /.vG !s'deFG=ir, E ---"J 7-- 1-1 n ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR A/ Xi OTHER: /1/ /7 GI -- C GIQ pGaA TE is a t. E's -r-01" rC G ) 6 s SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) jy1 s9 N si Cc TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES Aloe) /7 j 9 9 y DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184