HomeMy WebLinkAboutLease . LAG 0.0'�-85
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Re: 229,863, 10-16-78
THIS LEASE made this 16th day of January , 1985 , between
BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafter called "Lessor", and
CITY OF RENTON, a municipal corporation of the State of Washington,
whose post office address is Renton Park Department, 200 Mi 11 Avenue South, Renton, Washington
98055
, hereinafter called "Lessee",
WITNESSETH:
In consideration of the covenants hereinafter contained to be kept and performed by Lessee, Lessor hereby
leases to Lessee upon the terms and conditions hereinafter set forth the following described premises situate in the
City of Renton , County of Ki ng , State of Washi ngton .
All that part of the premises of the said Lessor as shown outlined red on the print
hereto attached, marked Exhibit A dated January 7, 1985, and made a part hereof;
Lessee is also hereby granted non-exclusive use of a roadway as shown outlined green
on said Exhibit "A".
. r . . � _. . , . . . . . . . . ... .. . . . . . ... . ., . . .. . . . . ,. . . , . . .. . .. , . . . ... . .
SAVING AND RESERVING to Lessor, its successors and assigns, the right to construct, maintain and
operate a railroad track or tracks or to construct, maintain and use or permit others to construct, maintain and use
buildings or other structures for railroad purposes focated or to be located upon any part of the above-described
premises not occupied by the buildings and structures hereinafter mentioned; to construct, maintain and use or
permit to be constructed, maintained and used by others any existing or additional pipe, telephone, telegraph or
power transmission line, or water or sewer system, or other such facilities, over, on or beneath the said premises; to
make any change in grade or location of its railroad or any of its tracks, or to rearrange its station facilities, or to
use the said premises or any part thereof for railroad purposes; to allow the placement of signs and signboards for
commercial or other purposes upon the leased premises so long as the placement of such signs or�signboards does
not interfere with the operation of Lessee's business on said premises; and further saving and reserving to Lessor ar
its agent the right to enter thereon for any one or more of such purposes without payment to Lessee of any sum
for damage of any nature which may be caused thereby.
Lessee hereby leases said premises from Lessor for the indefinite term hereof subject to the covenants and
promises following,which Lessee agrees to observe and perform, to-wit:
1. Lessee shall use and occupy said premises for the sole and exclusive purpose of constructing,
maintaining, and operating the�eon a park wi th bathi ng beach faci 1 i ties and recreati onal equi p-
r��ent. �
No other buildings, structures, additions, alterations or improvements shall be erected or made on the premises by
Lessee or at the direction of Lessee, save with the express permission of Lessor in writing and at the sole cost of
Lessee.
2. Lessee shall pay annually, in advance, as �ental for said premises the sum of Three Hundred Seventy—
Five and No/100 Dollars ($375.00) for the first five (5) year period and for each five (5)
years thereafter.
I orm 6U013 11-79 1
The billing or acceptance by �es'�✓. of any advance rentai hereunder shall r`�imply any definite term to this lease
Flor will it serve to extend this lease for the period of time covered by such rental payment or otherwise operate to
restrict either party hereto from terminating this lease in accordance with the provisions of paragraph 15.
3. Lessor reserves the right to change the rental stipulated herein at any time while this lease remains in
effect.
4. (a) Lessee shall pay all taxes, license fees and other charges (see paragraph 4 (b) below.for payment of
special assessments for public improvements) which may become due or which may be assessed against said
premises, against Lessee, against the business conducted on said premises or against any and all improvements
placed thereon during or for the period of the actual term hereof, even though such taxes, license fees or other
charges may not become due and payable until after expiration or cancellation of this lease. Lessee shall �eimburse
Lessor for any such taxes, license fees or other charges which may be paid by Lessor promptly upon the
presentation by Lessor of bills for the amount thereof, and in default of such reimbursement, all sums so paid by
Lessor shall be deemed to be and shall be treated as additional rental and recoverable as such hereunder.
(b) In the event the premises hereby demised, or any part thereof, shall be subject to any special
assessment for any public improvement or improvements and said assessment is in the amount of Five Hundred
Dollars ($500.00) or tess, Lessee shall reimburse Lessor in full, promptty upon the presentation by Lessor of bills
for the amount thereof. In the event the amount of said assessment exceeds Five Hundred Dollars ($500.001,the
rental herein reserved and stioulated to be qaid bv Lessee shall be automatically increased by an amount equal to
twel ve percent (12�) per annum of the total amount of said assessment.
5. Lessee shall not place, or permit to be placed, or to remain, any material, structure, pole or otne�
obstruction within 8'/z feet laterally of the center line or within 23 feet vertically from the top of the rail of any
track; provided that if by statute or order of competent public authority greater clearances shall be required than
those provided for in this paragraph 5, then Lessee shalt strictly comply with such statute or order. However,
vertical or lateral clearances which are less than those hereinbefore required to be observed but are in compliance
with statutory requirements will not be or be deemed to be a violation of this clause. Lessee agrees to indemnify
Lessor and save it harmless from and against any and all claims, demands, expenses,cos�s and judgments arising or
growing out of loss of or damage to property or injury to or death of persons occurring directly or indirectly by
reason of any breach of the foregoing or any other covenant contained in this agreement. �� � � ' � "
Should either or both the lateral and vertical clearances hereinbefore required to be observed be
permitted to be reduced by order of competent public authority, Lessee hereby agrees to strictly comply with the
terms of any such order and indemnify and hold harmless Lessor from and against any and all claims, demands,
expenses, costs and judgments arising or growing out of loss of or damage to property or injury to o� death of
persons occurring directly or indirectly by reason of or as a result of any such reduced clearance.
Lessor's operations over the track with knowledge of an.unauthorized reduced clearance shall not be or "'
be deemed to be a waiver of the foregoing covenants of Lessee contained in this clause or of Lessor's right to
recover for such damages to property or injury to or death of persons that may result therefrom.
6. Lessee, at Lessee's sole cost and expense,shall install and maintain adequate facilities for fire protection
in all buildings and structures upon said premises. Lessee also, at Lessee's sole cost and expense,shall observe and
comply with aIP the rules, regulations and orde�s of any duly c�rtstituted authority arid'of any board of fire�
underwriters having jurisdiction of said premises and all provisions of any fire insurance policy covering said
premises.
7. Lessee shall not permit the existence of any nuisance on said premises; shall maintain and keep the same
in proper, clean, safe and sanitary condition and free and clear of any explosive, flammable or combustible materiat
which would increase or tend to increase the risk of fire, except for such material as may be necessary to Lessee's
business; and further, Lessee shall keep, observe and comply with all federal, state and local regulations,ordinances
and laws, and with the regulations of any duly constituted legal authority having jurisdiction of the premises,and
at Lessee's sole cost shall make any and all improvements, alterations, repairs and additions and install all
appliances required on said premises by or under any such regulations,ordinances or laws. tf,as a result of Lessee's
occupancy of the premises and its operations hereunder, any such regulation, ordinance or law is violated, Lessee
shall protect, save harmless, defend and indemnify Lessor from and against any penalties, fines,costs and expenses,
including legal fees and court costs incurred by Lessor, caused by, resulting from, or connected with such violation
or violations. Lessee shall not place or permit to be placed any advertising matter upon any part of said premises or
upon any improvements thereon except such as is necessary to advertise Lessee's own business.
8. Lessee shall comply wiih all applicable laws and ordinances and all rules, regulations and requirements of
any governmental authority promulgated thereunder controlling environmental standards and conditions on the
premises. If, as a result of Lessee's occupancy of ihe premises and its operations hereunder, any such law,
ordinance, rule, regulation or requirement is violated, Lessee shall protect, save harmless, defend and indemnify
Lessor from and against any penalties, fines, costs and expenses, including legal fees and court costs incur�ed by
Lessor, caused by, resulting from or connected with such violation or violations.
9. Lessee, at Lessee's sole cost and expense,shall keep the premises hereby demised in good condition and
shall make all repairs and renewals that from time to time may be necessary to keep any improvements which may
be located thereon in good condition and repair and ready and fit for occupancy.
10. (a) It is understood by the parties that said premises are in dangerous proximity to the tracks of Lessor
and that property on said premises will be in danger of injury or dest�uction by fire incident to the aperation,
maintenance or improvement of the railway, and Lessee accepts this lease subject to such dangers. It is therefore
2 . .
agreed, as one of the materiai con�erations of this lease without which� same would not be granted, that
Lessee assumes all risk of loss, damage or destruction by fire to buildings or contents or to any other property
brought upon or in proximity to said premises by Lessee, or by any other person with the consent or knowledge of
Lessee, without regard to whether such fire be the result of negligence or misconduct of any person in the employ
or service of Lessor or of defective appliances, engines or machinery,except to the premises of Lessor and to rolling
stock belonging to Lessor or to others, and to shipments of third parties in the course of transportation. Lessee
hereby indemnifies and agrees to protect Lessor from all such loss, damage or destruction to property, including
claims and causes of action asserted against Lessor by any insurer of said property.
{b) Lessee also agrees to indemnify and hold harmless Lessor for loss, damage, injury or death from any
act or omission of Lessee, Lessee's invitees, licensees, employees,or agents,to the person or property of the parties
hereto and their employees, and to the person or property of any other person or corporation while on or near said
premises; and if any claim or liability, other than from fire, shall arise from the joint or concurring negligence of
both parties hereto, it shall be borne by them equally.
11. It is agreed that the provisions of paragraphs 5 and 10 are for the equal protection of any other railroad
company or companies, including National Railroad Passenger Corporation (Amtrak), heretofore or hereafter
granted the joint use of Lessor's property,of which said premises are a part.
12. (a) Without the written consent of Lessor, Lessee shall not assign this lease or any interest therein, or
sublet, and no heir, executor, administrator, receiver, master, sheriff, trustee in bankruptcy, or other assignee by
operation of law shall assign or sublet without such written consent.
(b) In the event of assignment of this lease, Lessor, having no advice to the contrary, shall a� such time
credit all unearned rental hereunder to the assignee. Any other disposition of unearned rental will be made by
Lessor only upon the joint written request of both Lessee and Lessee's assignee at the time of submitting said
assignment to Lessor for its consent. .
13. If, because of any act or omission of Lessee, any mechanic's lien or other lien, charge or order for the �
payment of money shall be filed against Lessor or any portion of the demised premises, Lessee shall, at its own cost
and expense, cause the same to be discharged of record within thirty (30) days after written notice from Lessor to
Lessee of the filing thereof; and Lessee shall indemnify and save harmless Lessor against and from all costs,
liabilities, suits, penalties, claims and demands, including legal fees and court costs, resulting therefrom.
14. Each and all of the covenants and promises made by Lessee herein are material considerations herefor,
and upon the breach or non-performance by Lessee of any of the said covenants or promises, Lessor, at its option,
may re-enter said premises, or any part thereof in the name of the whole, upon ten (10) days' written notice to
Lessee, and may have, repossess and enjoy the same as of its former estate, and may terminate this lease and all
rights hereby granted. A waiver by Lessor of a default shall not be deemed a waiver of any subsequent default of
Lessee. If the default siiall consist of nonpayment of rental or taxes, or oth�r charges, at the time of termina'tion of �
this lease in accordance with the provisions of this ctause, such nonpayment of rental and taxes shall, until paid,
constitute a lien upon said structures, improvements and property owned by Lessee and the lien may be foreclosed
according to law. Lessee shall not remove said structures, improvements or property until said rental, taxes or other
charges are paid, unless directed to do so by Lessor.
15. Notwithstanding any requirement herein for payment of rental in advance for a period in excess of one
month, it is further agreed that either party may terminate this lease at any time for any reason upon giving the
other party not less than thirty (30) days' written notice of such termination; provided, however, that rent shal) be
paid by said Lessee to the date of termination fixed by said notice. Upon the date of termination of this lease,
Lessee shall, at its own sole cost and expense, remove or cause to be removed all buildings, structures, foundations,
footings, materials, signs or signboards, debris or other articles or facilities owned or used by Lessee or placed on,
above or below the surface of the premises by Lessee or by any person, firm or corporation or former Lessee.
Lessee agrees to restore and level the premises to a condition satisfactory to Lessor.
It is expressly understood by Lessee that until such time as the premises are surrendered to Lessor free
and clear of all buildings, structures, foundations, footings, materials, signs or signboards, debris or other articles or
facilities not belonging to Lessor and the premises are restored to a neat and orderly condition satisfactory to
Lessor, Lessee shall be liable to Lessor for such rental, including taxes, as Cessor may from time to time determine.
Lessee shall also be liable to Lessor for any and all losses and/or damages which Lessor may sustain or become
liable for resulting from the failure of Lessee to restore the premises to a neat and orderly condition. Lessor may at
its own sole election appr�opriate any property or improvements remaining on the demised premises for its own use
without compensation to Lessee, or may dispose of any such property or improvements without any liability
whatsoever to Lessee and charge Lessee for all cost and expense incidental to such removal.
16. All notices hereunder to be given by Lessor to Lessee may be effectually given by letter from Lessor or
its agent or attorney forwarded by Certified Mail—Return Receipt Requested, postage prepaid,addressed to Lessee
at Lessee's post office address above stated or at such address as Lessee may later give Lessor in writing.
17. All notices hereunder to be given by Lessee to Lessor may be effectually given by letter from Lessee or
Lessee's agent or attorney forwarded by Certified Mail—Return Receipt Requested, postage prepaid, addressed to
Lessor's Industrial Oevelopment and Property Management Department at 176 East Fifth Street, St. Paul,
Minr�esuta 55101.
3
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. � 1$. Nothing he�ein conta�ed shal! imp4y or import a covenant on the pa�t o# l.essor for quiet enjoyment.
19. Lessee accepts the leased premises subject to any and all existing permits, licenses, leases, easements,
rai{road faciiities, pipeiines, telephone, telegraph, cammunicatian, pawer and signal lines or any other simiiar
facitities, togethe� with any future instatiatians thereof pravided such future installatians do not unreasonab4y
interfere with Lessee's use of the leased premises.
20. The invalidity or unenfarceability of any pravision of this lease shall not affect ar impair any othe�
provision.
Subject to the foregoing pravisions, this {ease and ali af the covenants and pramises thereof shall inure to the
benefit af and be binding upon the parties hereto and their executors, administratars,successars and assigns.
tN WlTNESS WHEREQF, the parties have executed this lease, in duplicate, ihe day and year first
hereinabove written. •���
�� p�Q���e af: BURLINGTON NORTHERN RAILROAD CQMPANY
By �
,.. � .: 'Ufanager �eases
' � r.,� �,`��_�����.�- C ITY OF REKTQN
—..�t���� J�x .��1�/� BY�1AJ1�G.►ZG� 1�. �S'�►.t-"�OC``�.
Mayor
Attest ���at-�r�+c-e�������-�� .
City Clerk
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BURLINGTON NORTHERN RAILROAD
Continental Plaza
SALES AND PROPERTY 777 Main Street
MANAGEMENT DEPARTMENT Fort Worth, Texas 76102
January 15, 1985
City of Renton
Renton Park Department
200 Mill Avenue South
Renton, Washington 98055
Gentlemen:
RE: Permit 247,678 - park with bathing beach facilities and recreational
equipment - Renton, Washington
Enclosed, in duplicate, is the above-mentioned agreement which is a
reissue of Permit 229,863 held by the Cii:y
BOTH copies should be signed in the presence of witnesses and returned
for signature on behalf of Burlington Northern. One copy will be
returned for your record.
Please send a check in the amount of $330.12 to cover the rental due for
the five year period beginning January 16, 1985. Credit has been given
for payments received under Permit 229,863.
Sincerely,
��
�, ..��,�,:��'�-- ��,-y.✓�.-,
R. L. Schwinghammer
Lease Representative
Enclosures
er1s0115.1
� �
. OF R��
�
� „ � o THE CITY OF RENTON
U `/ � Z' MUNICIPAL BUI LDING 200 MI LL AVE. SO. RENTON,WASH. 98055
� � o BARBARA Y. SHINPOCH, MAYOR • PARKS and RECREATION
�9,0 �' JOHN E. WEBLEY - DIRECTOR
O9��F� SEP�E���P 235-2560
M E I�i 0 R A N D U M
January 21, 1985
T0. Maxine E. Motor, City Clerk
FROTi: John E. Webley, Parks Director
SI7BJECT: Burlington Northern Railroad/City of Renton
Park Department-Permit ��247,678---Bathing
Beach Facilities and Recreational Equipment
Attached, in duplicate, is the abovementioned agreement for
your signature and returned to Burlington Northern for
execution of document.
Please forward a fully e�ecuted copy to our office, thank
you.
JEW:ms
Attachments
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�EMQRANDUM
Tp John Webley-Park Director ,,�y��r�� DATE 1 j28 j85
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FRQM Maxine Motor-City Cler
SUBJECT Check-BN Lease Kennydale Beach Park
Please request a Treasurer" s check in the amount of $330.12 to cover the
' rental due for the five year period begi�} i�an. 16, 1985, We will mail
the leases together with the check. �,'/ y
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CITY QF RENTC}N �
, Request for Treasurer's Check �
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Date of request 1-29-85 Requesting Department ��; ,i ,z,.�rr,�:�r,�nn '
Date required / —� l�,�.�
REASC?N FOR CHECK :
� Daposit �tefund - Please provide the following infarmation: {
� 1
Name , �
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Finance Receipt # 1
Receipt Da#e Amount $ �
x pt,her ' � - Des�ribe circumstances requiring issuance af check: �
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13URI.Ij�iC:TON NORTEiERN RAtj�--to cover �,�nt-i�l ,rttt� }
for £iv� vear �reriad b�s�innin�; 1-2b�$5
CNECK PREPARATION INSTRUCTIONS:
Amaunt: $ 330. i� Payable to BURLT1vGT01a NUk7'hEkiV RAT.LROAD '
fi
Charge to Accaunt # z�llooc�l•?{�1s�st�ol47.06
Return check to department
� Mail check to BUr�LINGTON t�ORTHkRN ftAtLROAD ,
Continent-al Pl.azu
777 I�ain Stre+�t ,
�'art 'tdorth, TEXAS 76102
Clther .
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Auth iz�fiigr�atu��'`=��i ting Dept.
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APPRGIVED:
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, l�';�%' . .- r� . C heck # �`I(I Da te i _ '� c!a --,�� �
' Finance Department -
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OF R��
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� ,; �� o THE CITY OF RENTON
U `/ �� Z MUNICIPAL BUIIDING Z00 MILI AVE. SO. RENTON,WASH.98055
� � o BARBARA Y. SHINPOCH, MAYOR • MAXINE E.MOTOR,
�9,� �o' CITY CLERK • (206) 235-2500
�
O9�TF0 SEP�E�O
January 30, 1985
R. L. Schwinghammer
Lease Representative
Burlington Northern Railroad
Continental Plaza
777 Main Street
Fort Worth, Texas 76102
Subject: Permit 247, 678 - park bathing beach facilities and
recreational equipment - Renton, Washington
Dear Sir:
Enclosed please find two signed originals of the lease as above-
referenced signed by City of Renton Officials along with a
Treasurers Check for $330. 12 to cover the rental due for the five
year period beginning January 16, 1985 .
Please return one fully-signed original of Permit 247,678 and
Permit 229, 86�. to this office.
Very truly yours,
CITY OF RENTON
� ������
Maxine E. Motor
City Clerk
enclosures
_.... . ... _ ,�, ,
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- CITY OF RENTON 5 7�
CITY TREASURER'S CHECK 18•3/�250
200 MII.L AVE.SOQ'fH
RENTON,WASH[NGTON 98055 JAN. 30 1 J_$,�,_
PAY TO THE ���.�2
t)RDER OF BURLINGTQN NORTHERN RAILROAD $
�`��'i'.�.'�.�t"�`'��i��������i � ��`i�� D4LLARS
IiAuvir:ttl3n�vsw
flA{NiER NAT�ONAL 6ANK
RenEon Otlice•P.O.Box 599
iienton,WashingWn 98�7
Foa �� ' " ' c.' �_
��'000 5 ?0��' it L �' 5000� 3 ?�: 0 5 ?0� S8 68 5��' �
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T ` Jones Lang LaSalle Americas, lnc. B�s�
rO�E$ L�G 3017 Lou Menk Drive,Suite 100
LASALLEo Fort Worth,Texas 78131-2800
tef+1 817-230-2600,fax+1 817 306-8265
March 28, 2012 '�.�.��i�- r_���'
City of Renton
Park Department
1055 S. Grady Way, 5th Floor
Renton, WA 98055
Re: Termination for City of P.entar at Rent�r, WA (BNS�.�..ease 247.673)
CMRR#7011 350d 0000 0247 1915
Dear Lessee:
Please be advised that fhe subject agreement with BNSF Railway Company, City of Renton, for
constructing, maintaining, and operating her`on a park with bathing beach facilities and
recreational equipment has been terminafed as of 12/18/09. .
Such termination shall not release any Party hereto from any liability or obligation under the
instrument(s) hereby terminated, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date of termination or thereafter in case by the
terms of said instrument(s) it is provided that anything shall or may be done after termination
hereof.
Should you have any questions relative to this matter, please contact Mary Kaye Bardue at
(206) 748-9427.
The Sfaubach Company has merged with Jones Lang LaSalle and is acting as represenfative
for BIVSF Railway Company. �
Since�ely,
Darlene G. Doubt
Contract Coordinator
cc: Mary Kaye Bardue, Lease Manager .
BNSF Railway
.� .