HomeMy WebLinkAboutKennydaleBeach_Lease and Ownership TransferPortofSeattJeKingCountyRECEIVEDFEB152013February14,2013C41DYOF_RENONPUBLICWORKSADMINRE:EastsideRailCorridorNoticeofNewOwnershipDearEastsideRailCorridorTenant:OnFebruary13,2013,KingCounty(County)purchaseda15.6-mileportionoftheEastsideRailCorridor(ERC)fromthePortofSeattle.Thisactionisthefinalstepinaneffortthatbeganin2003whentheBurlingtonNorthernSantaFeRailwayCompany(BNSF)announceditsintentiontosella42-milecorridorthatextendsfromRentontoSnohomish.RecordsobtainedfromBN$FandthePortindicatethatyouareacurrenttenantonpropertythatisnowownedbytheCounty.Atenantincludesanyentitythatholdsapermit,thirdpartylease,license,orcontracttouseaportionofthecorridorforprivatedriveways,parkingutilitycrossingsorotherpurposes.ifyourtenancyontheERChasrequiredthepaymentofrentonaperiodicbasis,youshouldsendrentalpayments,consistentwiththetermsofyourexistingagreement,dueonorafterFebruary28,2013,totheCountyatthefollowingaddress:KingCountyRealEstateServices500FourthAvenue,Room830Seattle,WA98104PleasemakeyourcheckormoneyorderpayabletoKingCountyFinanceandincludeyourpermitnumberonyourformofpayment.Ifyourtenancyhasrequiredapaymentofrentonaperiodicbasisandifanyofyourpaymentswereduepriortofebruary28,2013,youshouldsendthetotalamountofsuchpaymentstothePortofSeattleatthefollowingaddress:PortofSeattleP.O.Box34249Seattle,WA98124-1249PleasemakeyourcheckormoneyorderpayabletoPortofSeattle.
LAG 00’Y-$5
No.247,678 -
INDEFINITE TERM LEASE
Re:229,863,10-16-78 6 200G
CQf,RENTor
‘
THIS LEASErnade 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,
whosepostolficeaddressis Renton Park Department,200 Miii Avenue South,Renton,Washington98055
hereinafter called “Lessee”,
WITN ESSETH:
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 King ,State of Washington
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 greenonsaidExhibit“A”.
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 located 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 or
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 opeatng thereon a park with bathing beach facilities and recreational equip
ment.
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 rental 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.
Form 60013 11-79
The blUing or acceptance by Lessor of any advance rental hereunder shall not imply any definite term to this leasenorwillitservetoextendthisleasefortheperiodoftimecoveredbysuchrentalpaymentorotherwiseoperatetorestricteitherpartyheretofromterminatingthiseaseinaccordancewiththeprovisionsofparagraph15.
3.Lessor reserves the right to change the rental stipulated herein at any time while this lease remains ineffect.
4.f a)Lessee shall pay all taxes,license fees and other charges (see paragraph 4 (b)below.for payment ofspecialassessmentsforpublicimprovements)which may become due or which may be assessed against saidpremises,against Lessee,against the business conducted on said premises or against any and all improvementsplacedthereonduringorfortheperiodoftheactualtermhereof,even though such taxes,license fees or otherchargesmaynotbecomedueandpayableuntilafterexpirationorcancellationofthislease.Lessee shall reimburseLessorforanysuchtaxes,license fees or other charges which may be paid by Lessor promptly upon thepresentationbyLessor,of bills for the amount thereof,and in default of such reimbursement,all sums so paid byLessorshallbedeemedtobeandshallbetreatedasadditionalrentalandrecoverableassuchhereunder.
(b)In the event the premises hereby demised,or any part thereof,shall be subject to any specialassessmentforanypublicimprovementorimprovementsandsaidassessmentisintheamountofFiveHundredDollars($500.00)or less,Lessee shall reimburse Lessor in full,promptly upon the presentation by Lessor of billsfortheamountthereof.In the event the amount of said assessment exceeds Five Hundred Dollars t$500.00),therentalhereinreservedandstioulatedtobeoaidbyLesseeshallbeautomaticallyincreasedbyanamountequaltotwelvepercent(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 otner
obstruction within 8 feet laterally of the center line or within 23 feet vertically from the topof the rail of anytrack;provided that if by statute or order of competent public authority greater clearances shall be required thanthosepr.ovided for in this paragraph 5,then Lessee shall 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 compliancewithstatutoryrequirementswillnotbeorbedeemedtobeaviolationofthisclause.Lessee agrees to indemnifyLessorandsaveitharmlessfromandagainstanyandallclaims,demands,expenses,costs and judgments arising orgrowingoutoflossofordamagetopropertyorinjurytoordeathofpersonsoccurringdirectlyorindirectlybyreasonofanybreachoftheforegoingoranyothercovenantcontainedinthisagreement.
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 thetermsofanysuchorderandindemnifyandholdharmlessLessorfromandagainstanyandallclaims,demands,expenses,costs 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 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 orbedeemedtobeawaiveroftheforegoingcovenantsofLesseecontainedinthisclauseorofLessor’s right torecoverforsuchdamagestopropertyorinjurytoordeathofpersonsthatmayresulttherefrom.
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 all the rules,regulations and orders of any duly constituted authority and 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.If,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 with 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 the 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 incurred 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 destruction by fire incident to the operation,
maintenance or improvement of the railway,and Lessee accepts this lease subject to such dangers.It is therefore
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agreed,as one of the material considerations of this lease without which the same would not be granted,thatLesseeassumesallriskofloss,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 ofLessee,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.
fb)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 saidpremises;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 at 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 harmls’Lessor aäinst 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 shall consist of nonpayment of rental or taxes,or other charges,at the time of termination of
this lease in accordance with the provisions of this clause,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 shall 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 he liable to Lessor for such rental,including taxes,as Lessor 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 appropriate 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 Development and Property Management Department at 176 East Fifth Street,St.Paul,
Minnesota 55101.
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18.Nothing herein contained shall imply or import a covenant on the part of Lessor for quiet enjoyment.
19.Lessee accepts the leased premises subject to any and all existing permits,licenses,leases,easements,
railroad facilities;pipelines,telephone,telegraph,communication,power and signal lines or any other similar
facilities,together with any future installations thereof provided such future installations do not unreasonably
interfere with Lessee’s use of the leased premises.
20.The invalidity or unenforceability of any provision of this lease shall not affect or impair any other
provision.
Subject to the foregoing provisions,this lease and all of the covenants and promises thereof shall inure to the
benefit of and be binding upon the parties hereto and their executors,administrators,successors and assigns.
IN WITNESS WHEREOF,the parties have executed this lease,in duplicate,the day and year first
hereinabove written.
In Presence of:
,
BURLINGTON NORTHERN RAILROAD COMPANY
-
B/-•----/.
A.sistant Manager LeaseS
CITY OF RENTON
By
Attest
_______________
Cfty C]erk
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