HomeMy WebLinkAboutLease . ir'` �
No. 236,636
INDEFINITE TERM LEASE
THIS LEASE made this l�t day of ���rl►. 19 81 ,
between BURLINGTON NORTHERN INC., a Delaware corporation, hereinafter called "Lessor", and
CITY 0�' RENTON, PARK DEPAR'II�iF.�TT,
, whose post office address is 200 Mill Avenue South, Rertton, Washington 98055
, hereinafter called "Lessee",
WITNESSETH:
In consideration of the covenants fiereinafter 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 Rien�n , County of �q , State of Washingto� •
Ali ttsnt part of the prenafses� o� �he said Leesc�cr a� el�oWn colcaoc�d r�d oei tha print
hereto attachsd, mmrked Exhibit "A" dated Dece�nber 30, 1980, and ma�de a part h�rsot.
SAVING AND RESERVING to Lessor, its successors and assigns, the right to construct, maintain an�,
operate a railroad track or tracks or to construct, niaintain and use or permit others to construct, maintain and usf�
buildings or other structures for railroad purposes ►ocated or to be located upon any part of the above-describec�
premises not occupied by the huildings and structures hereinafter mentioned; to construct, maintain and use o�
permit to be constructed, maintained and used by others any existing or additional pipe, telephone, telegraph oi
power transmission line, or water or sewer system, or other such facilities, over, on or beneath the said premises; rc,
make any change in grade or location of its railroad or any of its tracks, or to rearrange its station facilities, or t�
use the said premises or any part thereoi for railroad purE�oses; to allow the placement of signs and signboards fc�i
commercial or other purposes upon the leased premises so long as the placement of such signs or signboards doe�,
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 therehy.
Lessee hereby leases said premises from Lessor for the indefinite term hereof subject to the covenants an�l
promises following, which Lessee agrees to observe and perform, to-wit:
1. Lessee shall use and occupy said premises for the sole and exciusive purpose of oes+ctx�rei�iwgT.
' beautitication, acaesa roedMe►y and teno�.
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 �, in advance, as rental for said premises the sum of �r� � ��100
Dollars ($30.00) far the firet fiae (5) year period and for each aub�equent fi�s (5) y�ars
thaC thixr leaae ramnins in effact.
Forni FiU013 71 79 �
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3"he bi1ling or acceptance by �essvr or riny ��civance rentaf ��k�re.under shall not imply any definite term ta this lease •
r�or wil! it serve to extend this le � #c�r thc G�e�-�od of time covered by such �tal payment or otherwise aperate ta
restrict either party t�ereta from �inating this ieasc in t,ccordance with t1're+�rovisions af paragraph 15.
3. Lessor reservcs tl�c iic}lit to cl�any�� !!u� rcr�t,�l sti��ul��led herein at a�ay tin�e wf�i4e this lease rer�ains in
effect.
4. f a} Lessee shall pay ail taxes, license fees and oti7er charges {see paragraph 4 (b) befow.for payment of
special assessments far public improvements} which may become due ar which may be assessed against said
premises, against Lessee, against the business conducted on said premises or against any and all improvements
placed thereon during or for the period af the actual term t�ereof, even though such taxes, iicense fees or other
charges may not become due and payable until after expiration or cancellation of this lease. Lessee sha11 reimburse
Lessar for any such taxes, license fees or other charges which may be paid by �essor promptly upan the
presentatian by Lessor of bills for the arnount thereo#, and in default of such reimbursement,alf st�ms so paid by
Lessar shall be deemed to be and shall be treated as additional rental and recoverable as such hereunder.
, (b} In the event the premises i�ereby demised, or any part thereof, shall be subject ta any speciai
assessment for any pubiic improvement or improvements and said assessment is in the amount af Five Hundred
Daflars {$�00.00} or iess, Lessee shall re'rmburse Lessor in full, promptly upan the presentation by Lessor af bills
for the amount thereof. In the event the amount of said assessment exceeds Five Hundred Dollars {$500.00), the
rental herein reserved and stioulated to be oaid bv Lessee shall he automatical4y increased by an amount eq�al to
'thizteer► Pez'cer►t (13�) per annum ot the total amount of said assessment.
5. Lessee shall not place, or permit to be pfaced, ar to remain, any material, structure, pole or other
obstruction within 8Y2 feet laterally of the center line or within 23 feet vertically from the top af 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 shall strictiy comply with such statute ar order. Hawever,
vertical or latera( clearances which are less tiian thase hereint�efore required to be observed but are in compliance
with s#atutory requirements will nat be or be deemed to be a vrolation of this ciause. Lessee agrees to indemnify
Lessor and save it harmless from and against any and all claims, demands, expenses, costs and judgmen#s arising or
growing out of lass of or damage to property or injury to ar death of persons occurring directly or indirectly by
reasan of any breach of the foregoing ar any other covenant cantained in this agreement.
Should either ar both the fateral and vertical clearances hereinbefore required to be observed be
permiited to be reduced by order af competent public authority, Lessee hereby agrees ta strictly comp#y 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 grawing out of loss of or damage to praperty or injury to or death of
persons occurring directly or indirectiy by reason of or as a result of any such reduced clearance.
Lessor's operations aver the track with knawledge af 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 af Lessor's right to
recover for such damages to property or injury to or death of persons that may result therefram.
6. �essee, at Lessee's sole cast and expense, shall install and maintain adequate faciiities for fire protectian
in all buildings and struct�res upon said premises. �essee also, at �essee's sole cost and expense, shal{ observe and
comply with all the ru4es, regulatians and orders of any duly canstituted authority and af any board of #ire
underwriters having jurisdiction of said premises and a!{ pravisions of any fire insurance policy covering said
premises.
7. Lessee shall not permit the existence af any nuisance on said premises; shall maintain and keep the same
in proper, ciean, safe and sanitary condition and free and clear of any explosive, flammable or cambustible material
which wouid increase or tend ta increase the risk af fire, except for such materiai as may be necessary to Lessee's
business; and further, l.essee sha11 keep, abserve 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 p�emises, and
at �essee's sole cost st�all make any and a!1 improvements, afteratians, repairs and additions and instali all
appliances required on said premises by or under any such regulations,ordinances or laws. If,as a result o# �essee`s
occupancy of the premises and its operations hereunder, any such regulation, ordinance or law is violated, Lessee
shall pratect, save harmless, defend and indemnify �essor 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 nat p(ace or permit to be placed any advertising matter upon any part of said premises or
upon any improvements therean except such as is necessary to advertise Lessee's awn business.
$. Lessee sha13 comply with all applicable laws and ordinances and all rules, regulations and requirements af
any governmenta! authority prornulgated thereur�der controlling environmental standards and conditions an the
premises. If, as a resuft of Lessee's occupancy af the premises and its operations hereunder, any such law,
ordinance, rule, regulatian or requirement is violated, Lessee shall protect, save harmless, defend and indemnify
Lessar from and against any penalties, fines, costs and expenses, including legal fees and court costs incurred by
Lessar, caused by, resulting from ar cannected with such violation or violatinns.
9. �essee, at Lessee's sole cost and expense, shalE keep the premises hereby demised in goad canditian and
shall make alk repairs and renewals that from time to #ime may be necessary to keep any improvements which may
be lacated therean in good condition and repair and ready and fit far occupancy.
�
10. (a) It is understoc�d 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 ta the operation,
maintenance or improvement af the railway, and Lessee accepts this iease subject to such dangers. It is therefore
2
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agreed, as one of the materiai considerations af this iease without which the same wauid not be granted, that
Lessee assumes a!! risk of loss, damage or destructian by fire to buiidings or contents or ta any ottier property
brought upon or in proximity ta said premises by �essee, or by any other person with the consent or knowledge af
Lessee, without regard to whether such fire be the resuEt of negligence or miscondt�ct af any person in the empioy
or service of Lessor or of defective appliances, engines or machinery,except to the premises of Lessor and to rolling
stack beionging to Lessor or to athers, and to shipments af third parties in the course of transpnrtation. Lessee
hereby indemnifies and agrees to pratect Lessor from all such loss, damage or destruction to praperty, including
ciaims and causes of action asserted against Lessor by any insurer of said praperty.
(b) Lessee a{so agrees to indemnify and hold harmless Lessor for loss, damage, injury or death from any
act or omission of Lessee, Lessee's invitees, licensees, empioyees, or agents, to the persan ar property of the parties
l�ereto and their employees, and to the person or property of any ather person ar corparation while an or near said
premises; and if any claim ar liability, ather than from fire, shall arise from the joint ar concurring negligence of
bpth parties hereto, it shall be borne by them equally.
{a} 1��tA►ith�taru'iing the �'oregoing, nothing herein aontained is to ba conetrued
a� an �.rid�saitication a�qainst the sole neqlig�anae of Lesaor, i.ts officer�, e�aployees ar
agents,
11. It is agreed that the provisions of paragraphs 5 and 10 are for the equal protection of any other railroad
company ar companies, inciuding National Raiiroad Passenger Corporation (Amtrak), heretofore or hereafter
granted the joint use of �.essor's property,af which said premises are a part.
12. {a} Witho�t the written consent af Lessor, �essee shall not assign this lease ar any interest therein, or
sublet, and na heir, executar, administratar, receiver, master, sheri##, trustee in bankruptcy, ar ather assignee by
operatian af law shal! assign or sublet without such written consent.
(b) In the event of assignmei�t 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
�essor aniy upon the joint written request af both Lessee and Lessee's assignee at the time of submitting said
assignment to �essor fiar its consent.
13. If, because of any act or omission af �essee, any mechanic`s lien ar other lien, charge or order for the
payment of mar�ey shall be filed against Lessor or any portion of the demised premises, Lessee snall, at its own cost
and expense, cause the same to be discharged of record within thirty (3Q} days after written notice from �essor to
Lessee of the filing thereof; and Lessee shall indemnify and save harmless Lessor against and from al! costs,
liabilities, suits, penalties, claims and demands, including legal fees and court costs, resulting therefrom.
14. Each and all of the covenants and pramises made by Lessee herein are material cansiderations herefor,
and upon the breach ar non-performance by Lessee of any of tlie said covenants or pramises, Lessor, at its option,
may re-enter said premises, or any part thereof in the name of the whoie, upon ten 110} days' written natice to
Lessee, and may have, repassess and enjoy the same as of its former estate, and may terminate this lease and all
rights hereby granted. A waiver by Lessor o# a default shal! not be deemed a waiver of any subsequent default af
Lessee. !f the de#ault shall consist of nonpaymer�t of rental or taxes, ar other charges, at the time o# termination of
this lease in accordance with the pravisions of this clause, such nonpayment of rental and taxes shall, until paid,
canstitute a lien upan said structures, improvements and praperty owned by Lessee and the lien may be foreclased
according to law. Lessee shall nat remove said structures, improuements or property unti! said rental, taxes ar 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
manth, it is further agreed that either party may terminate this lease at any time for any reason upon giving the
ather party nat less than thirty {3Q) days' written notice of such terminatian;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 awn sale cost and expense, rernove ar cause to be removed al4 buildings,structures, foundatians,
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 ar by any person, firm or corporation or former Lessee.
Lessee agrees to restore and levei the premises to a conditian satisfactary to Lessor.
It is expressly understood by Lessee that until such time as the premises are surrendered ta Lessor free
and clear o# all buildings, structures, fo�andations, footi�gs, materiais, signs or signbaards, debris or ather articies or
facilities not belonging ta Lessor and the premises are restored to a neat and orderly conditian satisfactory to�
Lessor, Lessee shall k�e liable to Lessar for such rental, including taxes, as Lessor may fram time to time determine.
Lessee shall also be liable to �essor for any and all losses and/or damages which Lessor may sustain or become
liable for resulting from the failure of Lessee ta restore the premises to a ne�t and orderly condition. Lessor may at
its own soie election appropriate any property or impravements remaining on the demised premises for its own use
without compensation ta Lessee, or may dispose of �jny such property or improvements without any iiabiiity
whatsoever to Lessee and charge Lessee far alf cast and expense incidentai to such remaval.
16. A!I notices hereunder to be given by Lessar to �.essee may be effectuaily given by letter from Lessor or
its agent or attorney farwarded by Certified Mai1—Re#urr� Receipt Requested, postage prepaid, addressed ta Lessee
at Lessee's post o#fice address above stated or at such address as �essee may later give L.essor in writing.
17. All natices hereunder ta be given by l�essee to Lessor may be effectually given by letter fram Lessee or
Lessee's agent or attorney farwarded by Certified Mail—Return Receipt Requested, postage prepaid, addressed to
Lessor's Industriai Development and Property Management Department at 176 East Fifth Street, St. Paul,
Minr�esota 55101.
, �18. Nothing herein contain��all imply or import a covenant on the�rt of Lessor for quiet enjoyment.
19. Lessee acce��ts the le,�secl E�ren�ises siihject te� <�ny ,+nc! all existing permits, licenses, leases, easements,
railroad facilities, pipelines, tE�lephone, tefeyraph, comn�unic��t�on, power ancl signal lines or any other similar
facilities, together with any future installations thereof provicled such future installations do not unreasonabiy
interfere witli Lessee's use of tl�e leased premises.
20. The invaiidity 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 �nd their executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties have execut�d this lease, in du{�licate, the day and year firs�
hereinabove written.
In Presence of: BURLINGTON NORTHERN INC.
By
General Manager Leases
CITY OF R1�NTO�i, PA�C DEPA�T
BY
I�iYQI'
�ttost�:
City Clark
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�' PUBI.t� WORKS DEPARTlV1ENT
� �„y �- a
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a � � MUNtCIPAl.BUILDIMG ZOQ NNl.!AVE.SQ. R�NT4N,WASN,9�055
'9.0 `°' 2flb 235-25b9
�9�rF� s�P�'����P
BARBARA Y, SHINPOCH "
MAYQR April 27, 198I
Burlingtan Northern, Inc.
Industrial Development �
Property Management Dept.
Room 720
Centr�l Building
Seattle, WA 981(}4
Attention: Katherine Jahnsan - Lease C1erk
5ubject: Lease No. 236,636: G. Coulan Beach Park (LAG p1-81)
Dear Ms. 3ohnsan;
Returnec3 herewith axe the duplicate ari�;inal capies of this lease,
duiy execut�d by the City.
Alsa attached is a capy o�' aur l�tter to A�r. R. P. Stafford, B/N Real
Estate Representative, which covers t;he transmittal to his effice of
City Warrant No. 33147 in the amc�unt of $3,53Q.00. That payment
includes the $30.00 fee far T.ease No. 236,63b.
Ylease contact this c�ffice if you require addition�l inft�rmation.
Very truly yours,
���.C.��,.C�.,�? �C .
Vincent C. Lee
Public Works Caordinatox
VL:ad
Enclosuxes
cc: 3. Webley
R. F. Stafford (BIN}
D�ye Rc>be�ts (3ones � Janes}
v�S Me ad
� �
INTEROFFICE CORRESPONDENCE
Date . °, _°
��.
� .
T�i ,`'i;.�:.c I>;d?y +''�i�:'S.I.t'. Nt�,v_'j��. f,-',Ci.�i .�1.:.�i�sj_
FROM: Delores A. Mead, City Clerk
SUBJECT. �..�rir-_ ,��,, , WS'_,��:�y� .��,r=.i...,s.�t���� ;,a,r,;l�n.r� .°.p, � . ;�_ . �
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L� We return herewith fully executed document (s) , as
above-captioned, copy of which we have retained
for our official public records. Copy should be
forwarded to
and the other for your file.
Pursuant to your memo of ,��.p:r ti�. .1:. , we return
�� herewith document (s) , as above-captioned, which
have been signed by City Officials and need to be
forwarded for further execution by v ,,, , . ., _ � __,,. ,_ _
;;:;:� Please file a fully executed copy with the City
Clerk' s office for our permanent records when
received. Thank you.
DAIuj�Ih�i�+G,
C C: ,'
w�' ��rr
�F R��
� �
� �� ,,� ° PUBLIC WORKS DEPARTMENT
��..l�JG7P�'TR�VT� O� � n pc/'�Tl�o
. T�l���7TCQTCR�
p � °' MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH.98055
90 P� 206 235-2569
9�rFo sEP1E���
BARBARA Y. SHINPOCH
MAYOR
April 16 , 1981
T0 : Del Mead, City Clerk
FROM: Vince Lee , Public Works Coordinator
SUBJECT : Lease No . 236, 636 (Indefinite Term)
Burlington Northern Inc . - ref. G . Coulon Beach Park
Dear Del :
Attached are two original copies of this lease , with a copy of
the attorney's review letter.
Please allocate a lease number , arrange for execution and
return the copy marked "B . N. Inc . " to the undersigned for
onward transmittal to Burlington Northern.
���ck
VL : ad
Attachments
cc : J. Webley
�F R�� � �
ti ., � OFFICE OF THE CITY ATTf7�,N�+Y s '���T^'�N,�T�.�'=�-'.x''�Tx�'""�:.'e,".<',
U `; � � ppST OFFICE BOX 626 100 2ntl AVENUE 8UIL61NG ! RENTpN, wASHiNGTOf`� ?BO55 2�5-t�3r�7�
p � � LAbVRENCE J.WARREN, C�TV ATTORNEY DANIEL K�'�iOGG� ASS�STANF CST•V ATT�RNEY
9A0 O�P� March 23� 1981 SUSAN R. I:s'4WT"_�T, asssTar,T c�Tv <,�raan�v
��TE� SEP���
T0: VINCE LEE, Public Works Coordinator
FROM: Lawrence J. '�Jarren, City Attorney
Re: Lease No. 236�636 - Burlington northern R/R
Right-of-Way
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The lease as given to me is a standard form ���xli�gton
`� � � Northern document. Hotiaever, in the init�.a�. >>ara�:�a�'�.:� ,
'�jl � �� in the area where Exhibit "A" is detai?e�, w:� .r_����.?=-y
_ .4 � should have a legal description of the �zop�Yt�T k-:�.�_^�
Qnp�'" �is to be leased. The legal descript�.on can ��✓ a:� ?�r�e�
��U � � •as "all Burlington Northern property locate� �-��. �P��
(� � � west of the westerly rail of the Burlington NorLhP-r�
,1i (�( rail line" or something similar .
/�N'�` �� U
�" �' 0' Additionally, in paragraph 14, I wou�.d like to se� ��.
requirement that the railroad give the City no���� ��
any breach or default in the lease and to al?ow 'Y'�p
City to cure that default or breach within �'�.� �e�� c'da.�
notice period.
This last item is nflt critical and I would not ho�_� �xa�
signing the lease for that one item. �
If I can provide you with any further ass�stan�n� oza ��.-�s
please feel free to contact me.
Very truly urs ,
.
wrence . Warr�n
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~lARRANTY DEED
THE GRANTOR, PACIFIC COAST R. R. CO., a Washington corporation, for
valllllble consideration, receipt of which is hereby acknowledged, CONVEYS and
WARRANTS to the CITY OF RENTON, a nnmicipal corporation of the State of Washing-
ton, GRANTEE, the following described real est~te situate in the county of King,
State of Washington, to-wit:
All that part of,Lots 26 to 51, both inclusive, in Block 361
of C. D. Hillman's Lake Washington Garden of Eden Addition
to the City of Seattle, Division No.5, according to plat
thereof recorded in Volume 11 of Plats, page 63, records
of said County, as delineated on Sheet No.3 of map pre-
pared by Udo Hesse and filed in King County Superior Court
Cau3e No. 156371, together with all the shore lands in front
thereof, described as follows:
Beginning at, a point in the southwesterly bounda,ry
of said Lot 51 ss delineated on said Udo Hesse map, perpendi-
cularly distant westerly 170.0 feet from the center line of
the track and right of way of the "Lake WaShington Belt Line"
of the Northern Pacific Railway Company; thence northwesterly
along the said southwesterly boundsry of Lot 51, a distance
of 1060 feet, more or less, to the Inner Harbor Line; thence
north uSOL5' east·721.076 feet along the Inner Harbor Line to
an angle point in sRid line; thence south 190 L5' east slong
a production of the Inner Harbor Line, 320.feet, more or
leAS to the 'linS between Lots 32 and 33 in said Block )61;
thence south 58 13'58" east along the said line 120.0 feet;
thence north 700 38' east 100 feet,more or less, to a point
perpendicularly distant southwesterly 170 feet from the said
center 'line of track and ri.r,ht of way; thence southerly
paralle' trltl" +he uid "~nt"r lin .. to th .. poi"~ of boginningl
AI.SO, all that. part of the shore lands fronting upon Govern-
ment Lot 1 in Section 8 and Government Lot L in Section 5,
Township 23 North, Range 5 East of the Willamette Meridian,
described as followsr
Beginning at the intersection of the southwesterly
boundaI'1 or Lot 51 in Block 361 of C.D. Hillroan's Garden of
Eden Addition to the City of Seattle, Divi.lI1on No.5, as d&-
linea ted on Sheet No. 3 of map prepared by Udo Hesse, and
filed in King County Superior Court Cause No. 156371, with
the Inner Harbor Line' thence south 4SOuS' west 317.915
feetJ thence south 4L&lS' east 680 feet, more or less, to
the line between sections 5 and B in said township and range
produced; thence east along the said section line produced
630 feet, more or less, to a point·perpendicularly distant
easterly 170 feet from the center line of the track and the
right of way of the "Lake Washington Belt Line" of the Nor-
thern Pacific Railway Company; thence northerly, parallel
with said center line, to a point in the southwesterly boun-
ciarv lOr 1'1&.:\.0 Lot, <;1; thence Northweol,erl;l nl::ng oa>1d "'>outh-
'I;.3lltorls boandary 1060 feet, more or laBe, tu t.tl" point at
beginning.
t !
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IN WITNESS WHEREOF, said corporation has caueed this inetrument to be
executed by its proper officere and its corporate seal to be hereunto affixed this
29th dey of April. 1955.
(Pacific Coast R. R. Co.)
( Corporate Seal )
STATE OF WASHINGTON )
ss.
County of King)
PACIFIC COAST R. R. CO.
By /s/ Thomas ~almer
President
Attest: /s/ R. Paul Tj08sem
Secretary
On this 29th day of April, 1955, before me personally appeared THO~S
BALMER and R. PAUL TJOSSEM. to me known to be the President and Secretary, respec-
tively, of the Pacific Coast R. R. Co., the corporation that executed the within
and. 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 men-
tioned, and on oath steted that t.hey were authorized to execute said instrument,
and that the seal affixed is the corporate Ileal of the said corporation.
IN WITt!F.f,~ \-!Rr;REQF, I have hereunto set. my hand and affixed my official
_ Ileal thp. day snd year first above writtfln. ,. . .
( JANICE GOETZ )
( NOTARY PUBLIC )
(SEAL )
/11/ J ania e Goetz
Notary Public in· and for the State of
Washington, residing at Seattle.
Filed for Record May 3, 1955, 3:33 P.M.
-Request of Puget Sound Title Insurance Co.
roBERT A. MORRIS, County Auditor
Recorded Volume 3L61 of Deede Page 530
2
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The sketch below is lIlBde solely for the p1ll1>ose of assisting in locating
Baid premises and the COplPany asswms no liability for variations, if any, in dilIlBn-
sions and location, ascertained by actual survey. It does not purport to shaw ALL
highways, roads and, easements adjoining or affecting said premises~
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'~,,,,,,,,=~_~_.=,~,3~~",,,!.====~. I Sec 5-23-5 "
Sec 8-23-
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OF R~4-
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~~~ PUBLIC WORKS DEPARTMENT
'6 -8
'Sl lb' ~-9. r.-q..
'11"Eo SEP1~",,</i
BARBARA Y. SHINPOCH
MAYOR
WARREP' e. e8NNAS8P1. RE. • 91RESTeR
MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98066
206 235 ·2569
March 13, 1981
TO: Larry Warren, City Attorney
FROM: Vince Lee, Public Works Coordinator
SUBJECT: Lease No. 236636 -Burlington Northern R/R
Right-of-Way in Gene Coulon Beach Park
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Dear Larry:
Please review the attached copy of this lease for approval as
to legal form.
We would like to complete the execution by the City as quickly
as possible since we are already in the bidding process for
the major beach park construction contract.
VL:ad
Attachment
. cc: a/." Webley
D. Mead
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No. 236,636
INDEFINITE TERM LEASE
THIS LEASE made this 1st day of Pe.bI:uary, 19 81
between BURLINGTON NORTHERN INC., a Delaware corporation, hereinafter called "Lessor", and . . ',' .
Cl'l':l 011 llEN'l'ON, PARK DEPARlHEN'l',
whose post office address is 200 Mill Avenue South, , Banton, wash.ington 98055
, hereinafter called ."Lessee",
WITNESSETH: • l.r
" -' " I"., ",
In consideration of the covenants hereinafter' contained to be' kept and perfor,med by Lessee, Lessor hereby
leases to Lessee upon the terms and conditions hereinafter set,forth the following described premises situate in the
City of Banton , County of " ':., King "', State of washington'
" , ;,' .,' ...
All that part of tha prsses of the' sa14 I.esaar as EJhQwn colorea rea on t.be print
hereto attaohed, markea Exhibit "A" aated DeoeIIIbeJ: 30, 1980, ,and lllA4e a part hereof.
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: : '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 consvuct, 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, o(other such'facifities, 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 einer'thereon for anyone or more of such purposes without payment to Lessee of any sum
for damage of any nature which may be caused thereby, ,.'1, ' "
" 1 . '" I: ,",. ,!, ,; ,,'
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 G8P61w91ipg,
n.oiIiLoiltil,.g, 81q:el 8~8MtiRfi t~8rB.8R 8 ; ~a~t1fioation; aace's~ roadway !'ant! 'fence. \' ~')j. ,,", ',~ '( .... ', ~,\ .• ;:I;; ,! . .-..
,:,.., ' ". . . . '."' .. ' . , . " , I ' '. ,I",., I,i'f,<'-: (""
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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, ' ,;' , ' , , , " " , c ,'-'
2. Lessee shall pay 8PRIl811~', in advance, as rental for said premises the sum of rrh1rty and No/100,
Dollars ($30.00) for t.be f1l:st five (5) yoar per10d and for each BUbsequent five (5)' years
that thie lease ~ama1ns 1n effeot •
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Form 60013 11·79
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The billing or acceptance by 1-essor of any advance rental hereunder shall not imply any definite term to this lease
nor 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.
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3., Lessor reserves the right ~o 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 reimburse
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
assessrnent for any public improvement or improvements and said assessment is in the amount of Five Hundred
Dollars ($500.00) or less, Lessee shall reimburse Lessor in full, promptly upon the presentation by Lessor of bills
for the amount thereof. In the event the amount of said assessment exceeds Five Hundred Dollars ($500.00), the
rental herein reserved and stioulated to be oaid bv Lessee shall be automatically increased by an amount equal to
thirteen percent (13') 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 BY> 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 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 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, 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 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 or death of
persons occurring directly or indirectly by reason of or as a result of any such reduced clearance.
I.:essor'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 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 material
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.
B. Lessee shall comply with all applicable laws and ordinances and all rules, regulations and requirements of
any govemmental 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 renawals 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. (al 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
2
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agreed, as one of the material considerations of this lease without which the 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 egainst 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.
(e) Notwithetanding the f=egoing, nothing heJ:ein contained 10 to be eonstJ:ued
ae an indemnification against the eole negUgenca of Leee=, ite officere, eD\Ployeee =
agents.
1 1. 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 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 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 be 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 Less~r 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.
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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.
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'" 20. The invalidity or unenforceability of any provision of this lease shall not affect or impair any other
provision.
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, 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
hereiriabove written.
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-"~l' ~ rlih;i('''\!t,!()O!!~~P til b(~t' i!(~ ttjt"\;":!,t;~~ pl>. ! r;;· .~::', t~1
In Presence of: ;1lfl.~ 1!1' >"! ;11 /. ,: \~" I I ,,' ...
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BURLINGTON NORTHERN INC.
By ______ ~~~~--~--------__ ----General Manager Leases'
CI'l'Y OF RENTON, PAl1K DEPARrMEN'l'
By
Mayor
City Clerk
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LAG 01-81
,No, 236,636' "t-. , "
,INDEFINITE TERM LEASE , '
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THIS LEASE made this, . 1st day of February, 19 81
between BURLINGTON NORTHERN 'INC:: a Defaware corporation, hereinafter cal,led "Lessor", and
CITY OF RENTON, PARK DEPAR'lMENT~, "l.':':',,"" , '" " ',.' '
whose post office address is 200', Mill Avenue ~outh" "Renton, was~iJlgton 98055
., ,
, hereinafter called "Lessee",
:', WITNESSETH: • I • •
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In consideration of the covenants hereinafter contained to be kept and perfor,med 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: colored red on the'print
hereto attached, marked Exhibit uAu·dated:Oecember: 30,,·l980,:.!Uld·made a'part.hereof •
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SAVI NG AND RESE RVING to Lessor, its' successors"imd lassigns,' 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-clescribed
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, ono 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
no,tif)terfere 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 anyone or more of such purposes without payment to Lllssee of any sum
for damage of any nature which may be caused thereb' ..... ' "',,i'I"; . "'I "".",,,',':,,' '" ',:, " .. ' .. 1 "1 ' •
; " ,', ,j .;' ",;.1,; , ~ , ;.\) ", ~ ,~,"l.,jo/l ~ ..... ' I', I Ir.' 1:':1.1\, \:; l,' ; .:,:; .' l'!:.:~ "
.. Lessee hereby leases said, premises from • Lessor for' the l indefinite term hereof subject to the covenants and
promises following,'which Lessee agrees to obse::ve andperform:to-wit: .'., .. , " : i ' '
01'·1 .. . "
, .. 1. Lessee shall ,use and :'occupy said ':premises' ,for'-'the "sole' and,l exclusive' purpose'·of; 88RilFlI8tiR S.
RilOiRtoiRiRQ, OR" eporoting thoro;? 0' 'beautification',I,laccess'!'roadwaY'ancirfence~;.· .. lqj'f!i IlJ ." ;~J:i.':I:'1 j "
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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 co~t of
Lessee. ,"/ .!. 1,··~,··l ~.,;.'l /. , "i'~ .'" I,'" ' I'
2. Lessee shall pay aRRilQlI~., in advance: as rental for said premises the sum of Thirty. and No/100
, , '. ~ "<), ' .' " • ':. ",' Dollars ($30'.00)' for the first five ;(5);,year period and for each subsequent five, (5)' years
that this lease remains ·in.effect.", 't.'n .,.'~ ," ". i'''' !':'.:'; ;", I"~ l,' 'J ~.',,; ,,; JI:~ j'.:' ,
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Form6(J013 ,,·79 1
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The billing or acceptance by I...essor of any advance rental hereunder shall not imply any definite term to this lease
nor 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.
i:··""J":·.~l f'~·., ,." • I"·~·. ':·r.; ~'71·~·.l,r· :"i". !,~ ,1'--:'. "'""!''':''')(;!;' I ..... " In"', •. ' , • ) " ..
3. Lessor reserves the right to change the' rental stipulated herein at any time while this lease remains in'
effect:. " ! . I' ;;1 "f; I'll.", ..
: ", 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 reimburse
Lessor for any such taxes, license fees or other charges which may be paid by Lessor promptly upon the I '. , " ..... " • ., "" .•
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 (S500.00) or less, Lessee shall reimburse'Lessor in full, promptly upon the presentation by Lessor of bills
for the amount thereof. In the event the amount of said assessment exceeds Five Hundred Dollars (S500.00), the
rental herein reserved and stioulated to be oald bv Lessp.e ShAll he automatically increased by an amount equal to
thirteen percent (13'11) per annum of the total amount of said assessment: . , ,
'. I ,." . , . , '"
. 5. Lessee shall not, place, or ,permit to be placed, or to remain, any material, structure, pole or otner
obstruction within SY:. 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 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 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, 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 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 or death of
persons occurring directly or indirectly by reason of or as a resJlt 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 all the rules, regulations and orders of an\, 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 material
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 arid comply with all federal, state and local regulations, ordinances
and laws, lind with the"regulations of an'/,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 ~uch violation
or violations. Lessee shall not place or parmit 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.
. ,
S. Lessae 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; re'gulation or requirement is violated, Lessee shall protect, save harmless, defend and indemnify
Lessor from and against any penalties"flnes, costs and expenses, including legal fees and court costs incurred by
Lessor, caused by, resulting from or connected wi,th such violation or violations. " r' "
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
2
.'"
agreed, as one of the material considerations of this lease without which the 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,jnjury 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 ihan from fire, shall arise from the joint or concurring negligence of
both parties hereto, it shall be borne by thern equally.
(c) Notwithstanding the. foregoing, nothing herein contained is to be construed
as an indemnification .against the sole ~egligence of Lessor, its officers, employees or
.agents.
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 seid premises are a part. .' . \ . ~.~i. ~ ".;---.,.
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 .. il! bankrl.!lHcy" or .0jPe.r. 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, sltall at such time
credit all unearned rental hereunder to the assignee. Any other disposition'of..!,mearned rental:)lVili be made by
Lessor only upon the joint written request of both Lessee and; Lessee's assignee at the time .6fsubmitting 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 seme 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 promisus' made by Lessee herein are material considerations herefor,
and upon the breach or non·performance by Lessee of any of the seid 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.' (,.; :1.': ,,' "":" '" ",' '::
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 be 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.
'.' .. ' I:\~.:, .. ,: .. /, '~{' " ",".:-:., /I:","f, "". ',,,,:· ... !!:Ir l . ",'~,'i'"
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 .Iater give Lessor in writing. "
,." •• >' " ,'i \1' ", ,'l.. ': .. ~;. ,,',. " "" ,,' , ,', 0'1 '.~ ,'";'
17. All notices hereunder to be given by, Lesooe 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 PropertYi, Management "Department at 176 East ,Fifth Street" St. Paul,
Minr,esota 55101. '
3
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,,:'" 18",Nothing herein contained shall imply or,import a covenant.on the part of, Lessor for quiet enjoyment, . -. . , .
·"i".···Ii:':·t·.I·r'!!II·-"·I":':'~;··'.'·, ·>It:;'Jf..·.li :~j(ll.!'!l: .. I: .1" '. t " , •
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 i any .. future installations ,thereof, provided such future installations do, not unreasonably
interfere with, Lessee's use of ,the: leased:premises" i,,' ,,:;, ',I:,' ,,:01, /'... ',', "" • '
I/t: .",' '1",':. 'i/"I-'Hii!' ;1' f,'" ;:, ..• I .... ll1 .. t "1 ":""1" '0' I'. I .I 'i' ,"
20" Th'e, invalidlty',or 'unenf~rceability' of any provision of this lease shall not affect or impair any other
provision'j, r.'Lf' I:." f:'-, i'lI'\' ',' I" t.,,: II": ',' ",!"I I;. ~,
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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, I. ,[ '.. 'i ,'" "
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In Presence 'of:, ,'", '''! :'\:'/i}i, ":,,1',,;,' :,-;:, I.' '':-1': -..' " ',BURLINGTON NORTHERN INC, :,'
,By~, ________________ ~ ____________ __
: General Manager Lcascs , ~ i j ..
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M E M 0 RAN DUM
DATE: April 8, 1981
TO: Finance Department
FROM: Vince Lee, Public Works Coordinator
SUBJECT: Warrant for Payment of Easement as Granted by
Burlington Northern for G. Coulon Beach Park Entry Road
Please arrange for warrant as follows:
Payee: Burlington Northern
Amount: $3,500.00
Account No.: 315.000.20.533.50.65.24
Give warrant to undersigned -for onward transmittal to Burlington
Northern.
VL:ad
cc: Del Mead (use account no. noted above
for recording fee payment)
CHARTiRU6, LAWS OF 1965
CITY OF RENTON CERTIFICATION
I. TNE UNDeRSIQNED DO HEREBY CERTIFY UNDER
PINALTY OF PERJURY, THAT THe: MATERIALS HAVE
DEEN fURu'SHEO. THE SERVlecs R£Not;:ru:o OR THE
LADOR PER':ORMEO AS DESCRIIIEO HCII'EIN, AND THAT
THE CLAIM 18 A JUST. DUE AND UNPAID OBLIQATION
ADAINST HiE CITY OF RENTON. AND THAT I AM
AUTHORIZEO TO AUTHENTICATE AND CERTIFY TO
8AID CLAIM. cAb . ., At"
SI.NED, I"~~ ./P. ~,
BURLINGTON NORTHERN
INDUSTRIAL DEVELOPMENT AND
PROPERTY MANAGEMENT DEPARTMENT
Mr. John E. Webley, Director
The City of Renton
MUnicipal Building
200 Mill Ave. So.
Renton, Wa. 98055
Dear Mr. Webley:
Room 720
Central Building
Seattle, Washington 98104
Telephone (206) 625,6682'
March 11, 1981
In accordance with your application we are pleased to submit
herewith the duplicate originals of proposed Lease No. 236,636'
in favor of the City of Renton, Park Department, covering tne
use of a portion of our right of way at Renton for beautification,
access roadway and fence purposes. "
You will note the lease is on an indefinite-term basis and that
rental has been established at $30 for each 5-year period,
If the lease meets with your approval will you please have
both copies ezecuted as indicated and return them to this
office with check in the amount of $30. After completion
in behalf of this company, a fully-executed copy will be
returned to you.
~~
Katherine J~s~n' .
Lease Clerk
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(!jehe COV/CU'1 Be£lch f/ofk LeC{re -198/ ft,,..u' 198~
c 3/5. 000. 20,~33, 50. b5. 2Lf-/30.Q2
CHARTIi:R 116, LAWS OF 1965
CITY OF RENTON CERTIFICATION 1
I THE tJNDI!:RSICtJ EO DO HEIlf.BY Ct:EfTIFY UNOEn
PENALTY Of P!:AJlIflY, THAl TH~ MAl"ErIIALS HAIII!
BEt::N FURtlISHt;;D. lHE !i(RVtC£!; IH':N;1;"n.:) Off "rHf!
LAUOR P£RFORME:D A~ 0':5C,illlt:0 HERI:lf~, AND HIAT
TIn: CLAIM IS " JUST. DUE Af.iU UNP"tO OilllGAllON
AGAINST THE CITY OF ItErHON, AND T'lIAT I AN
AU'THORlnO TO AUTHCN"TICATE A.ND CetnlFY TO
:~~:,~LAI"'~~:e/; 4,~.
OF R~1-
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"'f"EO SEP"(~~
BARBARA Y. SHINPOCH
MAYOR
PUBLIC WORKS DEPARTMENT
W.';RREPI S.88NNA68PI; REi • 81RESTGR
MUNICIPAL BUILDING ZOO MILL AVE. SO. RENTON. WASH. 98055
206 235·2569
April 16, 1981
TO: Del Mead, City Clerk
FROM: Vince Lee, Publ ic Works Coordinato·r
SUBJECT: Lease No. 236,636 (Indefinite Term)
Burlington Northern Inc. -ref. G. Coulon Beach Park
Dear Del:
Attached are two original copies of this lease, with a copy of
the attorney's review letter.
Please allocate a lease number, arrange for execution and
return the copy marked "B. N. Inc." to the undersigned for
on~ard transmittal to Burlington Northern.
VL:ad
Attachments
cc: ~ebley
r...4,
..... u PUBLIC WORKS DEPARTMENT
Z g '6 Ie
WARREPI S. SBPlPl:o,SePl, R E. • 91RESfeR
'l! "'. "bJi! ro<c,'l-
MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98066
206 235·2569
'il'l:o SEP"~'"
BARBARA Y. SHINPOCH
MAYOR
Burlington Northern, Inc.
Industrial Development &
Property Management Dept.
Room 720
Central Building
Seattle, WA 98104
April 27. 1981
Attention: Katherine Johnson -Lease Clerk
Subject: Lease No. 236,636: G. Coulon Beach Park (LAG 01-81)
Dear Ms. Johnson:
Returned herewith are the duplicate original copies of this lease,
. duly executed by the City. .
Also attached is a copy of our letter to Mr. R. P. Stafford, BIN Real
Estate Representative, which covers the transmittal to his office of
City Warrant No. 33147 in the amount of $3,530.00. That payment
includes the $30.00 fee for Lease No. 236,636.
Please contact this office if you require additional information.
VL:ad
Enclosures
cc: e/.'webley
R. P. Stafford (BIN)
Dave Roberts (Jones & Jones)
D. Mead
Very truly yours,
Vincent C. Lee
Public Works Coordinator
"
LAG 01-81
,No. 236,636'''f'
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, , ,INDEFINITE TERM LEASE,
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19 81 , THIS LEASE made this ",l,st ' day of February,
between BU RLI NGTON NORTHERN 'INC~~ a Delaware corporation,'hereinafter called "Lessor", lind' '
. . . ,. " ! .. ~ , : I I"!' ',' .'.
CITY OF RENTON" PARK DEPAmMENT, " " , '
II. • 1
whose post office address is ;': 200',' Mill' Avenue South", ,Renton, Washi,ngto~ 98055
" , hereinafter called "Lessee",
WITNESSETH:
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In consideration of the covenants hereinafter r.ontained'to be kept and perfor,med by Lessee, Lessor hereby
leases to Lessee upon the terms and conditions hereil1~fter,set,forth the following described premises situate in the
City of, Renton , County 0(" "', King" • " """" " State of, Washington" " ' ., . .'. ,
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All that part of 'the' premises, of the, said' Lesser'as' shown: colored ,red' on the:print
hereto attached, marked Exhibit!'A" dated:oacemberi 30i'1980,'.'and'made a part .. hereof.
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SAVI NG AN D RESERVING to Lessor,its"successors' and'!assigns,',the right to construct, maintain and
operate a railroad track or' tracks or to construct; 'maintainand'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 aiw 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 fonailroad 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
nO,t ,interfere with the op'er~tion of Lessee's business on said premises; and further saving and reserving to Lessor or
its 'agent the right to enter thereon for anyone 'or rnore of such' purposes without payment to L~ssee of any sum
for damage of any nature which may be caused thereby" ' , '; ,'; ,"," i, ,', "Ii' :; '"" "," ", ;,' J, ;J<I", ",.,!, ',,: "
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, 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: ":; , ,', '" I:' i', "
. , ' " "
, 1, Lessee shall use and 'occupy,'said "premises' for' the "sole and 'exclusive' purpose,'of' iiPilFWilio9J
lll&iOI~iOiOBJ ml O,lm~iioB 1,~~,F?Oi~ ~,,)~e,a~~~~~~Ir:t~~?;~~?~,~~,:"~~~~~r;;~t~~~~~I.1i;:,'l,:;:i:;'/;: ii:i.'t:;',':;:~
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No other buildings, structures, additions;'alterations1or improvementS'Shall be erected'or made on the premises by
Lessee or at the direction of Lessee,save with,the,ex;;ress,permission of Lessor in, writing and at the:sole cost of
. Lessee, ' . I .,,~ ,.: ,-U .. 1>\ .. ,', "I' ;,/'.. ~,.II",,; • " , :',' ,' .. -".,'\
2. Lessee shall pay annm"\', in advance, as rentai'for said premises the sum of Thirty, and NO/100
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Dollars ($30'.00)' for the first five; (5), year period: and for each subsequent' five ;'(5)' years
that this lease remains,~n.e~fect •.. ·.'!i<!t'~-~'~,.I ;l.~:, :.(,;~' .!.i: 'j' ,/:.-""I.~,'·l.t,·,,: .1'\.',:.; )' '
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The billing or acceptance by L.essor of any advance rental hereunder shall not imply any definite term to this lease
nor will it serve to extend this lease for the period of time covered by such rental payment or otherwise operate to
restric.t either party,hereto from -terminating,thls lease In aCClJrdance with the provisions of paragraph 15,
1)~·J"l"·'···~ '" J,,·'l'" "'1' t'·,· ""1'" 'I" •.•.• '., l', ,-. ;""""'t"\"r ..... ," •••• -'0"" .~ . ., : ., •••. ~ "3," Lessor reserves 'the ~ighno 'cha'nge the' nintai 'stipiiiated herein at any time while this lease rem~ins in'
effect,,' .. I I ':': ,',. ;", 'II' 'j' I· ; .' ,'J' ]"" ,!q In-,.t I" ..''''
1 • ' ' ,
, ," ,-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 th'ereon 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 expirRtion'or cancellation of this lease. ,Lessee shall reimburse
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 reimbu'rsement, 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 less; Lessee shall reimburse Lessor in full; promptly upon the presentation by Lessor of bills
for the amount thereof, In the event the amount of said assessment exceeds Five Hundred Dollars ($500,00), the
rental herein reserved and stioulated to be oaid bv LessAe shall be automatically increased by an amount equal to
thirteen percent (13%) per annum of the total amount of said assessment,
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'" '" 5. Lessee shall 'riot place, or permit to be placed; or 'to remain, any material, structure, pole or' 'otner
obstruction within 8'h feet laterally. o'f 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 shall strictly comply with such statute or order. Ho.wever,
vertical or lateral clearances which arEI 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 againstanY,and all claims, 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 any breach of the foregoing or any other covenant containe'd 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 or death of
persons occurring directly or indirectly by reason of or as a resdlt 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 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 material
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;obs'erve arid comply with all federal, state and local regulations, ordinances
and laws; iuid'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 la~ 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 pmmises and its operations hereunder, any such law,
ordinance, 'rule; re'gulation or requirement is violated, Les~e shall protect, save harmless, defend and indemnify
Lessor from ,end against any,penalties"fines, costs and expen:;es, including legal fees and court costs incurred by
Lessor, caused by, resul~lng from or connected wl~h 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
2
\. .' r
agreed, as one of the material considerations of this lease without which the 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, jnjury 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 thern equally.
(c) Notwithstanding the foregoing, nothing herein contained is to be construed
as an indemnification against the sole neg~igence of Lessor, its officers, employees or
,agents.
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 ~~'a~/ in'terest therein, or
sublet, and no heir, executor, administrator, receiver, master, sheriff; trustee'·in bankrl.llncy, or',oj.tler. 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·.,unear.ned rental,. will be made by
Lessor only upon the joint written request of both Lessee :and' Lessee's assignee afthe time pi, submitting said
assignment to Lessor for its consent. .,.,'
13. If, because of any act or omission of Lesse~, 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 sal'e 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 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., .. ', '" ;1'. ;, ., ' ,; ....
'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 be 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 t(' Lessee and charge Lessee for all cost ar.d expense incidental to such removal.
, ',' ',~, " J~' ;,,' :,,~, 1 ',; .. :; '.: "'1-" !.' ,.'. i',:, >,:" , '-~ 'I"': .
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 su~h address asL~ssee ~ay later give"Lessorin, writing:"", "'''' 'i ': '
• • j \, • .1 " ' " '.1 I r'" , ... : .. "",' . ,'-! '.:1, . :,; ,!:" .<', ".,-" ,
17. All notices hereunder to be given by. Lessee ,to Lessor may be effectua Ily, 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 ,F,Ifth ,Street, St., Paul,
Minr.esota 55101. ' ,
3
I I ': ., ,I , " ~ I \ • : I I I ,
" '18'i!Nothing herein contained shall imply'or,import;8 covenant on the part of,Lessor for quiet enjoyment.
, ,", "'I' , --:.:' .'; "t :1', rll"), !':\:,~!rl.("',1 I " , ; I' ,1.Jj :/" "! d,·!'lI.!J I.p(" 'I ,'" t ~ / '. , ,
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'suse of,the,leased premises'i ::in,",:' ",':'d 1" ''',' '," :','
'II" r;'_'·)lj.:.· .. 'l.·i"tllll.·;. ,;II .. ,'.!I-' 'i~.,'C"" '1 , ,
. 20. ;,The ,invalidity or unenforceability of any provision of this lease shall not affect or impair any other
provisi~n·i trl, i ": ,,'.'1,., '.:"-! ' , ",',-: '., .' ;,", ,:\' " '1
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, 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. "I '('," ",' ",',,,,
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General Manager Leases
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. CITY OF RENTON" PARK DEPARTMENT
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' .. = BURLINGTON NORTHERN
INDUSTRIAL DEVELOPMENT AND
PROPERTY MANAGEMENT DEPARTMENT
Re: Station:
City of Renton, Park Dept.
200 Mill Ave. South
Renton, WA 98055
1 Gentlemen:
Lease:
Date:
Purpose:
Rental:
Room 1018
176 East Fifth Street
St, Paul, Minnesota 55101
Telephone (612) 298·2121
May 28, 1981
Renton, WA
236,636
2-1-81
Beautification, access
roadway and fence
$30.00 Ea. 5 yrs.
The executed duplicate copy of the above agreement is
attached for your company's record.
Very tru11 yours,
,-::-:;)1 tJ fGu../t-t <--.-(v-dj J
/J< vi. Recktenwald
c/'Lease Representative
Attachment
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No, 236,636
INDEFINITE TERM LEASE
THIS LEASE made this , 1st day of February,
'f
between BU R LlNGTON NORTHE RN I NC" a Delaware corporation, hereinafter called "Lessor", and
CI'l'lr O'H' IlEN'lON, PARK DEPARDmN'l',
whose post office address is 200 Mill Avenue South, Renton, washington 98055
LAG 01-81
19 81 ,
, 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 King , State of washington
All that part of the premises of! the said Lessor as shown colored red on the print
hereto attached, JllSrkedExh1h1t "A" dated December '30~ 1980, and made a part hereof.
'SAVING AND 'RESERVING'to Lessor, its successors and assigns, the right to construct, maintain and
~ operate a railroad track or"tracks or to 20nstruct, 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, maintaineo' 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 pari'thereof for railroad purposes; to allow ti,e placement of signs and signboarcis for
commercial'or other purposes upon the leased premises so long as the placement of such signs or signboarcis 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 anyone 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 GBp6Hw8ti,%
fZn8il't8iliilt~, g,u4 8JUIotiFilft tlcllH8,8Fil 8. beaut1f1catioD, access roadway and fence.
No other buildings, structures, additions, alterations or imp'rovements 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 BRRwall " in advance, as rental for said premises the sum of Thirty and No/100
Dollars ($30.00) for the first five (5) year period and for each subsequent five (5) years
that this lease remaino in effoct.
, Form6U013 11-79
The billing or acceptance by Lessor of any advance rental hereunder shall not imply any definite term to this lease
nor 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 tile provisions of paragraph 15.
3. Lessor reserves the right to change the rontal stipulated herein at any time while this lease remains in
effect.
4. (,I) 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 reimburse
Lessor for any such taxes, I icense fees or other charges wh ich 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 (S500.00) or less, Lessee shall reimburse Lessor in full, promptly upon the presentation by Lessor of bills
for the amount thereof. In the event the amount of said assessment exceeds Five Hundred Dollars ($500.00), the
rental herein reserved and stioulated to be oaid bv Lessp.e shall he automatically increased by an amount equal to
thirteen percent (13%) per annum ot 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 BY, 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 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 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, costs and judgments arising or •
growing oul 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 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 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, ilt 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 material
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
anel 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.
B. 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
2
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agreed, as one of the material considerations of this lease without which the 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 preniises by Lessee, or by any other person wit~ 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.
(c) Notwithstanding the fOZ'Bgoing, nothin\J herein contained 10 to be construed
as an indemnification against the sole neg1igenoe of LesSOZ', its officers, employees or
agents,
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'iease or'imy 'interest therein, or
sublet, and no heir, executor, administrator, receiver, master, sheriff, trustee in--bankruptcy, or.oHier assignee by
operation of law shall assign or sublet without such written consent. . . -.' -~ .... --, .. :; . ::; .'. , r.' . ' ...
(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 u.nearried rental will be made by
Lessor only upon the joint written request of both Lessee and' Lessee's assign'ee at the time 'o(submitting said
assignment to Lessor for its consent, '.-~,," ' .. ,
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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 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 be 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 effectuaily given by letter from Lessee or
Lessee's agent or attorney forwarded by Certified Mail-Return Receipt Requested, postage prepaid, addressed to
Lessor's I ndustrial Development and Property Management Department at 176 East Fifth Street, St. Paul,
Minr,esota 55101.
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lB. Nothing herein contained shall imply or import a covenant on the part of Lessor for quiet enjoyrllcnt.
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 nOI unmlsonably
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 shilll inure to the
benefit of and be binding upon the parties hereto and their executors, administrators, successors and ilssigns.
IN WITNESS WHEREOF, the parties have executed this lease, in duplicilte, the (lilY and yeilr first
hereinabove written.
In Presence of: BURLINGTON NORTHERN INC.
I L, b~ c,= L BY __ ~()~~(~d~)JCJ~D~O~J~,~t~l~~ __________ ___
General Manager Leases
CITY OF REN'1'ON, PARK DEPARl'MEN'l'
Mayor
AtteBtl~-~e"".,: e ~
Deupty City Clerk
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