HomeMy WebLinkAbout2.49 Original Contract
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PARKING LOT LEASE
THIS LEASE made as of the~ay of ':*'LrA-. 19942, by and between HOLY
TRINITY LUTHERAN CHURCH, (hereinafter referred to as "Church"), and the NORTH OLYMPIC
LIBRARY SYSTEM, a municipal corporation (hereinafter referred to as "NOLS"); and the CITY OF
PORT ANGELES, a municipal corporation (hereinafter referred to as "City");
R E PRE 5 E N TAT ION 5:
1. On or about August 2, 1994, the City of Port Angeles, Washington, and the North
Olympic Library System, municipal corporations of the State of Washington, entered into an
interlocal governmental agreement pursuant to Chapter 39.34 RCW relating to the financing,
design, construction, ownership, maintenance and operation of a new library facility located in the
City of Port Angeles, a copy of which agreement is attached hereto as Exhibit A.
2. Regulations governing construction and development of the library site require the
establishment and maintenance of a certain number of permanent off-street parking spaces in
addition to those available for development within the site, itself. The regulations further provide
that the parking requirements may be met through the execution of appropriate agreements for off-
site parking and/or for provision of needed parking spaces through cooperative use of existing or
developed parking spaces.
3. The parties to this agreement deem it to be in their best interests to enter into this lease
and cooperative use agreement to provide for expanded shared parking facilities for use by Holy
Trinity Lutheran Church and to meet the parking requirements for development applicable to
NOLS and City of Port Angeles.
4. It is the intent of the parties by entering into this agreement to provide for parking facilities
for the structure to be built by NOLS adjacent to the lease premises for as long as that structure is .
used as a library.
WIT N E SSE T H:
In consideration of their mutual promises, the parties hereto do hereby mutually agree as
follows:
1. Leased Premises: The Church hereby leases to NOLS, and NOLS hereby hires and
leases from Church the property described as leased premises in Exhibit B attached hereto
situated in Clallam County, State of Washington, to be used as a parking lot upon the terms and
during the hours set forth herein.
2. Term: This lease shall be for a term of fifty (50) years commencing
tJA v.. I , 199 h. NOLS shall have the option to extend the lease term for five (5)
. ~nsecutive eriods of five (5) years each, the first option period commencing upon the expiration
of the initial term set forth in this section and the successive option periods commencing upon the
expiration of the prior option period. If NOLS elects to exercise any of the options aforesaid, it
Parking Lot Lease
Holy Trinity Lutheran Church, NOLS and City of Port Angeles
Page - 1
shall give notice to the Church, in writing, of such election not later than ninety (90) days prior to
the termination of the lease term or extension thereof. Neither party may terminate this Lease,
unless the other party has committed a material breach of its commitments under the conditions of
the Lease.
3. Rent: As consideration for the lease leased premises, and joint use agreement, NOLS
agrees to design and construct, at NOLS's sole expense, a parking lot, which shall include
landscaping and lighting, upon leased premises in a manner agreed to by the Church, City and
NOLS, and in accordance with local ordinances governing safety, design and construction of
parking lots located within the city limits of Port Angeles, Washington.
4. Scope of Lease: NOLS and Church shall have use of the parking lot upon the leased
premises with the Church having parking available as required for the traditional functions of
Church. Otherwise, NOLS shall have the shared use of the parking lot for the purpose of parking
of motor vehicles during the hours necessary to perform normal business functions. Special
events for each party will be coordinated to minimize potential negative on-street parking impacts
to the adjacent neighborhood.
5. Signs: NOLS shall have the right to install one or more signs suitable for parking lot
purposes upon the parking lot, provided the written consent of the Church is first obtained. Said
consent shall not be unreasonably withheld. NOLS shall be responsible for the expense of the
installations and maintenance of such signs. The Church may install a sign on the northwest
corner of the property (the area that was formerly the Orcas Street intersection with Chase Street)
subject to local ordinances.
6. Users of Parking Lot: The rights of NOLS to use the parking lot hereunder may be
exercised by any person or persons so designated by NOLS, including its employees, invitees,
agents, and contractors. Both the NOLS and Church may designate up to ten (10) stalls, other
than, and in addition to, handicap stalls, for assigned use adjacent to their respective facilities.
7. Maintenance: During the term of the lease, NOLS shall maintain and repair, at its sole
expense, all elements of the parking lot, including paving, signage erected by NOLS, lighting and
landscaping to standards safeguarding public safety and retention of aesthetic quality. The
Church may repair a problem and charge the NOLS if NOLS has not responded within 30 days of
a notice by the Church of an existing problem. At the end of the term or extension thereof, the
paving and striping shall be in good condition, not in need of repair. In addition, the Church and
NOLS shall both be responsible for removing snow and ice during their respective periods of use
of the leased premises as set forth in paragraph 4 hereof.
8. Insurance I Hold Harmless: NOLS shall obtain and maintain in full force and effect
liability insurance in amounts not less than one million dollars ($1,000,000) for anyone
occurrence, three million dollars ($3,000,000) annual aggregate property damage, indemnifying
NOLS, City, and the Church from any liability, claim or demand arising out of the condition of or
activities upon the leased premises. NOLS and the Church and City shall be named as insureds.
Such insurance shall be written by an insurance company authorized to transact business within
the state of Washington, and a certificate or certificates evidencing such insurance coverage shall
be furnished by NOLS to the Church and City upon written request. As between the parties
hereto, and without acknowledging any liability as to any other party, Church shall hold harmless
Parking Lot Lease
Holy Trinity Lutheran Church, NOLS and City of Port Angeles
Page - 2
.
and indemnify NOLS and the City arising out of ahy claims for any damage or injury to property or
persons resulting from its activities in use of the leased premises; in all other instances NOLS
shall hold Church and City harmless and shall indemnify them as a result of any claims arising out
of use of the leased premises. This provision is not intended to confer any third party beneficiary
rights, beyond those stated in item 9, nor is it an acknowledgment of liability to any third party.
9. Status of City: The status of the City of Port Angeles is that of a third-party beneficiary
under the terms of this Lease. The purpose of the Lease is to provide parking necessary for the
proposed use of a facility to be constructed with funds generated by bonds authorized and paid for
by the taxpayers of the City of Port Angeles. Should NOLS fail or cease to be able to perform, it is
agreed by and between the parties that the City of Port Angeles may, at its option, succeed to the
rights of NOLS in said Lease.
10. Default: If NOLS fails to materially perform any covenant, condition, or provision of this
Lease within thirty (30) days after written notice specifying the deficiency is given by Church to
NOLS and City, the Church may elect to terminate this Lease and any and all interest and claim of
NOLS or City by virtue of this Lease, whether such interest or claim is existing or prospective, and
to terminate all interests of NOLS and City in the parking lot. In the event that Church does
terminate this Lease pursuant to this paragraph, the Church will reimburse the unamortized
portion of the cost of designing and constructing the parking lot upon the property described
herein as set forth in Exhibit C. A change in use as a library facility shall be considered a default
of this lease and the terms and conditions of this lease shall be re-negotiated between the parties.
11. Condemnation: Rights and duties of the parties in the event of condemnation are as
follows:
(a) If during the term of the Lease the whole of the leased premises shall be taken or
condemned by any competent authority for any public or quasi-public use or purpose, this
lease shall cease and terminate as of the date on which title shall vest in the authority.
NOLS and City shall be entitled to participate in the condemnation award by an amount
equal to the lesser of:
(1) The unamortized portion of cost of designing and constructing the parking
lot upon a portion of the property described herein, or
(2) A prorated amount of the condemnation award based upon the number of
years left in the lease term as compared with the number of years NOLS has
used and occupied the premises described herein in accordance with the terms
of this agreement.
12. Other Obligations. NOLS is responsible to pay any real property taxes, if any, upon
the lease premises.
13. Waiver of Subrogation Rights. Each of the parties hereto hereby releases the other,
and the agents, employees and successors of such other party, from all claims, demands and
liabilities arising from unintentional acts or omissions of the other party which result in loss for
which the party sustaining such loss is indemnified under a policy or policies of insurance.
Parking Lot Lease
Holy Trinity Lutheran Church, NOLS and City of Port Angeles
Page - 3
14. Notices. Any notices required or perfnitted to be given under the terms of this lease,
or by law, shall be in writing and may be given by personal delivery or certified mail, directed to
the parties at the following addresses, or such other address as any party may designate in writing
prior to the time of the giving of such notice, or in any other manner authorized by law:
Church:
HOLY TRINITY lUTHERAN CHURCH
c/o Senior Pastor
301 Lopez Street
Port Angeles, WA 98362
NOlS:
NORTH OLYMPIC LIBRARY SYSTEM
c/o Director
2210 S. Peabody Street
Port Angeles, WA 98362
City:
CITY OF PORT ANGELES
c/o City Manager
PO Box 1150
Port Angeles, WA 98362
15. Binding Effect. All of the covenants, agreements, conditions and terms contained in
this Lease shall be binding upon, apply and inure to the benefit of the successors and assigns of
the respective parties hereto. However, nothing in this paragraph shall be construed as modifying
in any way any restrictions on assignment and sublease provided in this Lease.
16. Waiver. No waiver of any right arising out of a breach of any covenant, term or
condition of this Lease shall be a waiver of any right arising out of any other or subsequent breach
of the same or any other covenant, term or condition or a waiver of the covenant, term or condition
itself.
17. Integration. This lease constitutes a final and complete statement of the agreement
between the parties and fully supersedes all prior agreements or negotiations, written or oral.
18. Dispute Resolution. Any party may demand submission of an alleged breach of the
terms and conditions of this lease to arbitration by written demand to the other party or parties.
Each party shall appoint a neutral and detached person as an arbitrator, and the arbitrators so
selected shall agree upon one additional neutral and detached person to also serve as arbitrator.
The arbitration shall be conducted under the rules of the American Arbitration Association. This
lease shall be interpreted and construed under the laws of the State of Washington and venue for
action concerning this lease shall lie in Clallam County, Washington.
19. Assignment. No right or obligation under this Lease shall be assigned without the
consent of all parties hereto except as provided under item 9.
20. Recording. This lease and the exhibits thereto shall be recorded in the office of the
Auditor of Clallam County, Washington.
Parking Lot Lease
Holy Trinity Lutheran Church, NOLS and City of Port Angeles
Page - 4
21. Exhibits.
A. Agreement dated August 2, 1994 between NOLS and City of Port Angeles
B. Map showing the property to be used for the parking lot and denotation of leased
premises.
C. Amortization Schedule
daYOf~~
STATE OF WASHINGTON)
)ss.
County of Clallam )
On this C/' day of ;;t;.~ , 1996, before me, the u
State of Washington, duly commissioned and sworn, I}f1rsonallyappeared
to me known to be the::Q, ~,/I./ .dlll-Al ~ and of
the corporation that executed the foregoing instrument, and a nowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,
and that the seal affixed is the corporate seal of said corporation.
Dll.'fED this /.2
\ ,
HOL Y -rRIN!TV LUTHERAN CHURCH
- 1-";"
By
Its
NORTH OLYMPIC LIBRARY SYSTEM
~S:' :,:~*~
1996.
CITY OF PORT ANGELES
g~('r~ ~"C<J( l:::-
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Attest: h 0 .~ (f>'H' ~ JIpn II.
State of Washington
County of Clallam ~_
Signed or attested before me on /Z ~~, /?9c"
by '17J';fy:'~ ~~
~i.gnafure_~4?4t~~ k~
MY appointment expires ~ // /9 G
Witness my hand and official seal hereto affixed the day and year first above written.
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Notary Public in and for the
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My commission expires:
Parking Lot Lease
Holy Trinity Lutheran Church, NOLS and City of Port Angeles
Page - 5
STATE OF WASHINGTON)
)ss.
County of Clallam )
On this / .z day of ~ 996, before me, the undersigned, a Not~~tiC in and for the
State of Washington, duly commissioned and sworn pe sonally appeared~~1) ~Li and A
to me known to be the . d I . . ,..ur eJl~~
-- the corporation that exec ed e foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,
and that the seal affixed is the corporate seal of said corporation.
Witness my hand and official seal hereto affixed the day and year first above written.
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Notary Public in and for the
Stat~ ~f Was.PV1gton ~
Residing a~.
My commission expire. L/,///9b
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STATE OF WASHINGTON)
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County of Crallam )
On this c:2~ d day of Jd.-tu.tU/1 ,1996, before me, the und 'signed, a Notary Public in and for the
St te of W hington, duly commissioned and sworn, personally appeared ~At 'Ll.--U _ '/_ 'A.~-<-<.>-"'~ - and
. , /L t;:....J to me known to be the '7lJ.u-/~ and:4-0 ,t!t2LA-,!'/ of
~t; iL !u . oU the corporation that executed the foregoing instrumenf, and acknowledged the said
instr ent to be the ree and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,
and that the seal affixed is the corporate seal of said corporation.
Witness my hand and official seal hereto affixed the da/Jd year first above written.
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Parking Lot Lease
Holy Trinity Lutheran Church, NOLS and City of Port Angeles
Page - 6
EXHIBIT A
INTERLOCAL GOVERNMENTAL AGREEMENT
FOR JOINT DEVELOPMENT OF
LIBRARY FACILITIES
THIS AGREEMENT is entered into this 2nd day of August ,
1994, between the City of Port Angeles, Washington, hereinafter
referred to as "City" and North Olympic Library System, hereinafter
referred to as "NOLS".
REPRESENTATIONS
1. The City of Port Angeles has entered into an agreement
with Clallam County for the formation of the North Olympic Library
System. Pursuant to the agreement, the City contributes a building
within the City limits for the operation of a public ~ibrary.
2. The existing Port Angeles library building is inadequate
to meet the needs of Port Angeles and would require e}(;tensive
modifications in order to comply with the Americans with
Disabilities Act. A previous county-wide bond issue to finance the
construction of new library facilities was not successful despite
the fact that it 'Nas passed by voters wi thin Port Angeles.
Accordingly, the City Council has agreed to the NOLS's request to
submit a bond issue to Port ARgeles voters for the construction of
a new library facility in Port Angeles.
3. Since the new library would be financed by bonds issued
by the City of Port Angeles, the structure will be owned by the
City and leased to the NOLS. Since the site for the new facility
is owned by the NOLS, the land will remain under NOLS ownership.
4. The parties have agreed as set forth below that there is
a need for mutual coooeration and identification of resDonsibili-
ties in order to pr~sent the bond issue to the voters and to
provide for the design and construction of the facility should the
bond issue be approved.
5. The City is willing and qualified to manage the design
and construction phases of the project and to participate with the
NOLS in an advisory committee that will make recommendations to the
City Council and NOLS Board of Trustees on decisions that must be
made as the project progresses.
6. The parties are authorized and empowered to enter into
this Agreement pursuant to Chapter 39.34 RCW.
7. The parties have each determined that this Agreement 1S
mutually fair and advantageous.
AGREEMENTS
NOW, THEREFORE, in consideration of the above-representations
and the mutual contributions, covenants and agreements contained
herein, the parties hereby agree as follows:
- 1 -
1. Purpose. The purpose of this Agreement is to set forth
cen::ain agreements between the city and NOLS relating to the
financing, design, construction, ownership, maintenance, and
opera~ion of a new library facility in the City of Port Angeles and
possible renovation or removal of the existing library facility.
2. Pro;ect description/scope of ','lOrk. The 'dork to be
completed pursuant to this Agreement, which work will also be
referred to as the "proj ect" , will consist of financing,
developing, and equipping a new library building of approximately
25,000 square feet for the greater Port Angeles area as well as the
possible renovation or removal of the existing public library in
Pan: AngE~les. The new library building will be located on a site
currently owned by the NOLS adjacent to the NOLS's administrative
cen~er located on E. Lauridsen Boulevard. The project will consist
of all necessary financing, architectural, engineering and other
consul ting services, inspection and testing , administrative and
relocati,:;)n expenses, utilities, and other work necessary to design,
construc'c and equip a new library.
3. Duration. The duration of this Agreement will be from
the date of execution by both parties and will continue until
either the bond issue for the new library does not receive voter
approval, the parties enter into a lease of the new library
facility, or the parties sooner agree to modify, extend, or
terminate this Agreement.
4. Financinq. The design and construction of the new
library facility and the possible renovation or removal of the
existing library facility shall be financed in whole or in part by
bonds issued by the City of Port Angeles, if such bond issues are
approved by the voters in an election to be held on September 20,
1994, and by funds provided by the NOLS. The amounts of said
con~ributions are set forth in the attached Exhibit A, which is
a~tached hereto and incorporated herein by this reference. Any
ccs~s incurred in the design and construction of the new library
facility, which costs are over and above the amounts set forth in
Exhibit A, shall be borne by the NOLS: provided that incurring such
addi tional costs shall be subj ect to the approval of the NOLS,
which approval shall not be unreasonably withheld.
5. Bond election and issuance fees. The city will sponsor
a bond election to be held on September 20, 1994. The two ballot
propositions will ask Port Angeles voters to authorize the city to
issue a total of 3.9 million dollars of general obligation bonds.
One ballot proposition will be for 3.6 million dollars of bonds for
the new library. The other ballot proposition will be for $300,000
of bonds for renovating the existing library building. The City
'..Jill also retain the services of bond counsel and financial
consultants as necessary to prepare the required legal documents
and to issue and market the bonds. All expenses of the bond
election and all fees of bond counsel and the financial consultants
shall be paid by the NOLS.
- 2 -
6. Proiect site. The NOLS shall provide a suitable site for
the construction of the new Port Angeles library. The NOLS's title
to the site shall be clear of liens or other encumbrances that
could adversely affect the construction or operation of the new
library. The site will be located in the City of Port Angeles on
property currently owned by the NOLS adj acent to the NOLS' s
administrative center on E. Lauridsen Boulevard.
7. Construction fund and expenditures. All proj ect funds as
described in Paragraph 4 above shall be placed in a fund to be
administered by the City's Finance Director and to be known as the
Pori: Angeles Library Construction Fund. All expenditures from said
fund shall be in accordance with payment requests duly authorized
by the City Council and shall be in compliance with the bond
ordinance and related documents.
8. Port Anqeles Librarv Advisorv Committee. The City and
NOLS shall form the Port Angeles Library Advisory Committee, which
shall make recommendations on matters to be decided by the City
Council and/or NOLS Board of Trustees such as architect selection,
bid award, and change orders, and which shall be constituted as
follows:
a. one City Council member
b. one NOLS trustee
c. one membe~ of Friends of the Library
d. city Manager or designee
e. NOLS Director or designee
f. Project Manager
9. proiect Manaqer. The project Manager shall be the City's
Public Works Director or designee, who shall oversee the design and
construction of the proj ect on behalf of the City and NOLS and
shall make recommendations to the City Council and/or NOLS Board of
Trustees on matters such as progress payments, change orders,
substantial completion and final completion.
10. Architect selection. The architect for the design of the
new Port Angeles library will be selected in accordance with the
requirements 0 f Chapter 39 . 80 RCW. The Port Angel es Library
Advisory Committee shall make a recommendation as to the most
qualified firm. The final selection shall be made by the City
Council subj ect to the approval of the NOLS Board of Trustees,
which approval shall not be unreasonably withheld. The City shall
negotiate a contract with the most qualified firm at a price which
the City determines is fair and reasonable.
11. Bid award. The contract for constructing the project
shall be awarded to the lowest responsible bidder in accordance
with the requirements of RCW 35.23.352 and other applicable
statutory provisions. The Port Angeles Library Advisory Committee
shall make a recommendation to the City Council, which shall award
the bid to the lowest responsible bidder, subject to the approval
of the NOLS Board of Trustees, which approval shall not be
unreasonably withheld.
- 3 -
12,. Proqress '8avments. Progress payments to the architect
and the construction contractor shall be approved by the City
Council based on the recommendation of the Project Manager.
13.
approved
forth in
B and is
Chanqe orders. Change orders shall be processed and
consistent ~..;ith the City I s change order policy as set
Resolution No. 7-91, which is attached hereto as Exhibit
incorporated herein by this reference.
14. Administrative costs. The City shall be reimbursed for
all project management and administrative costs related to the
project, including but not limited to finance, legal, construction
oversight, and related services and activities: provided that
reimbursement for such administrative costs shall not exceed
$50,000 unless otherwise approved by the NOLS Board of Trustees:
and pro1vided further that the $50,000 reimbursement amount shall
not include the bond election costs and bond issuance fees as set
forth in Paragraph 5 above.
15. Leqal requirements. The parties agree to comply with
all legal requirements that apply to the project and related acti-
vities, including but not limited to legal requirements applicable
to the city such as architect selection, bidding, tenant reloca-
tion, and prevailing wages, as well as legal requirements set forth
in City ordinances, such as permitting and parking regulations. In
the case of tenant relocation, NOLS specifically agrees to comply
with, and fund all expenses of, the City I S Residential Anti-
Displacement and Relocation Assistance Plan, to the extent said
Plan is applicable to the project.
16. Ownership/lease. The new Port Angeles library site will
be owne~d by the NOLS and leased to the city. The building and all
appurtenances thereto will be owned by the city. The City shall
providE~ insurance on the building until the project is complete.
Upon project completion, the parties will execute a lease of the
entire premises, including the land and the building, from the City
to the NOLS. The term of the lease will be at least until the
bonds are no longer outstanding. The lease will contain provisions
requiring the NOLS to operate and maintain the building as set
forth in Paragraph 17 below, pay for all utilities, and provide
necessary property and liability insurance with the City as a named
insured. The lease will also contain provisions requiring the City
to be responsible for correcting construction defects for the
duration of the warranty period(s) provided for in the construction
contract and for making major structural repairs.
17. Operation and maintenance. The NOLS shall operate the
premises as a full service library for the citizens of Port Angeles
and the general public in accordance with all applicable legal
requirements and for purposes incidental to such operation and for
no other purpose whatsoever without the, written consent of the
City. The NOLS shall provide all management, supervision,
personnel, materials, equipment and supplies necessary to library
operations and shall take all reasonable precautions to prevent
damage, injury or loss, by reason of or related to the operation
- 4 -
and maintenance or the racility, to any persons or property, and
shall provide liability insurance coverage In such amounts
necessary to fully cover such damage, injury or loss which may
occur despite reasonable precautions or in the event such precau-
tions are not taken. The NOLS shall properly supervise and direct
its employees and other parties implementing the performance of its
duties under this Agreement, and the NOLS shall be fully respons-
iblE: for the performance of such employees and other parties.
The premises shall be maintained by the NOLS in a reasonably
prudent manner as necessary to promote the building's normal useful
lifE:, including all structures and equipment necessary to keep the
library facility fully operational for the purposes set forth in
this Agreement. The NOLS will maintain property insurance coverage
in such amounts necessary to fully insure the NOLS facilities and
will apply all insurance proceeds to repair or replacement of the
facilities. In the event the facilities are damaged or rendered
unusable by an uninsurable cause despite reasonable maintenance by
the NOLS, replacement of the facilities shall be accomplished as
mutually agreed upon by the parties at the time such replacement
becomes necessary.
18. Existinq librarv buildinq and Citv records storaae. The
City will decide in its sole discretion what actions to take with
regard to the existing library building, which actions may include
renovating or removing the building. For such purposes, if both
bond issues receive voter approval, the City shall be able to
expend up to $500,000 of the project funds as set forth in para-
graph 4 above and Exhibit A. If the bond issue for renovating the
existing library building does not receive voter approval and the
bond issue for the new library building does receive voter
approval, then prior to the execution of the lease as set forth in
paragraph 16 above, the NOLS shall pay the City up to $400,000 from
NOLS funds for renovating or removing the existing library
building. In addition, the NOLS recognizes 'che city I s need for
records storage space and agrees to make a good faith, cooperative
effort with the City in making space available in the existing NOLS
administrative services center building for City records storage.
19. Liabilitv. Each party agrees to hold the other harmless
from any claim resulting from such party's sole negligence and from
actions or omissions that are solely attributable to any employee
or agent of such party.
20. Non-discrimination. The parties shall perform their
responsibilities under this Agreement in a manner which assures
fair, equal and non-discriminatory treatment of all persons, with
respect to race, creed, sex, ~iet Nam era veteran s'catus, disabled
veteran condition, physical or mental handicap, or national origin
and, in particular:
a. the parties will maintain open hiring and employment
practices and will welcome application for employment
in all positions from qualified individuals who are
members of such minorities: and
- 5 -
b. the parties will comply with all requirements of
applicable federal, state or local laws or
regulations issued pursuant thereto, relating to
the establishment of non-discriminatory requirements
in hiring and employment practices and assuring the
service of all persons without discrimination as to
such minority status.
21. Assiqnabilitv. The rights and responsibilities of each
party pursuant to this Agreement shall not be assigned without the
other party's written agreement.
22. Dispute resolution. Any alleged breach of this Agreement
shall be subject to arbitration as may be required by applicable
court rules, statutes, or other legal requirements. Any litigation
between the parties pursuant to this Agreement shall be brought in
Clallam County Superior Court.
23. Filinq. Copies of this Agreement shall be filed with the
City Clerk, the Clallam County Auditor and the Secretary of State
of the State of Washington.
24. Severabili tv. In the event any provision of this
Agreement is declared by a court of competent jurisdiction to be
invalid, illegal, or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not be affected or
impaired thereby.
IN WITNESS WHEREOF, the parties have executed this agreement
by their duly authorized officials as set forth below.
CITY OF' PORT ANGELES
NORTH OLYMPIC LIBRARY SYSTEM
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By: t~~ v- -<J............ ~C1....\. '''p? v..-T
JOfln K. sa~ge~t:"l Mayor
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By:
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Pr~Sla~ t
Board of Trustees
Date: ~.- ~ -""# 't
ATTEST: ~ (~
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APPROVED AS TO FORM:
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Craig D.~Kliutson, City Attorney
City of: ~ort Angeles
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EXHIBIT "A"
New Library
Bonds for new library design and
construction:
$3.6 million
NOLS contribution for new building
design, construction, bond election
costs, bond fees, contingencies,
City's administrative costs:
.6 million
Subtotal
$4.2 million
Existinq Librarv
Alternative 1:
Bonds for existing library renovation $.3 million
NOLS contribution for existing library
renovation and remodeling: $ .2 million
Subtotal $ .5 million
Alternative 2:
NOLS contribution for existing library
renovation or removal, if bond issue for
new library passes but bond issue for
existing library renovation fails $ .4 million
Exhibit B
PROPERTY DESCRIPTION
The church property (leased premises) which is the subject of this lease is described as follows:
Lots 3 through 10 and all of the vacated alley south of lots 4 through 10 and all of the
vacated alley south of the west % of lot 3 and the north % of the vacated alley south of the
east % of lot 3, Block 18 of the Puget Sound Cooperative Colony's Second Addition,
Section 10, Township 30N, Section 6W, Clallam County, Washington.
The area to be used for the cooperative parking lot is shown below:
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Parking Lot Lease
Holy Trinity Lutheran Church, NOLS and City of Port Angeles
YEAR
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
ANNUAL
4.5%
4.5%
4.5%
4.5%
4.5%
4.5%
4.5%
4.5%
4.5%
4.5%
3.5%:
3.5%
3.5%
3.5%
3.5%
3.0%
3.0%
3.0%
3.0%
3.0%
2.5%
2.5%
2.5%
2.5%
2.5%
2.0%
2.0%
2.0%
2.0%
2.0%
Exhibit C
Amortization Schedule
TOTAL
No termination during
the +first 10 years.
45.0%
48.5%
52.0%
55.5%
59.0%
62.5%
65.5%
68.5%
71.5%
74.5%
77.5%
80.0%
82.5%
85.0%
87.5%
90.0%
92.0%
94.0%
96.0%
98.0%
100.0%
Parking Lot Lease
Holy Trinity Lutheran Church, NOLS and City of Port Angeles