HomeMy WebLinkAboutNOHN Parking AgreementCity of Port Angeles
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TERNIINATION ACKNOWLEDGMENTAND PARKING SPACL ACREEMENT
['11 is ATC inination Acknowledgnient and parking Space Agreernent (*-Agreement") is
niade this
day of, 7Kq2102 1 by, and between the City of Port AngelQs, a non-
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charter, code city and municipal corporation of the State ot"Washin;torn ("'City"), the North
01yrnpic Healthcare Network ("NOHN-) and the Downtown Ambulatory Health Clinic of Port
Angeles, ("DAHC',"), collectively known as Parties.
For and in consideration of the mUtUal benefits derived herefrorn, the Parties recite drid
agree as follows:
1. Termination Acknowledgement
"I'lle City and DA[ IC made and entered into a Parking Space Agreement on February 12,
2010 (the "Original Parki rig Agreement"). The, Original Parking Agreement's terrn initially
ended on February 2014, Following that date, DAI IC continued to pay rent to the. City on a
month-Lo-month basis. DAHC subSCtJLIendy dissolved its partnership and no longer provides
services, Former DAHC partner, Doctor Michael Maxwell retains signatory aUtI101-ity for DAHC
for the purp�oses of terminating this agreement.
The parties now ackno\vIedge that as of the data: of the last signatUIV affixed hereto, the
Original Parking Agreement between the City and D/.,kHC is terminated, and DAHC is no longer
party to any Parking Space Agreernent between the City and NOHN,
ti. Parking Space Agreement
1. Parkina Snaces: NOH-N purchased from DAIIC the medical practice anti building
located at 240 W. Front Street, Port Angeles, WA 98362 on January 5'u', 202 1. Commencing
froin that date, the City agrees to lease to NOIIN thirteen (13) parking spaces in [..of 7, Block 14,
Townsite of Port Angeles. The spaces shall be available for weekday business hours from TOO
a.111. until 6:00 p.m. and shall not be lease([ during all other periods including state holidays. 'I'he
spaces are to be reserved for NOIIN or for NOIfN's clients.
2. Verna; This Parking Space Agreement shall be for a term commencing Januarry 5"', 2021
and shall terminate five years from that date, unless this Parking Space Agreement is renewed no
later than fifteen days before the fifth year termination date; following the first renewal ot. this
Parking, Space Agreement, Subsequent rejjewVral may be granted annually on the anniversary of
the termination date; PRO�VIDED should the City sell the property at any time during the
term of this Parking Space Agreement or any other extension, revision, and/or renewal
thereof, this Parking Space Agreement shall immediately terminate upon the closing of
such sale.
3, Fee: The monthly fee ("fee") shall be Two Hundred Ninety -Seven Dollars and 16/100
per month ($297.16) which amount includes leaFehold excise tax (currently 12.849/u) through
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December)], 20121, The fee shal I then increase by three percent (311,,l,) per anni.1111, SO that on
January 1, 2022, the fee will increase to $306.08 Per month, On January I , 2023, the fee
shall increase to S3 15.26 Pei- month. On January, 1. 2024, the fee shall increase to $324,,72
permonth, Oil January 1, 20-25, the fee shall increase tcro l334.4t per month through
December 31, 2 02 5, and so on during the entire I i to of this Parking, Space Agreement,
The fee shall be payable in advance on the first day ofeach month of this agreement, If any,
fee payable by NO IN to the City under this agreement is not received by the fifth (5"") day
ofeach month, NOIIN shall pay to the City in addition to the amount due, an amount equal to
the greater of( 1 0,00) or rive percent (5'.F'(j) of the delinquent arnount.
In addition to the monthly fee charge plus leasehold excisetax. NOVI.Nagrees to pay the
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quarterly P131A assessment portion due on 13 parking spaces.
4. Permitted Use: The spaces shall be used for parking associated with NOFfN's
business and for no other purpose Without the prior written consent of the City, Wiich consent
may be granted or denied based on the City's sole discretion. The City shall have the right to
use such spaces for any other purpose that does not interfere with NOFIN's permitted use,
Notice and Pavinent Address,:
A. City. City of Port Angeles
P.O. Box H 50
Port elingeles, WA 98362
B. NOHN: North Olympic Healthcare Network
240 W. Front Street
Port Angeles,. WA 98362
6, Operci,ting,Co.,st.s/.I.pgressaiidEi,,ress: It shall be the sole responsibility and at the sole
cost of the City, to maintain the spaces being leased Linder this Parking Space Agreement and
to provide for the unobstructed ingress and egress on and/or into the parking facilities and
each of the spaces duringthe term of this Parking Space Agreement and any Subsequent
extension, revision, and/or renewal thereof,
T Default: If NOHN materially breaches any of the covenants or agreements herein
contained, and such failure continues for thirty (30) days after written notice frorri the City,
unless appropriate acti(r)n has been taken by NOHN in good faith to cure such f�iilurc, City may
terminate this Parking Space Agreement and may lease or otherwise transfer the premises, and
NOON shall forficit all improvements made to the premises by NOHN and shall be liable to the
City for all unpaid bees Lip to the date oftermination. If the fee is delinquent more than thirty (30)
days, it shall constitute a material breach of this agreement,
8Assignment and Subletting: NOIIIN's right to assign,, sublet, or otherwise transfer any of
NOHN's interest in this Parking Space Agreement or any part of these !spaces shall be exercised
only with the prior written consent of the City, which consent may be granted or denied based on
the City's sole discretion,
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9. t ttifilies and Services: The City shall, at City's sole cost and expense, provide and pay
for clectriciq to the parking, racility lighting.
10, Insurance: The City shall maintain commercial ocneral liability insurance coverage
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through Washington Cities Insurance Autl!06tV, I Self-ifISUred municipal risk pool, against g
claims for in i junes to Persons or damage tc1:1ropervy3, which may freers fri or in connection with.
the C"ity's responsibilities Under this Parking Space Agreement.
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IN 'XITNIESS WHEREOF, this termination of lease ackno%,vledgnient has been CXeCUtCd
the date and year First above written,
CITY OF PORT ANGELFS
—Do S ned by,
By. . ........ .... . .. ......... .
Nathan A. West, City Manager
Attest*, DacuftneJ by,
By
Kari Martinez -Bailey, City C]erk
Approved as to form:
By NIWA*
William E. Floor, City Attorney
In
DOWNTOWN AMBULATORY
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NORTH OLYMPIC HEAL ITICARE
NETWORK
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By
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