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Home My WebLink About5.1001 Original ContractPARKING SPACE AGREEMENT THIS PARKING SPACE AGREEMENT "Agreement is entered into this 12 day of F4.1 2010, between the City of Port Angeles, a code city of the State of Washington "City and the Downtown Ambulatory Health Clinic "Permittee In consideration of the covenants and agreements set forth below, the parties hereby agree as follows: 1. Parking Spaces. City agrees to lease to Permittee thirteen (13) parking spaces in Lot 7, Block 14, Townsite of Port Angeles, as shaded and designated on the attached Exhibit A site plan, and incorporated herein by reference. The spaces shall be available for weekday business hours from 7:00 a.m. until 6:00 p.m. and shall not be leased during all other periods including state holidays. The spaces are to be reserved for Permittee or for Permittee's clients. 2. Term. The agreement shall be for a term commencing on /i, L 1 s 1.� 2010 and terminating on reL 2 2014; provided, however, from and after F-c 2 2011, if the Permittee provides evidence, satisfactory to the City, demonstrating that without this Agreement the Permittee will comply with all applicable requirements to provide parking spaces for its business, the Permittee may terminate this Agreement by giving notice. If the Permittee gives such notice and provides such evidence, this Agreement shall terminate 60 days after the date the notice and evidence are delivered to the City. 3. Fee. A. The monthly fee "fee shall be Two Hundred Sixty Four Dollars and 03/100 per month ($264.03) which amount includes leasehold excise tax (currently 12.84 through July 31, 2010. On August 1, 2010, the fee will increase to $271.95 per month. On August 1, 2011, the fee shall increase to $280.11 per month. On August 1, 2012, the fee shall increase to $288.51 per month. On August 1, 2013, the fee shall increase to $297.17 per month through July 31, 2014. The fee shall be payable in advance on the first day of each month of this agreement. If any fee payable by Permittee to the City under this agreement is not received by the fifth (5t day of each month, Permittee shall pay to the City in addition to the amount due, an amount equal to the greater of ($100.00) or five percent (5 of the delinquent amount. In addition to the monthly fee charge plus leasehold excise tax, the Permittee agrees to pay the quarterly PBIA assessment portion due on 13 parking spaces. B. Upon execution of this agreement, Permittee shall deliver to the City the sum of Two Hundred Sixty Four Dollars and 03/100 ($264.03) as prepaid fee to be applied to the fee due for the first month of the agreement. 5. Permitted Use. The spaces shall be used for parking associated with Permittee's business and for no other purpose without the prior written consent of the City, which 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 Permittee's permitted use. 6. Notice and Payment Addresses. A. City: City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 Fax No. (360) 417 -4529 B. Permittee: Downtown Ambulatory Health Clinic 240 West Front Street Port Angeles, WA 98363 Fax No. (360) T g e 9g 7 7. Operating Costs /Ingress and Egress. It shall be the sole responsibility and at the sole cost of the City to maintain the spaces being leased under this agreement and to provide for the unobstructed ingress and egress on and/or into the parking facilities and each of the spaces during the term of this agreement and any subsequent extension, revision, and/or renewal thereof. 8. Default. If Permittee materially breaches any of the covenants or agreements herein contained, and such failure continues for thirty (30) days after written notice from the City, unless appropriate action has been taken by Permittee in good faith to cure such failure, City may terminate this agreement and may lease or otherwise transfer the premises, and Permittee shall forfeit all improvements made to the premises by Permittee and shall be liable to the City for all unpaid fees up to the date of termination. If the fee is delinquent more than thirty (30) days, it shall constitute a material breach of this agreement. 9. Assignment and Subletting. Permittee's right to assign, sublet, or otherwise transfer any of the Permittee's interest in this 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. 10. Utilities and Services. The City shall, at City's sole cost and expense, provide and pay for electricity to the parking facility lighting. -2- 11. Insurance. The City shall provide for commercial general liability insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the City's responsibilities under this Agreement, with minimum limits of $1,000,000 for each injury, $1,000,000 for all injuries from a single accident, $50,000 property damage, and no deductible. The policy shall name Permittee as an additional insured. IN WITNESS WHEREOF, this agreement has been executed the date and year first above written. CITY OF PORT ANGELES Gr- Kent Myers, C /(y Manager Attest: above written. a ssa Hurd, City Clerk Appr ed as to form: r William E. Bloor City Attorney State of Washington County of Clallam ss. -3- DOWNTOWN A ULATORY HEALTH CLINIC By: Name: 1 61(4_ rn Notary Pubin and for e tate of Washington residing atk, LL„ J My commission expires:,- 2 By i Na e: �lc u�� //President et Secretary On this /G, 1 day of Jr— 2010, personally appeared before me Kent Myers and Janessa Hurd, to me known to be the City Manager and City Clerk, respectively, of the City of Port Angeles, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation. 1N WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first State of Washington ss. County of Clallam On this 1 a_ day of o-n 2010, personally appeared before me 13'1 cQio.,■ M aoxw c n and5. to me known to be the President and Secretary, respectively, of Downtown Ambulatory Health Clinic, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. lN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State o Washington residing at e s* My commission expires CARLENE MARIE RINGIUS STATE OF WASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES G \Legal_Bacl Jt 1QE1 ENTS &CONTRAC I i\2010 Agrmts &Contracts\DAHC Parking Agreement 010810 wpd (February 11, 2010) Description Quantity PS PARKINS DECALS 1.00 Frans number: DOWNTOWN AMBULAIUkY DOWNTOWN AMBULATORY HEALTH MI ER LLC 303W8fHSf CITY OF PORI AN6ELB CUSFUNER RECEIPT Doer: KEMERY Type: 'CT Drawer: 1 Date: 2/17/10 01 Receipt no: 13/87 Amount $264.03 103086 Tender detail CK C EC1( 1080 $264.03 Total tendered $264.03 Total payment $264.03 Trans date 2 /17/10 Mime: 11:&:11 THANK YOU FUR YOUR PAYMEN1 FOR INQUIRIES 360 487-0411 Pk :SS ZERO WWW. CIIYOFPA. U5