HomeMy WebLinkAbout2.63 Amendment2.63
THIRD AMENDMENT
TO LEASE AND MANAGEMENT AGREEMENT
WHEREAS, on September 7, 2006, the City of Port Angeles, a municipal corporation of
the State of Washington ( "City "), entered into a Lease and Management Agreement (referred to
herein as "Agreement ") with Heckman Motors, a corporation of the State of Washington
( "Heckman "), relating to the occupancy of the property at 111 E Front Street in the City of Port
Angles; and
WHEREAS, the Agreement was amended in the First Amendment to the Agreement
( "the First Amendment ") and subsequently into the Second Amendment to the Agreement
( "Second Amendment ") which amendments are hereby incorporated;
WHEREAS, Heckman has settled a disputed claim with the City. /
The City and Heckman for valuable consideration enter this Amendment on this �7
day of 2014, for the purposes of revising the Agreement between the
Parties.
It is hereby agreed:
1. Paragraph 4(a) of the Agreement and paragraph 4 of the Second Amendment and
paragraph 3 of the First Amendment are amended in their entirety to read:
(a) Heckman shall pay to the City a monthly fee for the license to occupy, use, and manage
Parcel 2 in the amount of Three Thousand One Hundred One dollars and Seventy -Four
cents ($3101.74) plus leasehold tax.
2. Except as expressly provided above, the 2006 Lease Agreement is hereby ratified
and confirmed.
IN WITNESS WHEREOF, this lease amendment has been executed the date and year
first above written.
CITY OF PORT ANGELES I HECKMAN MOTORS
Dan McKeen, City Manager Jack
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Approved as to form:
Attest:
Ja sa Hurd, City Clerk William Bloor, ity Attorney
State of Washington )
) ss.
County of Clallam )
On this day of 2014, personally appeared before
me Dan McKeen and Janessa urd, to me know to be the City Manager and City Clerk,
respectively, of the City of Po " Angeles, the mun cipal 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.
N%
j&Uf1WQESS WHEREOF I have hereunto set my hand and affixed my official seal the day
`oArvs l a e written.
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EXP pp.�4/2018 Notary Public and for tl} tate of Washington
N� pUg`�Ci �+ residing at'7_
%y� • �. ®�,o My commission expires; — - 1.
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StN on )
ss.
County of Clallam )
On this day of �... �r� r�1� -�,- , 2014, personally appeared before me
Jack Heckman, to me know ! to be the Preside At of the Heckman Motors, that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and voluntary
act and deed of said agency for the uses and purposes therein mentioned, and on oath stated that
he is authorized to execute the said instrument.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day
and year first above written.
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otary Public and for / S to of Washington
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SETTLEMENT AGREEMENT TO SATISFY
LEASEHOLD EXCISE TAXES
This Agreement is made between the City of Port Angeles (hereinafter referred to as the
"City ") and Heckman Motors, Inc., a Washington corporation, (hereinafter referred to as
Heckman Motors.
In consideration for the benefits to be derived from compliance with this Agreement, and
for the purpose of satisfying the leasehold excise taxes owed by Heckman Motors, the parties
recite and covenant as follows:
1. Recitals.
A. The City claims that as of September 30, 2013, Heckman
Motors owes to the City the past due installments of leasehold excise taxes
in the sum of $28,719.64. Heckman Motors disputes this claim.
B. The City and Heckman Motors signed a Lease and
Management Agreement on September 7, 2006 (the Agreement). The
Agreement described the terms whereby Heckman would lease parcel one
and manage parcel 2.
C. The City and Heckman Motors have agreed to settle the
disputed claim on the terms and conditions stated below.
2. Agreements:
A. Heckman Motors will pay to the City past due leasehold
excise taxes in the sum of $14,359.82.
B. The amount of $14,359.62 is to be paid in 60 continuous
monthly installments of $239.33 beginning January 2014; and Heckman
Motors will make a like installment on the same day of every month
thereafter until the amount is paid in full.
C. The property lease monthly amount for Parcel 1 as
described the Agreement due is $1,692.60 which includes leasehold tax.
All other term of the Agreement regarding parcel 1 dated September 7,
2006 remain unchanged.
D. The monthly amount due for Parcel 2 as described in the
Agreement is $3,500 that includes leasehold excise tax. All other terms
set out in the Agreement regarding Parcel 2, remain unchanged except the
Agreement is hereby amended to provide that monthly payments shall be
$3,500 including leasehold excise tax beginning January 1, 2014.
E. So long as Heckman Motors remains in good standing with
the terms of this Agreement, no additional interest and penalties will
accrue. If the payments described above are fully and timely paid, then the
City will forgive the remaining taxes, interest and penalties, in the amount
of $14,359.82.
F. Time is of the essence for this agreement. In the event
Heckman Motors fails to timely and fully make any payment required
above, the City may declare this Agreement to be terminated. In that
event, the full amount of taxes, interest, and penalties, calculated as if this
Agreement had not been made, shall immediately become due and
payable.
3. Entire Agreement.
This Agreement constitutes the entire agreement between the City and
Heckman Motors, Inc. and it supersedes all prior communications and
proposals, whether electronic, oral, or written between the City and
Heckman with respect to the leasehold excise taxes covered by this
Agreement.
IN WITNESS WHEREOF, the City and Heckman Motors, Inc., have executed this
Agreement as of the date and year last written below.
CITY OF PORT ANGELES
By:
Title: C,,
Date: dd1AIy
HECKMAN MOTORS, INC.
itle:
Da i
PORT NGELES
f_" ,
City ��>�csrl�?c�t,r`�� <��r�c,e
January 14, 2014
Mr. Jack Heckman
Budget Rent A Car
11 I East Front Street
Port Angeles, WA 98' )62
RE: Sale of Vehicles in the Central Business District
Dear Jack:
This letter is intended to summarize past conversations regarding the sale of vehicles on
property located within the City's Central Business District, specifically at 111 East Front
Street. A car rental business has been conducted on this property for many years. You
currently own and conduct that business. The property is leased from the City.
Over past years, City staff have discussed with you the various activities that can occur on
the subject property due to the zoning being Central Business District (CBD). While car
rental businesses are permitted in the CBD, automobile dealerships are not. You are aware
that, while the sale of vehicles used in your car rental fleet that are being phased out of fleet
use may be offered for sale on site, vehicles that are acquired with the intent to sell
independently, not intended for rental use, may not be offered for sale on the property in the
CBD.
I hope that this information is clear to you. If you have any questions, please don't hesitate
to contact Community & Economic Development staff.
Sincerely,
Dan McKeen
City Manager
Cc: Nathan West, CED
Bill Bloor, City Attorney
Property File
Acknowledged by:
t
- 1.aa Heckman
Budget Rent -A -Car
Phone: 360 -417 -4500 / Fax: 360 -417 -4509
We ite: wlnaw.dtyofpa.us / €na €l: cityrnanager@cityofpa.us
321 East Fifth Street - P.O. Box 1150 / Fort Angeles, VVVA 98362-0217