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CC AGR 04-013 CONTRACT & AGREEMEN ROUTING FORM To be completed by Department of Origin for all contracts & agreements. Department must obtain signatures from the Contractor. After Contractor signature is obtained, send to the City Clerk Division to route for signatures from the City Attorney, Finance Department, and City Manager. Council Approval Reauired* when Contract I Aoreement is over $25,000 OR when Contract is for Professional Architectural or Enaineerina Services Citv Manaaer Authoritv Sanctioned for under $25,000 *ENTER DA TE Scheduled for Council Consideration: December 15. 2003 DEPARTMENT OF ORIGIN: Public Works STAFF CONTACT & Ext #: Pat Parkhurst/4352 Contract with: Bothell Historical Societv Brief Description of Contract: Contract Amount: $0 Lease Agreement for Historical Buildings Budgeted Amount: $L- BARS Coding: NA Duration of Work: From: Jan. 1,2004 To: Dec. 31. 2013 ReasonlNeed: Certificate of Insurance Required: X Yes DNo If Yes, Amount/Type of Insurance: $1.000,000 liabilitv & $100.000 prooertv damage, If Insurance Waived, Reason: Originator: Please obtain the Contractor/Consultant signature first, than forward to Clerk Division to obtain remaining approvals/signatures. X Approved by City Council on: 12/15/03 Agenda Actions attached 1$1 'Se.~ -\-., ~~ 'L..<l.."'<>"~\- ""~ \'- -""l..'Z..-~ o Approved/Signed by Contractor/Consultant on: o Forwarded to City Attorney on: D Reviewed/Signed by City Attorney on: D Forwarded to Finance on: \'-\"'bCI ~ Reviewed/Approved by Finance Director on: tz./5,/ IKl Reviewed by Maureen for budget and business license on: ~ D Forwarded to City Manager on: \ \s o Approved/Signed by City Manager on: \ \I. Forwarded to City Clerk on: ~ g Reviewed/Signed by City Clerk on: ~~ ~ \<-j \"\ ~ Notary Needed o Obtained o o o o o Clerk Division Use Only \?.\ '" . Received by Clerk Division on: _ \ "" Distributed to: '0 -\-\ . -::" . On: \\c:.., IF RECORDING IS REQUIRED, COMPLETE RECORDING REQUEST FORM , e e City Council Agenda Actions Regular Meeting I Monday, December 15, 2003 (Please refer to minutes for additional information> Members of the City Council Present: Jeff Merrill, Mayor; Mike Johnson; Patrick Ewing; Sandy Guinn; Cindy Honcoop (arrived late); Tim Olsen (arrived late); and Dick Paylor Members of the City Council Absent: None Members of the Staff Present: Jim Thompson, City Manager; Manny Ocampo, Assistant City Manager; Michael Weight, City Attorney; Forrest Conover, Police Chief; Mark Ericks, Administrative Services Director; Bill Wiselogle, Community Development Director; Dave Zabell, Public Works Director; Ron Zsigmondovics, Acting Interim Fire Chief; Pat Parkhurst, Public Works Superintendent; Seyed Safavian, Transportation Manager; Eddie Low, Engineering Manager; Gary Sund, Utility Engineer; Bruce Blackburn, Senior Planner Next Ordinance No.: 1921 (2003) Next Resolution No.: 1158 (2003) Pledae of Alleaiance RollCall Meetina Agenda Approval Review Proiected Aaenda Special Presentations 1, SSM #03-185, Northshore Parks & Recreation Service Area Pool Study Update SUMMARY: No Action Required. Northwest Small Cities will be providing an update to the City Council on the Pool Study that was commissioned by the Northshore Parks and Recreation Service Area (NPRSA). Ii5 Received update Special Presentations (continued next paae) g:\groups\...\AgendaActionsI2003\aa121503.doc e e City Council Agenda Actions December 15, 2003 Page 2 Special Presentations (continued) 2, AB #03-186, SR-522 Citizen Advisory Group Recommendations RECOMMENDATION: Accept the SR-522 Citizens Advisory Group (CAG) recommendation and direct staff to incorporate the recommendation into the City's Downtown sub-area planning effort scheduled for 2004, m Received update and approved recommendation as amended. Visitors (3-5 minutes per speaker) During this portion of the meeting, the Mayor will invite citizens to talk with the Council about topics that are not scheduled for public testimony on tonight's agenda. Please don't hesitate to use this opportunity to share your views with the Council. Consent Aaenda 3, All matters listed within the Consent Agenda have been distributed to each member of the City Council for reading and study and may be enacted by one motion of the Council with no separate discussion. If separate discussion is desired, that item may be removed from the Consent Agenda by any Council Member and placed on the Regular Agenda for Council action. A. Consider Approval of City Council Minutes of December 1, 2003 RECOMMENDATION: Approve as submitted. m Forwarded to Future Agenda B. AB #03-187, Consider Approval of Voucher Nos. 56552 through 56929, for the Period November 1 - 30, 2003 RECOMMENDATION: Approve Voucher Nos. 56552 through 56929, for the Period November 1 - 30, 2003 that have been approved and paid by the City Auditor. m Approved C. AB #03-188, Acceptance of the 2003 Annual Street Overlay Program- Phase 1 Asphalt Overlay RECOMMENDATION: Accept the 2003 Annual Street Overlay Program - Phase 1 Asphalt Overlay construction project as complete and authorize release of construction retainage subject to appropriate state agencies acceptance for the completion of this public works contract. m Approved g:lgroupsl...\AgendaAClions\2003\aa121503.doc . e City Council Agenda Actions December 15, 2003 Page 3 Contracts! Agreements 4. AB #03-191, Consider Approval of: (1) Amendment to Interlocal Agreement with King County Conservation Futures and Direct the City Manager to Sign the Agreement; and (2) Purchase & Sale Agreement for the Purchase of the Haynes Property and Direct the City Manager to Sign the Agreement RECOMMENDATION: Approve: (1) Amendment to Interlocal Agreement with King County Conservation Futures and direct the City Manager to sign the agreement; and (2) Purchase & Sale Agreement for the purchase of the Haynes Property and direct the City Manager to sign the agreement. 0APproved 5. AB #03-192, Snohomish County Fire District #10 Contract RECOMMENDATION: Authorize the City Manager to sign the five-year contract with Snohomish County Fire Protection District #10 for fire & EMS services. 0Approved 6. AB #03-189, Park at Bothell Landing Historical Buildings Lease RECOMMENDATION: Authorize the City Manager to sign the Park at Bothell Landing Historical Buildings Lease with the Bothell Historical Museum Society. o Approved Boards and Commissions - None Old Business - None Ordinances & Resolutions - None . g:lgroupsl...\AgendaActions\2003\aa121503.doc e e City Council Agenda Actions December 15, 2003 Page 4 Public MeetinQs, Public HearinQs, Closed Record Reviews (6:00 p.m. or later) 7. A8 #03-190, Public Hearing Concerning PUD and Impervious Surface Requirements in Subdistrict "8" of the North Creek Valley Subarea (Use Procedure #3 in Council Notebooks) a) Staff presentation b) Public comment c) Decision by Council whether to adopt: (1) proposed Findings, Conclusions & Actions; (2) proposed ordinance; and (3) Initiate a Comprehensive Plan & Code amendment RECOMMENDATION: Adopt (1) the proposed Findings, Conclusions and Actions; (2) the attached proposed ordinance approving Code amendments repealing the requirement that development on the R4 and R15, OP zoned hillsides of the North Creek Valley (Subdistrict B) - except the area between Beardslee Boulevard and Ross Road - go through the Planned Unit Development process; and 3) Initiate a Comprehensive Plan and Code amendment to amend language requiring development located between Beardslee Boulevard and Ross Road in Subdistrict B of the North Creek Valley Subarea to be processed as a planned unit development. @APproved amended Findings, Conclusions and Actions; approved amended Ordinance No. 1921 (2003), effective December 25, 2003; authorized staff to comptete SEPA analysis; and scheduled I~em for Council consideration on February 2, 2004 New Business - None Executive Session - Property Acquisition, Personnel Matters, Potential/Pending Litigation / Labor Relations (approximately 15 minutes) @An Executive Session was held this evening. g:lgroupsl...\AgendaActions\2003\aa121503.doc City ~ Bothell . ?:,\~S");.W!,"":c%"};;':;?i":J;'!2,-:;2:!';,,0'7'C,,::2;?{ii;i.f'i:;;'"::~,~;ZC.i-"J.;;!:Z,7;:"":);,",~,,!,':i;i\'i;;~~'L,~-,,')';:it.0{5:_l~\~;:;;ri)?~::,;:~'\;;s'?~,!,\,;,'%\~:"n",i,;;~:,~' '~:.l, "',r;';;":i<~)';::;.c"'Z'~:,,}~.D;,,,',' ..";:,t::.,,,,:c:,,/<,!,,,, i;:C::,~';,',,,,,,<,':';;' ':::'";;;'~~~);;");:;1.";;{;j;:f,,,,,,n\\',::',,~<z;'; January 9, 2004 Bothell Historical Museum ATTN: Sue Kienast PO Box 313 Bothell, WA 98041 Dear Sue: Please find enclosed the fully executed lease agreement between the City of Bothell and the Bothell Historical Society for your records, rfyou have any questions or concerns, please feel free to contact me, Thank you sincerely, !j p ~/ / j.' '7..A ~~.oJ.!!i.-~ C 'L-_; (I Sandra Lewis Senior Office Specialist City Clerk Division City of Both ell . - Enclosure -~. 'f",- cc: Pat Parkhurst, Public Works Professionalism' Respect. Innovation' Dependability' Employee Accountability -~.~--""""~--~-'------'~"~"~~"'-"-"-'"""'''''''~~'-------^~'-~.._._...,--""~...~-.,.^~--,_,,~.~_~___.~_.__...'~_._._..,~__,..M___'''~'_'_.'''''__~'_~~_~'_'____~N_'_'_ City Administration 18305 101" Avenue NE Bothell, WA 98011 (425) 486-3256 Fax: 486-2434 www.cLbothell.wa.us Community Dev. 8< Public Works 9654 NE 182"' Street Bothell, WA 9B011 (425) 486-8152 Fax: 486-2489 Fire and E.M.5, 10726 Beardslee Boulevard Bothell, WA 98011 (425) 4B6-1678 Fax: 486-4556 Police Municipal Court 18410 101"Avenue NE 10116 NE 183,dStreet Bothell, WA 98011 Bothell, WA 98011 (425) 486-1254 (425) 487-5587 Fax:. 487.0650 Fax: 488-3052 . . City Clerk Division OrigInal ~E PARK AT BOTHELL LANDING HISTORICAL BUlL THIS LEASE, made and entered into by and between the CITY OF BOTHELL, Washington, a Washington municipal corporation, hereinafter referred to as "Lessor", and THE BOTHELL. HISTORICAL MUSEUM SOCIETY, a non-profit Washington corporation, hereinafter referred to as "Lessee", WITNES SETH: DESCRIPTION: The Lessor, for and in consideration of the rentals hereinafter provided and the covenants and agreements hereinafter contained, hereby leases the following premises: 1. The structures known as the Bothell's First Schoolhouse, Beckstrom Log Cabin and Hannan House located in the City of Bothell, County of King, State of Washington on Lot 11 of Wilson Garden Tracts according to plats recorded in Volume 22 of Plats, page 91, in King County, Washington, Sec, 8, Township 26 N, Range SE W,M, 2. LENGTH OF TERM AND RENT: To have and to hold the premises for a term often years beginning January 1, 2004, and ending December 31, 2013, in exchange for the considerations provided in this agreement. 3. TERMINATION AND RENEWAL: The lease shall terminate automatically at the end of the lease term set forth above unless the Lessee delivers written notice of its desire to renew the Lease to Lessor more than thirty (30) days prior to the end of the Lease term. If such notice is given, Lessor shall nevertheless have the option to decline to renew the Lease. If a renewal is consented to it shall be upon such terms and for such duration as the parties shall then agree upon, 4. USE OF PREMISES: The leased premises shall, throughout the entire term of this lease, be occupied and used for BOTHELL HISTORICAL MUSEUM, and for no other purpose. The buildings shall be open to the public, at a minimum, from May to September of each year, 1:00 PM to 4:00 PM Sunday (except holidays), and hours of oper'!tion shall be clearly posted. 5. LIMITATIONS OF LESSOR'S LIABILITY: The lessee shall hold hannless the Lessor and Lessor's agents from all damages of every kind and nature whatsoever that may be claimed or accrue by reason of any accident in or about the leased premises or from the Lessee's use or occupation of the leased premises or from the Lessee's use or occupation of the leased I e e premises and areas adjacent thereto, or caused by the acts or neglect of the Lessee or any agent of the Lessee, The Lessor shall not be liable to the Lessee or to any person for claims arising from any defect in the construction or present condition of the premises, whether known or unknown, or for damages by storms, rain, leakage, earthquake, fire, lightning, hail, landslide or any other defect, casualty or act of God. The Lessee covenants to defend Lessor and Lessor's agents against any further covenants to indemnify Lessor for any damage resulting from said legal action whether by settlement or judgment. It is agreed that neither the Lessor nor the Lessor's agents shall be liable for loss of or damage to any property of the Lessee, 6, DESTRUCTION OF PREMISES: In case the leased premises are destroyed or damaged by fire, earthquake, or other casualty or act of God, then the Lessor may at Lessor's option proceed to rebuild and restore the premises, or such part thereof as may be damaged as aforesaid, provided, that within thirty (30) days after such destruction Lessor shall notify the Lessee in writing of Lessor's intention so to do. If the Lessor shall fail to rebuild and restore the premises, and to notify the Lessee thereof, as aforesaid, then this lease shall, at the expiration of the time for the giving of the notice above referred to, be deemed terminated an at an end, and all rights and liabilities by and between the parties shall thereupon cease. 7. LESSEE'S COVENANT TO REPAIR: The Lessee accepts the premises in their present condition, and hereby covenants and agrees to make all necessary repairs to the interior ofthe premises, including the replacement of broken glass and doors, and agrees to keep all interior plumbing and heating equipment in operating condition, and to take all necessary action to keep plumbing from freezing. The Lessor agrees to perform, upon request of the Lessee, repairs addressed in this covenant on a reimbursement basis. The Lessee agrees to deliver up the premises without notice at the expiration of this lease in as good condition as they are now in, excepting the necessary wear and tear thereof, and further agrees to deliver up all keys belonging to the premises to the Lessor, or the Lessor's agents, at the expiration of this lease, Lessor shall maintain the exterior of the structure, including the roof and foundation. 8. PAYMENT OF UTILITIES: Lessor agrees to pay solid waste, water and sewer service charges. Lessor shall pay charges for monitoring alarms in Beckstrom Log Cabin, Bothell's First School House and the Hannan House. Lessee also agrees to pay for electrical power and phone service to all structures. 2 , . . 9. NOTICE OF NEEDED EXTERIOR REPAIRS: Lessee covenants to give prompt written notice to Lessor of any condition requiring repair or alteration to the exterior of the structure, including the roof, and the foundation of the leased premises. Lessee further agrees to protect water pipes and heating, and Lessor agrees to repair all leaks and damage caused by leaks, Normal wear and tear, repairs to heating, electrical and plumbing units are the responsibility of Lessor. 10. LESSOR'S RIGHT TO REPAIR: Lessor is authorized, upon fifteen (15) days written notice to Lessee, to make repairs Lessee is required to make under the terns of this lease but fails to make, and to charge the cost to Lessee. 11. LESSOR'S RIGHT TO ENTER PREMISES: The Lessor hereby reserves, and the Lessee hereby grants to Lessor or Lessor's agents, the right to enter the leased premises at all times for the purpose of making necessary repairs when the Lessee fails or refuses to make the purpose of making reasonable inspections of the premises to determine the condition of said premises and the extent of Lessee's compliance with the terms of the Lease, but these rights, or the grant of the same, shall not be construed as an agreement on the part of the Lessor to make any repairs of inspections whatsoever, Lessor or Lessor's agents agree not to disturb, move or remove Lessee's displays or artifacts without permission from Lessee, which permission shall not be unreasonably withheld, Lessor further agrees not use any utilities without Lessee's permission. 12, COMPLIANCE WITH APPLICABLE LAWS: Lessee herby covenants to comply at its expense with all federal, state and local laws, ordinances and regulations, including, but not limited to, those relating to fire prevention, abatement of nuisances, and sanitary and safety regulations which govern use or occupation of the leased premises, whether now in force or subsequently enacted, and to indemnify Lessor for all damage caused by violation thereof. 13. INSURANCE: Lessee herby covenants to maintain in full force and effect at all times throughout the term of the lease, insurance coverage on the leased premises, primary to all other coverage available to the Lessor, insuring against risks of public liability and bodily injury in a minimum amount of ONE MILLION DOLLARS ($1,000,000) and property damage in a minimum of ONE HUNDRED THOUSAND DOLLARS ($100,000) payable to the Lessor as its interest may appear. It is agreed that Lessee's policy of insurance shall provide that said policy shall not be canceled nor the coverage provided hereunder reduced 3 . e without at least thirty (30) days prior notice to the City of BothelL It is agreed that the Lessee's policy shall provide that the insurer waive all rights of subrogation against the City of Bothell, its agents or employees. A copy of each insurance policy will be filed with the Lessor's Clerk within 30 days subsequent to commencement of the term of the lease, The Bothell City Attorney shall review the amount of insurance coverage annually and make appropriate recommendations. 14, PHYSICAL ALTERATIONS AND ENCUMBRANCES: Lessee hereby covenants that no remodeling, additions, structural modifications or other physical alterations of the leased premises will be made by it or its agents without prior written approval of the Lessor. All remodeling, additions, structural modifications or other physical altemations to the buildings will be in keeping with the buildings' historical significance and integrity; as determined by the Bothell City Landmark Preservation board and city ordinances. 15. REMOVAL OF FIXTURES UPON APPROVAL OF LESSOR: Upon termination of this lease or any extension or renewal thereof, all machinery, apparatus equipment or other thing, except personal property, installed by Lessee or its agents in or upon the lease premises shall become property of the Lessor, provided, that upon written notice to the Lessor thirty (30) days or more prior to termination of the lease advising of Lessee's intent to remove any such thing, and upon written approval obtained from Lessor, Lessee shall have the right to remove from the leased premises all such thing installed by it or its agent not paid for in whole or in a part by Lessor. Lessee hereby covenants that it shall restore and repair any damage to the leased premises caused by the removal of such machinery, apparatus and equipment. 16. EXTERIOR SIGNS AND SYMBOLS: It is understood and agreed that all signs or symbols placed on the exterior of the leased premises by the Lessee shall comply with the City of Bothell regulations and ordinances relating to signs, as they exist now or are hereafter amended. 17, NOTICES: It is agreed that all notices and demands by either Lessor or Lessee shall be given by mail with prepaid postage addressed to Lessor at 18305 101't Ave, NE, Bothell, Washington, 98011 or to the Lessee at PO Box 313, Bothell, Washington, 98041, subject to the right of either the Lessor or Lessee to designate by notice in writing a new address to which said notice or demands must be sent. If mailed, said notice shall be deemed received .4i)~~. ..- - .- thr~e(3) days after mailing, 4 . . 18, LEASE NOT ASSIGNABLE: Lessee covenants not to assign this lease nor sublet the leased premises, or any part thereof, Lessor may withhold approval of any assignment or sublease at Lessor's sole discretion, 19. LESSOR'S REMEDIES UPON DEFAULT: If the Lessee shall fail to keep and perform any of the covenants and agreements herein contained, then the Lessor may cancel this lease upon giving twenty (20) days notice in writing, and reenter the leased premises, In the event of any entry in, or taking possession of, the premises as aforesaid, the Lessor shall have the right, but not the obligation, to remove from the leased premises all personal property located therein and may place the same in storage at a public warehouse at the expense and risk of the owners thereof. Failure to maintain required insurance in effect at all times, shall permit Lessor to terminate the lease immediately upon the giving of written notice to Lessee, 20, WAIVER OF LESSOR'S RIGHTS NOT IMPLIED: Failure of Lessor to insist on the strict performance of the terms, agreements and conditions herein contained, or any of them, shall not constitute or be constructed as a waiver or relinquishment of Lessor's right thereafter to strictly enforce any such term, agreement or condition, but the same shall continue in full force and effect. 21. COVENANTS BINDING ON ASSIGNS: The covenants, conditions and terms of this lease shall be binding upon the respective parties and their approved successors or assigns. CITY OF BOTHELL BOTHELL HISTORICAL MUSEUM SOCIETY ~~~ . Thompson, City r ATTEST: ~~"'-~ -f.J Joanne rudel, City Clerk '- APPROVED AS TO FORM: 5