TRAIL Contract 8044 THIS IS a TRAIL LEASE
Total Page:16
File Type:pdf, Size:1020Kb
Contract 8044 ...... ·• TR-01-13382 IC: 1-17-10997 Overlake Transit Center Pedestrian Bridge T R A I L L E A S E THIS IS A TRAIL LEASE (Lease) made and entered into by and between the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION hereinafter called (WSDOT), and the CITY OF REDMOND, a Washington State municipal corporation, hereinafter called the (TENANT); WHEREAS, the land and premises to be leased are not presently needed exclusively for highway purposes; AND WHEREAS, TENANT desires to operate and maintain a trail segment under this Lease as part of the TENANT's local comprehensive trail plan and/or a state or federal comprehensive trail plan as an interim use until the land and premises to be leased are needed for a highway purpose; AND WHEREAS, WSDOT is granted authority to lease property under RCW 47.12.120, and, WSDOT deems it to be in the best public interest to enter into this Lease, AND WHEREAS, TENANT, the Central Puget Sound Regional Transit Authority (Sound Transit), and the Microsoft Corporation entered into an agreement in February 2014, as shown in Exhibit A, where Sound Transit will construct a trail and pedestrian bridge with appurtenances (Trail Facility) on behalf of TENANT in the airspace over SR 520 pursuant to a WSDOT-issued tempo,:ary construction airspace lease. It is the intent of TENANT and Sound Transit for Sound Transit \o convey ownership of the Trail Facility to TENANT upon TENANT's acceptance of the Trail Facility work. Once accepted, TENANT shall be the owner of and have the sole responsibility to operate and maintain the Trail Facility pursuant to the terms of this Lease, NOW, THEREFORE, pursuant to RCW 47.12.120, the above recitals that are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, covenants and perfomrnnces contained herein and Exhibits A, B, and C, which arc altached hereto and incorporated herein, IT IS MUTUALLY AGREED AS FOLLOWS: I. PREMISES. A. WSDOT leases to TENANT, and TENANT hereby leases from WSDOT, the premises (Premises) located in the Northeast Quat1er of the Northwest Quat1er of Section 23, Township 25 North, Range 5 East, W.M., in the city of Redmond and known to be a portion of Page I of 22 TR-01-13382 IC: 1-17-10997 Overlake Transi~ Center Pedestrian Bridge the highway right of way of SR 520, NE 40th St. Interchange, sheet 2 of 5 sheets, approved on November 6, 1998, and as further shown hachured on Exhibit B. B. The Premises is approximately 9,950 square feet. The underside of the pedestrian bridge structure with appurtenances is located above State Route (SR) 520 and shall be no less than 17.50 feet above the paved surface of the underlying SR 520 right of way (NAVO I 988). C. Located on the east side of the Premises is an approximately 300 square foot area, shown cross-hachured on Exhibit B, that crosses over the premises described in lease AA 1-11237/IC 1-17-06184, between WSDOT and Sound Transit, executed on November I, 2005 and later amended with Amendment I effective April I, 2011. WSDOT and Sound Transit shall amend lease AA 1-11237 to limit Sound Transit's premises at this location to a maximum height of 17.50 feet (NA VD 1988) above the ground .. The revised premises shall abut the bottom side of the overhead pedestrian bridge structure, but not include it. This amendment to lease AA 1-11237 shall be executed prior to the conditions of Section 2., below, being completed. Otherwise, this Lease shall be terminated. 2. TERM. The term of this Lease shall COMMENCE ON THE DATE THE TENANT EXECUTES A LETTER OF ACCEPTANCE OF THE TRAIL FACILITY WITH SOUND TRANSIT and THE MICROSOFT CORPORATION (Commencement Date) and shall have a term of twenty (20) years. TENANT's Letter of Acceptance with the documents identified below shall be provided to WSDOT within thirty (30) calendar days after TENANT issues its Letter of Acceptance to Sound Transit. TENANT's Letter of Acceptance with the documents identified below shall be made exhibits to this Lease by amendment executed by WSDOT and the TENANT. WSDOT shall provide the amendment to the TENANT for signing within sixty (60) calendar days after TENANT's Letter of Acceptance with the identified documents all have been submitted to WSDOT. TENANT's Letter of Acceptance shall include the documents following: A. A recorded easement from each abutting property owner where the Trail Facility leaves the Premises, conveying unrestricted ingress, egress and use of the Trail Facility to the public over the abutting property. The easement(s) shall provide a connection from the Premises to another unrestricted public right of way; B. A completed plan change to Exhibit B, showing the Trail Facility's centerline relative to SR 520's centerline and all access breaks where the Trail Facility breaks SR 520's limited access; and Page 2 of 22 TR-01-13382 lC: 1-17-10997 Over!ake Transit Center Pedestrian Bridge C. A complete set of final dimensioned As-Built scale drawings showing at least the information following: (i) the exact Premises and all of the Trail Facility's components including but not limited to landscaping, lighting and drainage; (ii) plan ties to beginning and end of Trail Facility; (iii) pedestrian bridge profile, showing vetiical distance from the underside of the pedestrian bridge to the paved surface of the SR 520 right of way; and (iv) such other infonnation as WSDOT may request. Acceptability of the As-Built drawings shall be determined solely by WSDOT. The current As-Built sheet is shown as Exhibit C. The parties agree to amend the current Exhibit C by replacing it with the final dimensioned As-Built drawings by amending the Lease pursuant to Section 28. 3. RENEW AL. Upon expiration of the initial term, this Lease may be renewed by the TENANT for two (2) additional ten (10) year periods, (Renewal Period), at the discretion of WSDOT; provided that, (A.) TENANT is not in default and has not been in default during the term of this Lease; (B.) the Premises is not needed for a priority transportation purpose, as detetmined by WSDOT; (C.) TENANT's continued use under this Lease docs not impair the safety or operation of WSDOT's highway or facility, as solely dete1mined by WSDOT; and (D.) the terms and conditions of this Lease conform to then-existing state policies or practices, laws, regulations and contracts, or provided, TENANT is willing to amend this Lease to bring it into compliance with such policies, practices, laws, regulations, and contracts. The Renewal Period shall be on the same terms and conditions as set forth herein, except as modified by any changes in policies, practices, laws, regulations or contracts and as reflected in a written amendment signed by both parties. TENANT shall give written notice of its intent to renew this Lease for the Renewal Period(s) not less than ninety (90) calendar days, but not more than six (6) months, prior to the expiration of the Lease, or any extension thereof. 4. CONS ID ERA TION. In lieu of paying economic rent for the Premises, TENANT agrees to provide other specific consideration which is deemed to be a highway benefit. The consideration is the separation of motor vehicle traffic from pedestrians or cyclists which will materially increase motor vehicle safety and increase efficiency of the surrounding city streets. A large number of people work in this area and often need access over, or travel regularly between, both sides of SR 520. The nearest overcrossing with pedestrian access is the heavily congested NE 40 th Street bridge interchange. Due to the large volumes of pedestrians and motor vehicles using this area, conflict between the two is common. In addition, the etriciency of the on/off ramps to SR 520 and surrounding city streets is decreased. This pedestrian bridge and Trail Facility will provide an alternative for pedestrians who need to cross -SR 520, thereby materially increasing the safety of the motoring public and roadway efficiency of SR 520 and smrn,mding city streets. Page 3 of22 TR-01-13382 IC: 1-17-10997 Overlake Transit Center Pedestrian Bridge 5. TERMINATION BY WSDOT. A. WSDOT may terminate this Lease. without penalty or further liability, as follows: (I) Immediately, upon the unauthorized assignment of this Lease by TENANT; (2) Upon not less than thirty (30) calendar days prior written notice, if TENANT fails to provide all documents required under Section 2.; (3) Upon not less than thirty (30) calendar days prior written notice, if TENANT defaults on any provision in this Lease and is notified by WSDOT of the default two (2) times within a six (6) month period, The third default shall be deemed "non-curable;" (4) Upon not less than thirty (30) calendar days prior written notice to TENANT, if TENANT defaults, and fails to cure such default within that thirty (30) calendar day period, or such longer period, as may be reasonably determined by WSDOT, if TENANT is diligently working to cure the default Waiver or acceptance of any default of the terms of this Lease by WSDOT shall not operate as a release of TENANT's responsibilities for any prior or subsequent default (5) Immediately, if TENANT's insurance coverage as required herein lapses for any reason, In such event, WSDOT may, at its option, barricade access to the Premises at TEN ANT' s cost TEN ANT agrees to reimburse WS DOT for the actual direct and related costs of the work pursuant to Section 22; (6) Immediately, upon issuance of any court order, legislative action, or goverrnnental agency action having jurisdiction to take such action, which would significantly