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NWS HOLDINGS LLC 12/30/2024
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NWS HOLDINGS LLC 12/30/2024
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Entry Properties
Last modified
1/17/2025 12:10:12 PM
Creation date
1/17/2025 12:09:21 PM
Metadata
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Template:
Contracts
Contractor's Name
NWS HOLDINGS LLC
Approval Date
12/30/2024
End Date
12/31/2035
Department
Parks & Community Services
Department Project Manager
Kimberly Moore
Subject / Project Title
RFP 2023-126 KASCH PARK BASEBALL FIELD AGREEMENT
Tracking Number
0004664
Total Compensation
$747,820.68
Contract Type
Agreement
Contract Subtype
Other Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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(b) Leasehold Excise Tax. NWS shall pay the City, all leasehold excise tax, as required <br /> by RCW 82.29A or successor statute, in lieu of real property taxes, and any taxes <br /> levied or assessed in lieu of the foregoing, in whole or in part (collectively, <br /> "leasehold excise tax"). Leasehold excise tax is calculated by the State of <br /> Washington using a percentage multiplier of either payment required under this <br /> Agreement or an imputed fair market value, and as a result, NWS shall be <br /> responsible for any increases in leasehold excise tax that result from an increase <br /> in monthly fees for the Ballfield Property or otherwise over the term of the <br /> Agreement, or for the increases due to an increase in the statutory rate during the <br /> term of this Agreement. If NWS provides the City with a proof of exemption from <br /> payment of leasehold excise tax issued by the Washington State Department of <br /> Revenue,then NWS shall not be required to pay leasehold excise tax for the period <br /> that such exemption is effective. If the exemption is of limited duration, NWS shall <br /> be required to obtain documented renewal of such exemption and provide such <br /> to the City in order to claim continued exemption under this Agreement. <br /> 4. TERM. The Term of this Agreement is from the Beginning Date to the End Date as set <br /> forth in the Basic Provisions, unless terminated earlier as set forth in this Agreement. The <br /> Term may be extended as set forth in Exhibit D attached hereto. <br /> 5. TERMINATION. <br /> (a) The City may terminate this Agreement after NWS Event(s) of Default in <br /> circumstances as set forth in Section 15. This right is in addition to any other rights <br /> at law or in equity. <br /> (b) The City may terminate this Agreement at any time for public convenience during <br /> the initial Term or any Extension Term effective upon at least six months prior <br /> written notice to NWS, with the City paying NWS the Convenience Termination <br /> Payment (defined below) as set forth in Exhibit C (or Exhibit D, as applicable). The <br /> Convenience Termination Payment is complete compensation to NWS for the <br /> City's termination of this Agreement for convenience. <br /> (c) NWS may provide final notice of uncured default after City Event(s) of Default in <br /> accordance with Section 16 below. If after such notice City Event(s) of Default are <br /> not cured and certain payments made to NWS as required in Section 16, then the <br /> City will be deemed for all purposes to have elected to terminate this Agreement <br /> for convenience,with the City paying NWS the Convenience Termination Payment <br /> as set forth in Exhibit C (or Exhibit D, as applicable). The Convenience Termination <br /> Payment is complete compensation to NWS for any and all previous City <br /> noncompliance with the Agreement up to the Agreement termination date and <br /> for the City's termination of the Agreement for convenience. <br /> 6. COMPLIANCE WITH LAW. NWS shall not do anything or permit anything to be done in or <br /> about the Ballfield Property which will in any way violate or conflict with any applicable <br /> federal, state or local law. This includes without limitation NWS compliance with chapter <br /> 39.12 RCW (Prevailing Wages) as applicable. Unless otherwise provided in this <br /> 4 <br />
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