Loading...
HomeMy WebLinkAbout4647 Contract Number: 4647 Vendor: U�ITEB ASSOCIATION LOCAL 26 BUILDING�ASSOCIATIO� Subj.ect: Lease - 1309 Highland Avenue Department: Parks File Class: bEG 16-3 Begin Date: 09/05/2007 �nd Date� 03/31=/2008 Review Da�te: 02/15/2-0�0 Va�ul-t Date: Ol-/41/2010 Comments: & WEST SOUND PIPE TRADES JATC Lessee responsible for maintenance/janitorial/ insurance/util-ities/stormwater- costs , LEASE This Lease is entered into this S.flt day of ~ ~ ~l..v"" , 2007, between THE CITY OF BREMERTON, a municipal corporation, (her~nafter referred to as "Lessor"), and UNITED ASSOCIATION LOCAL 26 BUILDING ASSOCIATION, a non-profit corporation, and WEST SOUND PIPE TRADES JATC, a non-profit corporation (hereinafter collectively referred to as "Lessee"). 1. PREMISES. Lessor does, by these presence, lease to the Lessee a building and appurtenances ("Improvements") situate upon real property commonly known as 1309 Highland Avenue, Bremerton, Washington and more particularly described in Exhibit A attached hereto and incorporated by reference (hereinafter collectively the "Premises"). 2. TERM. This Lease shall commence on -.9 -~-O,_ ("Commencement Date") and shall end on March 31, 2008 unless otherwise extended or terminated. Lessee may terminate this lease at any time with thirty (30) days prior written notice. 3. CONSIDERATION. In consideration of Lessee's sale of the Premises to Lessor Lessee shall not pay rent during the term hereof, and as further consideration for this Lease, Lessee shall be responsible for payment of all fees relating to maintenance, janitorial service, insurance, utilities and associated storm water costs for the Premises. 4. USE OF PREMISES. Lessee's use and occupancy of the Premises shall be for use of the Premises as needed to conduct the Lessee's corporate activities. No other use shall be allowed without the express written consent of the Lessor. Lessee shall not use said Premises or any part thereof for any illegal purpose. Lessee shall not commit or allow to be committed any waste in or upon the Premises. 5. UTILITIES. Lessee agrees to provide and pay all charges for heat, electricity, gas, water, sewer and for all other utilities which shall be used in the Premises during the full term of this Lease. 6. ALTERATIONS AND ADDITIONS. Lessee shall not make or allow to be made any alterations, improvements, or changes to or of the Premises or any party thereof without the prior written consent of Lessor, and all improvements, alterations, or changes so made, shall become a part of the lease Premises and shall belong to Lessor upon expiration or sooner termination of this Lease. With respect to such alterations, improvements or changes to the Premises requested by Lessee, Lessor's consent shall not be unreasonably withheld. In the event Lessor consents to the making of any alterations, additions, or improvements to the Premises by Lessee, the same shall be made by Lessee at Lessee's sole cost and expense, the Premises and Lessee's leasehold interest therein shall remain free from any lien of any kind whatsoever, and construction of such alterations, additions or improvements shall be done in compliance with all laws and governmental requirements. 1 7. MAINTENANCE AND REPAIRS. Recognizing that it is the Lessor's intention to demolish the Building on the Premises after the expiration of the term of this lease, Lessee shall provide minimal maintenance to the Building including the maintenance, replacement, and repair of any doors, windows, plumbing, pipes, electrical wiring, and conduits within and serving the Building upon the Premises, it being the intention of Lessor and Lessee that Lessee shall only have the obligation to maintain, replace or repair such plumbing, pipes and electrical wiring as are located within the exterior partition walls of the Premises as necessary to keep the Building habitable for its occupancy. 8. DAMAGE AND RECONSTRUCTION. Should the Premises be damaged during the term of this Lease, Lessee shall immediately notify Lessor. In the event the Premises are damaged as the result of fire or other perils, whether or not covered by fire and extended coverage insurance, then Lessor shall have the option (a) to repair or restore such damage, this Lease continuing in full force and effect, or (b) to give notice to Lessee at any time after such damage, terminating this Lease as of the date specified by Lessor. 9. LIENS. Lessee shall keep the Premises, Lessee's leasehold interest therein and the Building and Land on which the Premises are situated free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. 10. INDEMNIFICATION. Lessee shall indemnify, defend and hold Lessor harmless from all loss damage, liability or expense resulting from any injury to any person or any loss of or damage to any property caused by or resulting from any act or omission of Lessee or any officer, agent, employee, guest, invitee or visitor of Lessee in or about the Premises or the Building, but the foregoing provision shall not be construed to make Lessee responsible for injuries to third parties caused by the negligence of Lessor or any officer, agent, employee, guest, invitee or visitor of Lessor. Lessor shall not be liable for any loss or damage to person or property sustained by Lessee, or other persons, which may be caused by theft or any act of neglect of any Lessee or occupant of the building, or of any other person, or by any other cause, unless caused by the negligence of Lessor or its officers, licensees, agents, employees, guests, invitees or visitors. 11. PERSONAL PROPERTY. Where furnished by or at the expense of Lessee, all movable property, furniture, furnishings and trade fixtures, other than those affixed to the Premises so that they cannot be removed without material damage, shall remain the property of and be removable by Lessee. Lessee shall payor cause to be paid before delinquency any and all taxes levied or assessed and which become payable during the term hereof upon all Lessee's Lessee Improvements, equipment, furniture, fixtures, and other personal property located in the Premises 12. ENTRY BY LESSOR. At any and all reasonable times during regular business hours, upon one (1) day's prior notice to Lessee, Lessor reserves and shall have the right to enter the Premises to inspect the same a reasonable number oftimes, to submit the Premises to prospective purchasers or Lessees, to repair the Premises and any portion of the Building that Lessor may deem necessary or desirable and may for the purpose erect scaffolding and other 2 necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby and further providing that the business of Lessee shall not be interfered with unreasonably. Lessee hereby waives any claim for damages or for any injury or inconvenience to or interference with Lessee's business or any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, if Lessor shall have taken every reasonable measure to avoid any such injury, inconvenience or interference. Lessor shall have the right to use any and all means which Lessor may deem proper to open any doors or otherwise obtain access to the Premises in an emergency, without liability to Lessee except for any failure to exercise due care for Lessee's property, and any entry to the Premises obtained by Lessor by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction of Lessee from the Premises or any portion thereof. 13. ASSIGNMENT AND SUBLETTING. Lessee shall not either voluntarily or by operation of law assign, transfer, mortgage, pledge hypothecate, or encumber this Lease or any interest therein and shall not sublet the Premises or any part thereof or any right or privilege appurLessee thereto or allow any person (the employees, agents, servants, and invitees of Lessee excepted) to occupy or use the Premises or any portion thereof, without the prior written consent of Lessor, which consent by Lessor shall not be unreasonably withheld. Any such assignment or subletting without compliance with the terms ofthis paragraph shall be void and shall, at the option of Lessor, constitute a default under the terms of this Lease. If Lessee is a corporation, any transfer of this Lease from Lessee by merger, consolidation, or liquidation or any change in the ownership or power to vote in the majority of the outstanding voting stock of Lessee shall constitute an assignment for purposes of this paragraph. Consent to one assignment, subletting, occupation, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person. Consent to any such assignment or subletting shall in no way relieve Lessee of any liability under this Lease. 14. LESSEE'S DEFAULT. The occurrence of anyone or more of the following events shall constitute a default and breach of this Lease by Lessee. (a) Abandonment. Lessee vacates or abandons the Premises; (b) Failure to Observe Other Covenants. Lessee fails to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Lessee where such failure shall continue for a period of thirty (30) days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of Lessee's default is such that more than thirty (30) days are reasonably required for such cure, then Lessee shall not be deemed to be in default if Lessee commences such cure within said thirty (30) days and thereafter, diligently prosecutes such cure to completion; 15. REMEDIES ON DEFAULT. (a) Termination and Re-entry. In the event of any default or breach by Lessee, Lessor may, at any time thereafter with or without notice, terminate this Lease by written 3 notice to Lessee and the Lessor shall have the right to enter upon the Premises and re-take possession thereof. (b) Removal of Personal Property. In the event of a retaking of possession of the Premises by Lessor, Lessee shall remove all personal property located thereon and upon failure to do so upon demand of Lessor, Lessor may remove and store the same in any place selected by Lessor, including but not limited to a public warehouse, at the expense and risk of Lessee. If Lessee shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Lessor may sell any or all of such property at a public or private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the payment of the charges for storage, if any, and thirdly to the payment of any other sums of money which may be due from Lessee to Lessor under the terms of this Lease, and the balance, if any, to Lessee. Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully reentering and taking possession of the Premises or lawfully removing and storing the property of Lessee as herein provided and will save Lessor harmless from loss or damages occasioned by Lessor thereby, whether such lawful reentry shall be considered or construed to be a forcible entry. (c) Remedies Cumulative. The remedies hereinafter described shall be cumulative and Lessor shall be entitled to pursue any other remedy now or hereafter available to Lessor under the law or judicial decisions of the State of Washington. 16. EMINENT DOMAIN. If the whole of the Premises (or the whole or part of the Building or Improvements) shall be acquired or condemned by eminent domain for any public or quasi-public use, or if a part ofthe Premises is so taken so that the Premises are rendered unsuitable for the business of Lessee, then the term of this Lease shall terminate as of the date title or possession shall be transferred in such proceeding, whichever shall occur first. Lessor shall have the right to receive the compensation of damages awarded upon either such total or partial taking and Lessee shall have no claim thereto; provided that Lessee may independently pursue an award or compensation to Lessee for the taking of Lessee's personal property or fixtures or for the interruption of or damage to Lessee's business and for any other interest of Lessee. 17. HAZARDOUS SUBSTANCES. Lessee shall not generate, release, spill, store, deposit, transport, or dispose of (collectively "Release") any hazardous substances, sewage, petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, or disease- producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and local laws and regulations ("Hazardous Substances") in, on or about the Premises. Lessee shall indemnify, defend and hold Lessor harmless from any and all claims, liabilities, losses, damages, cleanup costs, response costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to the Release by Lessee, or any of its agents, representatives, or employees, or the presence of such Hazardous Substances in, on or about the Premises occurring at any time after the Commencement Date and arising out of the activities of Lessee, or any of its agents, 4 representatives or employees. The provisions of this paragraph shall survive termination or expiration of this Lease. 18. GENERAL PROVISIONS. Lessor and Lessee agree to the following general provIsIOns: (a) Waiver. No waiver of default by either party of any of the terms, covenants and conditions hereof to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed, kept and observed by the other party. . (b) Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor. (c) Paragraph Headings. The paragraph or section headings of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof. (d) Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to bind the heirs, successors, executors, administrators, and assigns of the parties hereto. (e) Recordation. Neither Lessor nor Lessee shall record this Lease, but a short form memorandum hereof may be recorded at the request of Lessor. (1) Quiet Possession. Upon Lessee performing all of the covenants, conditions, and provisions on Lessee's part to be observed and performed hereunder, Lessee shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease. The Premises are leased subject to any and all existing encumbrances, conditions, rights, covenants, easements, restrictions, rights-of-way, and any matters of record, applicable zoning and building laws, and such matters as may be disclosed by inspection or survey. (g) Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. No provision of this Lease may be amended or added to except by agreement in writing signed by the parties hereto or their respective successors in interest. This Lease shall not be effective or binding upon any party until fully executed by both parties hereto. (h) Inability to Perform. The time period within which any party is to fulfill an obligation of such the party under this Lease shall be extended by such time period that any party is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of such party. 5 (i) Severability. Any provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provision shall remain in full force and effect. (j) Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall whenever possible be cumulative with all other remedies at law or in equity. (k) Choice of Law. This Lease shall be construed under all of the applicable laws, statutes, ordinances, rules and regulations of the United States, the State of Washington, County of Kitsap, and the City of Bremerton. In the case of a dispute between the parties, venue over such dispute shall be with the Superior Court of Kit sap County, Washington. (I) Execution. This Lease may be executed in several counterparts, each of which shall be deemed an original instrument. (m) Notices. All notices to be given hereunder shall be in writing and shall be personally delivered and receipt acknowledged, sent by United States certified mail, return receipt requested, sent by facsimile, with original delivered within three (3) days, or sent by overnight delivery through public or private service, delivery charge prepaid, and addressed to the party at the respective mailing address as herein set forth. To Lessor: Director of Parks and Recreation City of Bremerton 345 6th Street, Suite 600 Bremerton, W A 98337 To Lessee: Mike Murphy, Assistant Manager Plumbers & Steamfitters Local 26 of Western Washington 1309 Highland Avenue Bremerton, W A 98337 West Sound Pipe Trades JATC It is understood that each party may change the address to which notice may be sent by giving a written notice of such change to the other party hereto in the manner herein provided. (n) Lessee's Corporate Authority. Lessee is a Washington non-profit corporation, and each individual executing this Lease on behalf of said non-profit corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with a duly adopted resolution of the board of directors of said corporation or in accordance with the bylaws of said corporation, and that this Lease is 6 binding upon said non-profit corporation in accordance with its terms. Lessee further represents and warrants that it is fully registered and qualified to do business in the State of Washington. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. LESSOR CITY OFBRE~ B~:m Its: Mayor ~ LESSEE UNITED ASSOCIATION LOCAL 26 BUILDING ASSOCIATION ~:b W~ ~;: ~:~f ~e-~+-J~LI~ WEST SOUND PIPE TRADES JATC uJ~.-1- /3uMLdt -tf~Y: -n. f.JJ N& CMeDlNkWIZ- '-1ts: lNeNP V L.. But:JJ/E.(7 Notaries on next page 7 STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Cary Bozeman is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. DATED: \JIlt fma r~JN NOTARY ~~I~i~:e tt\:/tate of Washington, esiding at A q ~~"3 , y commission expire~ M~I I ~ COUNTY OF KITSAP ) I certify that I know or have satis~~y}~Yi9~~ce that ~ i D b 1 Il;,J, II s is the person who~peared before ~e, and S~lP~~.~~edged that he/she si~ed this i~strum~nt, on oath stated that~he was authonzed to e~~c&f~~~~~llld acknowledged It as the Pre$J(Jp~ fof United Association Local 26 Buildi~ A~~~~~..tti\l:-ee and voluntary act of such Corporation for the uses and purposes mentioned in~he instru~nt. y w,: ~ ~ (I) ~ A .~ CI) : ~ '::. ~ '. ~ (/SlIC : ~ DATED.q/1 .....Y...O n. ..~~ . -? -0 ~~""" 2-0~."" 0""' , '"':.. O,.c- ......... (:)." ---__ WAS\-\\~ ", ~. ................../ em OTARYPUB residing at . My commission expires :21;)./ ;;2oc:lf STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that u.r N is the person who a~red before me, and said person acknowledged that hel e signed this ins~_I?en;. on pJlth /-or stated that h~as authorized to execute the instrument, and acknowledged it as the-r,all/l~j(Potdbfl West Sound PIpe Trades J A TC to be the free and voluntary act of such Corporation for the uses and purposes mentioned in the instru~fl1~<{"'t~'~_ ",(}~ ........... ~ DATED:1 ~ ~\ .....~SSIOIVi:..... tP,\ - - 0 ~- .. O~"\OT.d^ ~'. ~ ... S : (J \' rv-rL. ~.. ~ ~: r m: ~. ....... (I) : ~ <1 \. tlJSlIC"" :Not Y PUBLI in an for the tate of Washington, ... -r. 02 0";1 .' :~~, ~~""" - ..... ,,~~~lling at _ . '"':...---3! WAS~\~~/M'y commiSSIOn expires:ZP-I ;2,~df -'///////IJJ 8 EXHIBIT A LEGAL DESCRIPTION All that portion of Block 4, Bayview Addition to the Town ofBremerton, according to Plat recorded in Volume 2 of Plats, Page 58, in Kitsap County, Washington, described as follows: Beginning at the Southeast comer of said Block 4; thence due West along the North margin of Mill Street, a distance of79.l5 feet; thence North 23005' 15" West a distance of120.12 feet; thence North 52058' 15" East along a woven steel fence a distance of 40.24 feet to appoint on the Southwesterly margin of Highland Avenue, as established by order of vacation of the City ofBremerton, Ordinance No. 146, dated October 20, 1905, recorded in Book 45 at Page 460, thence South 23000' East along said margin of Highland Avenue, a distance of 31.54 feet; thence South 37049' East along the Southwesterly margin of Highland Avenue, a distance of 133.53 feet to the point of beginning. R:\Legal\Legal\Files\Current Active Files\Plumbers Union Property Purchase\Building Lease.doc 9