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.
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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
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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
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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,
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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.
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(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
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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
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WEST SOUND PIPE TRADES JATC
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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) : ~
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DATED.q/1 .....Y...O n. ..~~
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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~'~_
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DATED:1 ~ ~\ .....~SSIOIVi:..... tP,\
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~ <1 \. tlJSlIC"" :Not Y PUBLI in an for the tate of Washington,
... -r. 02 0";1 .' :~~,
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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.
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