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HomeMy WebLinkAbout5309� Contract Number 5309 Vendor WESTSOUND FC PREMIER SOCCER CLUB Sub�ect Letter of Agreement for the Lease of Soccer Fields Department File Class Begin Date End Date Parks LEG 12-1 11/6/2013 6/30/2015 Review Date 3/1/2015 Vault Date 2017 Comments Letter of Agreement Between City of Bremerton and West Sound FC Premier Soccer Club for the Lease of Soccer Fields � This letter of Agreement between the City of Bremerton ("City") and West Sound FC Premier Soccer Club ("Lessee") relates to the lease, attached hereto as Exlubit A, of two (2) soccer fields and associated property at Pendergast Park This Letter of Agreement serves the purpose of allowmg Lessee to obtam a commitment from the City to enter mto the attached lease in order to enable procurement of grant and foundation funds by Lessee to make the agreed upon improvements to Pendergast Park It also provides for contmued use of the fields by the Crty until such rime as the Lease is executed and construction is immment By this Letter of Agreement, the parties stipulate that they will not execute the lease agreement unhl such hme as Lessee has accumulated the financial and in-kind resources necessary to begm construction of the artificial turf improvements to the two (2) soccer fields This Letter of Agreement will expire on June 30, 2015 If the lease is not executed by said date, any and ali nghts to the lease by Lessee shall exp�re Durmg the mterim penod, pnor to full execution of the attached lease, the City w211 contmue to have ful] nght to use, mamtam, and schedule the soccer fields Lessee shall have no nght or interest in the fields until the Lease is fully executed ; This Letter of Agreement and attached lease are sub�ect to approval of the Crty�,Council pnor to execution of tlus letter Approved by City Council U1���1'f �(p , 2013 CLUB AP AS TO FORM Roger A Lubovich, y R U.egal\Legal�Files\Current Achve Files�Pendergast Park\WestSound FC Premier Soccer Club Lease\Letter of Agreement - WestSound FC Prem�er Soccer Lease docx CITY OF BREMERTON WESTSOUND FC PREMIER SOCCER �X�IBIT A PENDERGAST SOCCER FIELD LEASE THIS LEASE AGREEMENT (heremafter "Lease") is between the CITY OF BREMERTON, a municipal corporation of the State of Waslungton, with offices located at 345 6th Street, Suite 600, Bremerton, Waslungton 98337 (heremafter "City"), and WESTSOUND FC PREMIER SOCCER CLUB, a non-profit corporahon, (heremafter "Lessee") 1 PItOPERTY. 1 1 Propertv Defined The City leases to Lessee and Lessee leases from the City the real property consistmg of 5 93 acres encompassmg 2 fields and buffer area described m Exhibit A, attached hereto and mcorporated herem by tlus reference, together with all the nghts of the City, if any, to improvements on and easements benefihng the property but sub�ect to the exceptions and restnchons set forth m this Lease (collectively the "Property" or "Leased Properiy") 1 2 Survev, Maps, and Plans Lessee is not rel}nng upon and the Crty is not makuig any representahons about any survey, plat, diagram, and/or legal descnption provided by the Crty 1 3 Acceptance of Property The City makes no representation regardmg the condition of the Property, or the improvements located on the Property Lessee has exammed the Property and accepts it m its present condition 2 USE 2 1 Permitted Use The Property shall be used for soccer or compatible sports, practice, games, and tournaments, and for concessions to service the aforementioned uses (the "Permitted Use") and for no other busmess or purpose, without the pnor wntten consent of the City The Property shall not be used for illegal purposes It is agreed that tlus lease shall not be construed as the City's waiver of land use or buildmg code provisions that would otherwise apply to any improvements or uses of the site The Lessee is responsible for scheduling the Property mcluding fields and lightmg It is understood by the parties that the Lessee will work cooperatively with the City to establish guidelmes outlinmg field use pnonty for school teams, current users of the Pendergast soccer fields, Bremerton based orgaruzations, etc Lessee shall be entitled to revenue denved from field and light rental and concession proceeds, with the exception of the considerahon to the City Lessee shall allow for commuruty access for use of the Property by non-members at reasonable hmes and rates not to exceed averages for similar artificial turfed soccer facilities in the Kitsap-Pierce County area Schedulmg pnonty for non-member usage will be m the following order 1) Bremerton based youth recreational soccer, 2) Youth recreational soccer, 3) Adult recreational soccer, 4) School and collegiate soccer, 5) Other recreahonal sports as appropnate for artificial turf play, and 6) Professional and semi-professional soccer and field sports 1 Pendergast Soccer Fteld Lease �XHI�IT A 2 2 Parkmg Lot Along with use of the Property, Lessee shall be entitled to the non- exclusive use of the lighted parlang area so descnbed m Eachibit B, attached hereto and mcorporated by tlus reference herein 2 3 Conformance with Laws Lessee shall, at all times, keep current and comply with all condihons and terms of any permits, licenses, certificates, regulations, ordmances, statutes, and other government rules and regulations regardmg its use or occupancy of the Property 2 4 Liens and Encumbrances Lessee shall keep the Property free and clear of any liens and encumbrances arismg out of or relahng to its use or occupancy of the Property At the City's request, Lessee shall furivsh the City wrth wntten proof of payment or any rtem which would or might conshtute the basis for such a lien on the leased Property if not paid 2 5 Use Restnctions T'he Lessee shall not carry on upon the demised Property, any trade or activity, wluch would constitute a nuisance or hazard to the public, and shall not substantially deviate from its announced and ongmal use of the property, without consultation and consent from the City 2 6 Alcohol No alcohol is to be served or consumed on the leased Property unless authonzed by BMC 13 04 140 3 TERM. 3 1 Term The term of this Lease is fifteen (15) years (the "mrtial term"), begmmng on the day of , 20 (the "commencement date"), and endmg on the day of , 20_ (the "terminahon date"), unless terminated sooner under the terms of this Lease 3 2 Extension of Term Pnor to the expiration of the Imtial term of tlus lease, Lessee may request to extend the term of tlus lease in the event Lessee desires to replace the artificial turf on the play fields m order to amortize the cost A request to extend the term of the lease must be made prior to mstallation of the artificial turf Any extension is sub�ect to mutual agreement of the parties regazdmg the lease payment and other terms and condihons and is further sub�ect to City Council approval There is no guarantee of an extension of the term of this lease beyond the mrtial term 3 3 End of Term Upon the expirahon or terminahon of the term of this lease, as applicable, Lessee shall surrender the Property to the City m the same or better condition as existed on the commencement date, reasonable wear and tear excepted 3 5 Hold Over If Lessee remams m possession of the Property after the termmahon date, the occupancy shall not constitute an extension or renewal of the term The occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party on tlurty (30) days written notice The monthly rent durmg the holdover shall be the same rent which would be due if the Lease were still in effect and all ad�ustments in rent were made m accordance with its terms If the City provides a nohce to vacate the Property m anhcipahon of the termination of tlus Lease or at any hme after the termmation date and Lessee fails to do so withm the time set forth m the nohce, then Lessee shall be a trespasser and shall owe the City all amounts due under applicable law 2 Pendergast Soccer Field Lease EXHISIT � 4 CONSIDERATION 4 1 Lease Pavment Dunng the Irutial Term of tlus lease, Lessee shall pay to the City a monthly lease payment of rune hundred runeteen dollars and 75/100 ($919 75) based on the factors as set forth m Exhibrt C, attached hereto and mcorporated by th�s reference herem ("lease payment") The first mstallment shall be due and payable on or before the commencement date, and subsequent mstallments shall be due and payable on or before the same day of each month thereafter Lessee shall also pay Leasehold Excise Tax set forth in Sechon 4 2 below The lease payment shall be ad�usted by the Consumer Pnce Index (CPI) as set forth in Section 4 3 below 4 2 Leasehold Tax Lessee agrees to pay the leasehold excise tax on the lease payment pursuant to Chapter 82 29A RCW currently m the amount of 12 84 percent and as may be ad�usted pursuant to Ch 82 29A RCW 4 3 Consumer Pnce Index (CPI) Ad�ustment The lease payment will be ad�usted by the Consumer Pnce Index (CPI) for All Urban Consumers (CPI-U) as published by the Uruted States Department of Labor for Seattle-Tacoma-Bremerton For purposes of the CPI ad�ustment, the base shall be the June 2012 CPI mdex The CPI ad�ushnent shall occur on the followmg January 1 St of each year dunng the term of this Agreement In no mstance shall the ad�ustment be negative In addition, Lessee agrees to pay when due, the leasehold excise tax, or any additional assessments thereto, with respect to any payment or obligation hereunder, which is deemed by the State of Washmgton to be taxable rent under said chapter and to mdemmfy and hold the Lessor harmless from the same 4 4 Pa ent Lessee shall pay quarterly to the City by the fifteenth day of the month following the end of each quarter, or as otherwise required by the State of Waslungton, the amount of the leasehold tax owmg Lessee may prepay these quarterly payments on a semi- annual or annual basis or as otherwise approved by the City 4 5 Payrnent Place Payment is to be made to the City of Bremerton, Attn Department of Fmancial Services, 345 6�' Street, Suite 600, Bremerton, Waslungton 98337 5 UTILITIES MAINTENANCE AND TAXES. Dunng the Term, Lessee shall pay the followmg additional expenses 5 1 Utilihes Lessee shall pay all fees charged for utihties m connection wrth the use and occupancy of the Property, mcluding but not limited to electricity, stormwater, water, gas, and telephone service In addition, Lessee shall pay Crty the followmg Soccer field lightmg controller Lightmg mamtenance (parkmg lot) Parking lot maintenance & repair $500 per year $1,000 per year $1,000 per year These annual expenses to the City shall be made m equal monthly payments in con�unction with the lease payment These payments shall be ad�usted by the Consumer Pnce Index (CPI) as set forth m Section 4 3 above 5 2 T�es Lessee shall be liable for, and shall pay, throughout the term of this lease before delmquency, all license and excise fees and occupation taxes covenng the busmess conducted on the Property and taxes that may be on leasehold improvements created under this lease agreement 3 Pendergast Soccer Field Lease ��I�IBIT A 5 3 Proof of Pavment Lessee shall, if required by the City, furnish to the City receipts or other appropnate evidence establishmg the payrnent of any amounts requ�red to be paid under the terms of tlus Lease 5 5 Failure to Pav If Lessee fails to pay any of the amounts due under tlus Lease, the City may pay the amount due, and recover its cost in accordance with the provisions of Section 6, unless Lessee has contested any amount due pursuant to Section 5 3 above 6 LATE PAYMENTS AND OTHER CIiARGES 6 1 Late Char�e If any rental payrnent is not received by the City witlun ten (10) days of the date due, Lessee shall pay to the City a late charge equal to four percent (4%) of the amount of the lease payment due to defray the overhead expenses of the City mcident to the delay 6 2 Interest Penaltv for Past Due Lease Pavments and Other Sums Owed if a Lease Payment is not paid withm thirty (30) days of the date due, then Lessee shall, in addition to paymg the late charges determmed under Subsection 6 1, above, pay mterest on the amount outstandmg at the rate of one percent (1 %) per month until paid if the City pays or advances any amounts for or on behalf of Lessee, mcludmg but not limited to leasehold taxes, taxes, assessments, msurance premiums, costs of removal and disposal of unauthonzed matenals, costs of removal and disposal of improvements pursuant to Sechon 7 below, or other amounts not paid when due, Lessee shall reimburse the City for the amount paid or advanced and shall pay mterest on that amount at the rate of one percent (1 %) per month from the date the Crty notifies Lessee of the payment or advance unless Lessee has contested any amount due pursuant to Sechon 5 3 above 6 3 No Counterclaim, Setoff, or Abatement of Rent Except as expressly set forth elsewhere m tlus Lease, rent and all other sums payable by Lessee pursuant to tlus Lease shall be paid without the requirement that the City provide pnor notice or demand, and shall not be sub�ect to any counterclaim, setoff, deduction, defense or abatement 7 IMPROVEMENTS 7 1 Lessee-Owned Improvements - Ownerslu� So long as this Lease remams m effect, Lessee shall retain ownership of all authonzed unprovements and trade fixtures it may place on the Property (collectively "Lessee-Owned Improvements") Lessee-Owned Improvements shall not mclude any construction, reconstruction, alterahon, or addrtion to the Property by the City (City-Owned Improvements) or any Unauthonzed Improvements as defined m Subsection 7 6 below No Lessee-Owned Improvements shall be placed on the Property without the City's pnor written consent All Lessee-Owned Improvements upon the Property will revert to the ownership of the City, without payment by the City, at the expiration of the lease or its earlier termination However, if the City termmates the lease without cause pnor to the expiration of the Imtial Term, Lessee will be entitled to a payment equal to the depreciated value of the Lessee-Owned Improvements with the parties agreemg that all such improvements, mcludmg the artificial turf, have a 15 (fifteen) year hfe expectancy 7 2 Soccer Fields Lessee agrees to make capital improvements to (2) soccer fields by upgradmg sand fields to artificial turf fields Plans for permanent improvements shall be approved m wntmg by the City m advance 4 Pendergast Saccer Field Lease EXI-�IBIT �. 7 3 Restrooms The parties agree that permanent restroom facilihes m proxunrty to the soccer fields are needed and agree to work cooperahvely toward the development of restrooms In the mterim the Lessee shall be responsible for the provision of portable chemical toilets as needed to meet public health requ�rements and user convemence And the City shall contmue to mamtam the pit toilet located at the parkmg area until this toilet is no longer needed 7 4 S� No signs or other advertising matenal shall be attached to or pamted on or witlun the leased Property without the approval of the City, except warnmg signs, advertismg on penmeter fencmg, facihty rules and regulations, signs identifymg the name of the Property and facilities at the Property At the termination, or sooner expiration of tlus lease, all such signs or advertismg material attached to or painted by the Lessee shall be removed by Lessee at its own expense, and Lessee shall repair any damage or m�ury to the Property, and correct any unsightly condirion, caused by mamtenance and removal of said signs 7 5 Construchon Lessee is responsible for permittmg, design, construchon and mamtenance of improvements Pnor to Lessee commencing any construchon, alterahon, replacement, removal or maJor repair of any improvements (whether City-Owned or Lessee- Owned), Lessee shall submit to the Crty plans and specifications wluch describe the proposed activity Construchon shall not commence unhl the City Director of Parks and Recreation Deparhnent or the Director of Community Development, as applicable, for permittmg purposes, or their designee) has approved those plans and specifications m writmg The City shall have thirty (30) days m which to review the proposed plans and specifications The plans and specifications shall be deemed approved and the requirement for the City's written consent shall be treated as waived, unless the City notifies Lessee otherwise withm the tlurty (30) days Upon complehon of construchon, Lessee shall promptly provide the City with as-built plans and specifications The Crty's consent and approval shall not be required for any rouhne mamtenance or repair of improvements made by the Lessee pursuant to its obligation to mamtam the Property m good order and repair that does not result m the construction, alterahon, replacement, removal, or ma�or repair of any improvements on the Property The provisions of this section do not obviate any permit requirements that may apply to the proposed achvity 7 6 Unauthonzed Improvements Improvements made on the Property without the City's pnor consent pursuant to Subsechon 7 4 or which are not in conformance with the plans submitted to and approved by the City ("Unauthonzed Improvements") shall immediately become the property of the City, unless the City elects otherwise Regardless of ownership of Unauthonzed Improvements, the City may, at its option, require Lessee to sever, remove, and dispose of them, charge Lessee rent for the use of them, or both If Lessee fails to remove an Unauthonzed Improvement upon request, the City may remove it and charge Lessee for the cost of removal and disposal 8 HAZARDOUS SUBSTANCES — INDEMNITY 8 1 Lessee shall mdemmfy and hold harmless the City from and agamst any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses which accrue to or are mcurred by the City which anse directly or mdirectly from the discovery or cleanup of hazardous substances from the Property which are deposited on the Property dunng the term of this Lease City shall mdemmfy and hold harmless the Lessee from and agamst any and all claims, demands, damages, losses, liens, liabilities, penalhes, fines, lawsuits, and costs and expenses wluch involve the placement of hazardous sub upon the 5 Pendergast Soccer Field Lease EXI�IBIT A. Property pnor to or after the termmation or exp�rahon of this lease The provisions of tlus section shall survive the termmation or expirarion of this Lease 8 2 Hazazdous substance shall mean any waste or material defined or designated as hazardous, toxic or dangerous by any federal, state or local statute, regulation or ordmance presently m effect or adopted durmg the term of this Lease 9. ASSIGNMENT AND SUBLETTING 9 1 Citv Consent Reauired Except for field use rentals and related concession rentals, Lessee shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest m tlus Lease or the Property without the City's pnor wntten consent, wluch may not be unreasonably withheld by the City In the event of such consent, each permitted transferee shall assume all obligations under tlus Lease, includmg the any lease payment No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liabilrty of Lessee 9 2 Lease Pavments Followmg Assignment The acceptance by the City of any lease payment following an assignment or other transfer shall not constitute consent to any assignment or transfer 9 3 Rentin o� f Propertv Lessee has the nght to rent the Property on a per hour basis and retam revenue from such rental Property may not be rented to a third party for other than standard field rental without the advanced wntten approval of the City 10. INDEMNITY 10 1 The City shall not be liable for any m�ury to any person or for any loss of or damage to any property (mcludmg property of Lessee) occumng in or about the leased Property or the buildmgs thereon and caused by or resultmg from any act or omission by Lessee, any officer, agent, employee, guest, mvitee, or visitor of Lessee, and, dunng the full term hereof, Lessee agrees and covenants to mdemmfy, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or agents thereof, agamst and from any loss, damage, costs, charge, expense, liability, claim, demand, or �udgments of whatsoever kmd or nature (includmg attorney's fees and costs) whether to persons or property, to the extent arismg on said Property, m or on said buildmg(s), or on any areas ad�ommg the same, which is under the control or use of Lessee pursuant to tlus Lease and arising out of or in connechon with Lessee's use and occupancy of said Property City agrees and covenants to indemmfy, defend, and hold harmless the Lessee, its officers, employees, and agents thereof, agamst and from any loss, damage, costs, charge, expense, l�abilrty, claim, demand, or�udgment of whatsoever kmd or nature whether to persons or property, ansing out of or in connection with the Crty's neghgence m rts performance under tlus Agreement 10 2 Should a court of competent �unsdiction determme that tlus Lease is sub�ect to RCW 4 24 115, then, m the event of liability for damages arismg out of bodily m�ury to persons or damages to property caused by or resultmg from the concurrent negligence of Lessee and the City, its officers, officials, employees, and volunteers, the Lessee's liability hereunder shall be only to the extent of the Lessee's negligence 10 3 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LESSEE'S WAIVER OF IMMUNITY UNDER 1NDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE 0 Pendergast Soccer Field Lease ��I�[IBIT A PURPOSES OF THIS INDEMNIFICATION Tlus waiver has been mutually negotiated by the parhes The provisions of Section 10 shall survive the expirahon or terminahon of this Lease 11 INSURANCE. 11 1 General Commercial Liabilitv Insurance Lessee agrees to procure and mamtam m force during the term of this Lease and any extension thereof, at its expense, general commercial general liability msurance This insurance shall be adequate to protect agamst habihty for damage claims through public use of or from accidents or other habihty arismg out of Lessee's use or occupancy of the Properiy and buildmgs thereon This msurance shall be in a mirumum amount of $2,000,000 combined smgle limit per occurrence and $4,000,000 aggregate for bodily m�ury, personal m�ury and property damage which may be covered under a blanket policy Lessee agrees that, if such msurance policies are not kept m force dunng the term of tlus Lease and any extension thereof, the Crty may procure the necessary msurance, pay the premium therefor, and that such premium shall be repaid to the Crty on demand The City shall be named as an additional insured as to liability arismg out of the Property and buildings thereon and the msurance of Lessee shall be the pnmary msurance as to said habihty 11 2 Lessee's Pronertv Insurance Lessee shall purchase and mamtam for the term of the lease, property msurance covenng any improvements to the premises for their full replacement value 11 3 Certificate of Insurance Lessee shall provide to the City documentary evidence, certified by the mswer, of all msurance(s) required m tlus Lease 11 4 Subro ation The City shall not be liable to Lessee (by way of subrogation or otherwise) or to any insurance company msuring the other party for any loss or damage to any buildmg, structure, or other tangible property, or any result�ng loss of income, or losses under worker's compensation laws and benefits, if any such loss or damage is covered by msurance benefiting the party suffenng such loss or damage or was required to be covered by msurance pursuant to tlus Lease Lessee shall, upon obtairung the policies of insurance required give notice to the insurance camer or camers that the foregomg mutual waiver of subrogahon is contamed in this Lease 12 MAINTENANCE AND REPAIR. 12 1 The City's Renairs The City shall not be required to make any alterations, mamtenance, replacements, or repairs m, on, or about the Property, or any part thereof, dunng the term 12 2 Lessee's Renairs, Alteration Mamtenance and Replacement (a) Lessee shall, at rts sole cost and expense, keep and mamtam the Property and all improvements (regardless of ownerslup) m good order and repau-, m a clean, attrachve, and safe condrtion (b) Lessee shall, at its sole cost and expense, make any and all addihons, repairs, alterahons, mamtenance, replacements, or changes to the Property or to any improvements on the Property which may be required by any public authonty (c) All additions, repairs, alterations, replacements or changes to the Property and to any improvements on the Property shall be made m accordance with, and ownership shall be governed by, Sechon 7, above 7 Pendergast Soccer Field Lease �XHIB�T A 13. DAMAGE OR DESTRUCTION 13 1 In the event of any damage to or destruchon of the Property or any improvements, Lessee shall promptly give written notice to the City 13 2 In the event fire, storm, earthquake or other cause does damage to the improvements on the demised Property, the Lessee may elect to make such repairs as are necessary to restore improvements to a safe, neat and useable condition Otherwise, the City may elect to terminate this lease by givmg nohce to the Lessee m wrihng if the Property is not restored witlun a reasonable hme after the date of the casualty City will be responsible for repainng City-owned improvements, roads, parlang, and utilities as elsewhere withm the park If the park should be abandoned because of severe damage, then the lease shall be termmated and the Lessee may remove the artificial turf and Lessee's improvements that are not permanently affixed to the Property 13 2 Unless this Lease is termmated, there shall be no abatement or reduction m rent due to any damage or destruction of the Property 14. DEFAULT AND REMEDIES 14 1 Acts Constituhn Default Lessee shall be m default of tlus Lease on the occurrence of any of the followmg (a) Failure to pay Rent or other expenses when due, (b) Failure to comply with any law, regulahon, policy, or order of any lawful governmental authonty, (c) Failure to comply with any other provision of this Lease, (d) Failure to cure a default pursuant to Section 14 2 below, or (e) Proceedmgs are commenced by or against Lessee under any bankruptcy act or for the appomtment of a hustee or receiver of Lessees' property 14 2 Failure to Cure A default shall become an event of default ("Event of Default") if Lessee fails to cure the default witlun tlurty (30) days a$er the City provides Lessee with wntten notice of default, which specifies the nature of the default 14 3 Crtv's Remedies upon Default Upon an Event of Default, the City may terminate tlus Lease and remove Lessee by summary proceedings or otherwise The City may also, without termmatmg this Lease, relet the Property on any terms and conditions as the City in its sole discretion may decide are appropnate If the City elects to relet, rent received by it shall be applied (1) to the payment of any mdebtedness other than rent due from Lessee to the City, (2) to the payment of any cost of such relettmg, (3) to the payment of the cost of any alterahons and repairs to the Property, and, (4) to the payment of rent and leasehold excise tax due and unpaid under this Lease Any balance shall be held by the City and applied to Lessee's future rent as it becomes due Lessee shall be responsible for any deficiency created by the relettmg dunng any month and shall pay the deficiency monthly The City's reentry or repossession of the Property under this subsection shall not be construed as an election to termmate tlus Lease or cause a forfeiture of rents or other charges to be paid dunng the balance of the term, unless the City gives a wntten notice of termmation to Lessee or termmation is decreed by legal proceedmgs The City may at any hme after reletting elect to terminate this Lease for the previous Event of Default : Pendergast Soccer Field Lease EXHIBI°T A 15 ENTRY BY THE CITY. The City shall have the nght to enter the Property at any reasonable hour to mspect for compliance with the terms of tlus Lease upon twenty-four (24) hours nohce The City andlor City's agents shall comply with all of Lessee's work safety rules and restrictions, mcludmg but not limited to followmg Lessee's warrung mstructions and, without pnor approval of the Lessee, keep out of restncted areas of the Property due to pesticide, fertilizer, and other chemical and hazardous substance exposures on the Property 16 NOTICE Any notices required or permitted under this Lease may be personally dehvered, dehvered by facsimile machme, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parhes may direct in wrihng from time to hme The Crty City of Bremerton Attn Director of Parks and Recreation 680 Lebo Boulevard Bremerton, Washmgton 98310 Lessee WestSound FC Soccer Club P O Box 828 Silverdale, WA 98383 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmahon report if dehvered by facsimile machuie, or three (3) days after bemg mailed as set forth above, wluchever is apphcable 17. MISCELLANEOUS. 17 1 Authon Lessee and the person or persons executing tlus Lease on behalf of Lessee represent that Lessee is qualified to do busmess m the State of Washmgton, that Lessee has fuli nght and authonty to enter into this Lease, and that each and every person signmg on behalf of Lessee is authonzed to do so 17 2 Successors and Assi is This Lease shall be bmdmg upon and mure to the benefit of the parties, their successors and assigns 17 3 Entire A�reement This Lease, mcludmg the exlubits and addenda, if any, contains the enhre agreement of the parties All pnor and contemporaneous agreements, promises, representations, and statements relatmg to tlus transaction or to the Property, if any, are merged mto tlus Lease 17 4 Waiver The waiver by the City of any breach or default of any term, covenant, or condition of tlus Lease shall not be deemed to be a waiver of such term, covenant, or condition, of any subsequent breach or default of the same, or of any other term, covenant, or condition of this Lease The City's acceptance of a rental payment shall not be construed to be a waiver of any preceding or existmg breach other than the failure to pay the particular rental payment that was accepted 17 5 Cumulative Remedies The nghts and remedies of the City under this Lease are cumulative and m addition to all other nghts and remedies afforded to the City by law or equity or otherwise E Pendergast Soccer Field Lease �XHI�IT A 17 6 Time is of the Essence TIME IS OF THE ESSENCE as to each and every provision of this Lease 17 7 Invalidi If any provision of this Lease shall prove to be mvalid, void, or illegal, rt shall m no way affect, impair, or mvalidate any other provision of tlus Lease 17 8 Apnlicable Law and Venue Tlus Lease shall be mterpreted and construed m accordance with the laws of the State of Washmgton Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded Venue for any action arismg out of or m connection wrth tlus Lease shall be m the Supenor Court for Kitsap County, Waslungton 17 9 Attornevs' Fees In the event of litigation to enforce any of the terms or provisions herem, each party shall pay all its own costs and attorney's fees 17 10 Enhre AQreement — Amendments Tlus agreement conshtutes the whole agreement between the City and Lessee There are not terms, obligations, covenants or conditions other than those contamed herem No modification or amendment of tlus agreement shall be valid and effective without the wntten consent of both parties 17 11 Survival of Covenants The covenants contamed herem survive the termmation or expiration of the Lease for the applicable statute of limitation penods 17 12 Quiet En�o i�ent_ The City covenants and agrees that Lessee, upon performmg the terms and conditions of the Lease, may peacefully hold and en�oy the Property dunng said term wrthout any interruption by the City, its successors or assigns City will use rts best efforts not to mterfere with Lessee's busmess or nght of access to and from the Property during the term of this Lease 17 13 Non-Discnmmation The Lessee shall operate the Property in such a fasluon to insure that no person is discrimmated agamst on the basis of sex, nahonal ongm, race, creed or color In addition, Lessee shall assure that no qualified person with a disability shall be discrimmated agamst m access to and use of the facility 17 14 Recordmg of Short Form Lease Neither the City nor Lessee may record tlus Lease wrthout the other's prior approval, but the parties will at any time at the request of either party promptly execute duplicate ongmals of an instrument, in recordable form, which will constitute a short form of tlus lease, settmg forth a descnption of the Property, the terms of this lease and other provisions hereof, except the rental and other provisions as either party may request, wl�uch may be recorded 17 15 Dunlicate On nals Tlus Lease Agreement may be executed m duplicate onginals THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below CITY OF BREMERTON WESTSOUND FC PREMIER SOCCER CLUB By Patty Lent Its Mayor Date B y — Its Date I17 Pendergast Soccer Field Lease EXHIBIT 1�. APPROVED AS TO FORM Roger A Lubovich, City Attorney STATE OF WASHINGTON COUNTY OF KITSAP ) )§ ) I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared before me, and acknowledged that she signed this mstrument, on oath stated that she was authonzed to execute the mstrument, and acknowledged it as Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes menhoned m the mstrument WITNESSETH my hand and seal this day of NOTARY PUBLIC m and for the State of Waslungton, residmg at My commission expires / / STATE OF WASHINGTON COUNTY OF KITSAP ) )§ ) 201 I certify that I know or have satisfactory evidence that is the person who appeared before me, and acknowledged that (s)he signed this mstrument, on oath stated that (s)he was authonzed to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned m the instrument WITNESSETH my hand and seal this day of NOTARY PUBLIC m and for the State of Waslungton, residmg at My commission expires / / 201 R U.egallLegal�Files\Current Act�ve Files�Pendergast Park\WestSound FC Prem�er Soccer Club Lease\WestSound FC Prem�er Soccer Center Lease 5-16 13 Final doc 11 Pendergast Soccer Field Lease �� '"�� CONSULTANT ' S, INL I'HOFESSIU�IAI 1 ANn 5URV�YnRb Yt) lil t� 91t� }-�7? I� 11 LO�\`T71 t?LD iO\1 VF • CIL\ LRl)AI F 1\A 9R1R3 • 3(x1 b91 N{tk� • bA\ 1RU b91, A�/?7 �.�AS� Y,���iII, iD�SC�iH�'IQDN WF;STSO�JND FC PE1Vfl��;RCAS'�' REG�ONAL P�1gt@C THA 1' AOR't'ION OF 1'I�I� SOUTHEAST QUARTER OF TI �F, SUUTHWEST QUARTER AND THl? NURTHEASI' Qt)ARTER OF Tlih, SOUTHWE,ST QUARTER OF SECTION 2l, ��)WNSHIi' 24 NORTH, RANGI:1 CAST, W M, IN THE CITY OF ARFMERTON, KI7'SAP CntIN ! Y, WASEIINGTUN, DESCRiBF.D AS FOLI,OWS BEGINNING AT THF. SOU1'HFAST CORNFR OF THE NORTH QUARTER OF 1 Hh SO[JTH�/►ST QUARTER UF THE SOU1 tlVyl:ST QUART�R UF SAID ShCTION 21, I H�NCE N(?RTH 88 WRST ALONG THF SpUTH LINE THhRF.OF 555 OS FEFT, THN,NGt' NURTH 1°59'33" EAST 415.45 FEET,IT3ENCC NORTH 6? }�.AST 143 74 FH I- I TU THE SOU Tl I FACE OF AN F.XISTIlVG CONCRCT'� CLTRg, THF,NCE SOUTH 88° Ul'S6" hAST ALONG SAID CURB AND ITS EASTERLY FXTENSIUN 424 6b F�KT TU 'TNE �!�S'1 !•INF OF THh NORTHEASI QUARTER OF TH� SUUTHWEST QUARTFR OC SAID SECT[UN 21, TH�'NCE SUUTH l WI;ST ALONG SAID I,INE AND ITS SOtJTHCRLY �XThNSION 468 89 HF,FT TU THF, PO1NT OF BEGINNIIUG CnN 1 AiNING 5 93 ACRFS, MORE OR I,FSS �-] 5-2013 SNO � ,ls.Za3 S�' 1/4, Section ,2�, T`�*p.,2qtA�, R��,lE., �� ��r�l\. �r�iii• t�� T �.�I.�s � j � �`� iti.�.��i:�V��� �.�� Line fol1ows ' ' `� �� ;' t� � � ~' South Edge of Concrete Curb � A o, � �n � i oi Z± � � � Z � 0 � an��a ��� . , �� r � � � � �� ' v° �'�e� � QQ Q\ �� ' P o i � i � i r ► � i i i __�� 88� 424 66' r ,- __ - �-_-----_--- , -, � � � ' � � � , ► � � � � � � ' ' 1 ���� i � �° �'�e� i i p.QQ t Q` �� � � � � i � i � i � i � i i , � � � � � � � �------------------� SE Corner � N�/4. 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S_ �, ��..��' � '_'_' _ �'_ ` � t� �6- � ^�,�„+ t -.✓ �y�,. (�'� �.. `�..� L ' '_ � _ ��ih �2Ai�f r...� `hT+ K. F� v � EXHIBIT C PENDERGAST REGIONAL PARK OUTDOOR SOCCER FIELDS (7 & 8) PROPERTY VALUE AND LEASE CALCULATION �LAND VALUE CALCULATION �� -� � � � Y � rT � � _�' V � �" 4 " ` �' �' �' ._..��___�,��,._�_�_..�._�_._�_.�_�___.__� - ,��..__�._�,.��_.�_��...�` CONCESSION SITE AREA 256,417 SQ FT SQ FT PER ACRE 43,560 SQ FT CONCESSION SITE AFtEA 5 887 ACRES PARCEL VALUATION (PER ACRE) $25,000 PER ACRE CONCESSION SITE LAND VALUE LEASE PAYMENT CALCULATION $147,163 CONCESSION SITE LAND VALUE $147,163 PREFERED RETURN ON LEASE 7 50% ANNUAL LAND LEASE $11,037 �CON CALCULATIOIV � � ����} � � -� � � � � � rt ~ - ��m � "�� �`�T �" ____.___y_ _.�..v,�u__ �.��.___�,�.__ � ._.._�_�� ANNUAL LAND LEASE $11,037 per year SOCCER FIELD LIGHTING CONTROLLER $500 per year LIGHTING MAINTENANCE (PARKING LOT) $1,000 per year PARKING LOT MAINTENANCE & REPAIR $1,000 per ear TOTAL CONCESSION AMOUNT $13,537 per year