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
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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
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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