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HomeMy WebLinkAbout2825 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 2825 PARKS & RECREATION Watershed Property for Sports Complex PW Util LEG 16-3 10/08/1986 12/31/2016 09/01/2016 LEASE AGREEMENT PART A -- SIGNATURE FORM PARTIES THIS LEASE AGREEMENT entered into by and between the CITY OF BREMERTON, a municipal corporation duly organized and existing under the laws of the State of Washington (hereinafter referred to as "Lessee"), and the CITY OF BREMERTON WATER UTILITY, a Washington corporation (hereinafter referred to as "Lessor") W I TNE S S E TH; 1. Premises. The Lessor is the legal owner of the following described real property: See Exhibit "A" attached hereto and incorporated herein by this reference. The Lessor hereby leases to the Lessee, and the Lessee hereby leases from the Lessor said real property for the uses and purposes described hereinbelow. 2. Uses and Purposes. Lessee shall have the use and occupancy of the premises for the sole purpose of using and developing a City park and for such other uses ancillary to park purposes. 3. Term. The term of this lease, and any extensions, shall be as follows: Beginning the 8th of October, 1986, and terminating the 31st day of December, 2016, by either party, all subject to terms and conditions hereof; in consideration of which the Lessee shall abide by all of the terms and conditions of this Lease and shall pay rent to the City as hereinafter set forth. 4. Rent. Lessee covenants to pay to Lessor as rental for the premises, the s~m of Three Hundred Fifty Dollars ($350.00) per acre per year, payable by Lessee to Lessor on or before the 31st day of December of each year; provided, however, prior to development of the property as a sports complex, said lease rental amount shall be $1.00 per acre per year. 5. Utilities. Lessee shall pay its electricity, natural gas, water and sewer, if any, separately in addition to the monthly rental. 6. Effectuation of Agreement. In order to be effective, this lease must be (1) signed by an authorized representative of the Lessor and returned to the City at the address set forth below, on or before , accompanied by any required policy of insurance, and (2) signed by the Mayor of the City of Bremerton, and the City Clerk pursuant to ordinance authority. 7. Termination of Lease. This lease shall terminate immediately upon notification to the Lessor of failure of the November 1986 General Election Parks and Recreation Improvement Bond. IN WITNESS WHEREOF, the parties hereto have affixed their signatures below: THE CITY WASTEWATER UTILITY THE CITY OF BREMERTON Lessor Lessee B~LOBE~M ~ LOBE, May~r ATTEST: KATHLEEN L. MuCLUSKEY, Clerk City's Address for all Lessor's Address for all Communications: Communications: City Clerk City Clerk 239 Fourth Street 239 Fourth Street Bremerton, WA 98310 Bremerton, WA 98310 STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) ON THIS DAY personally appeared before me Gene Lobe and Kathleen L. McCluskey, to me personally known to be the Mayor and the City Clerk, respectively, of the City of Bremerton, a municipal corporation, that executed the foregoing instrument and acknowledged to me that they signed and sealed the same as the free and voluntary act and deed of said municipal corporation and on oath stated that they were authorized to execute said instrument and that the seal affixed is the seal of said municipal corporation. WITNESS MY HAND OFFICIAL seal the day and year first above written. NOTARY PUB~ £n and for the Stat. epf W~hington, residing at · ;//// . Commiss }~on expires: 2 LEASE AGREEMENT PART B -- GENERAL TERMS AND CONDITIONS 1. LICENSE AND TAXES. Lessee shall fulfill all fiscal obligations imposed by law or contract. Lessee shall also procure, at Lessee's sole expense, all approvals and permits in compliance with all regulations, statutory and otherwise, of any governmental body. 2. USE AND CARE OF PREMISES. a. General Condition: The premises used exclusively by Lessee, shall at all times be kept in a neat, clean, safe and sanitary condition, and kept and used in accordance with the laws of the State of Washington and Charter and ordinances of the City. The Lessee shall not permit any waste, damage, or injury to the premises. b. Maintenance - Repairs: The premises have been inspected by both parties and are accepted in an "as is" condition. Lessee shall be required to keep and maintain said premises in as good as condition as it is in when accepted by Lessee and maintain any and all improvements thereon in a like manner. c. Alterations and Improvements: Improvements may be made at Lessee's discretion. All alterations, additions and improvements which shall be made, shall be at the sole cost and expense of Lessee, and shall remain in and be surrendered with the premises as a part thereof at the termination of this lease. The Utility reserves an unqualified right to make alterations to the premises or to the building in which the premises are situated (1) where conditions exist which are deemed by the legislative authority to constitute an emergency, or (2) in order to correct code deficiencies. d. Access: The Utility reserves for itself, its officers, employees, agents and contractors, free access to said premises at all reasonable times for the purposes of inspecting, cleaning or making repairs, additions or alterations to the premises, but this right shall not be construed as an agreement on the part of the City to make said inspections, clean or make repairs, additions or alterations. e. Keys: In the event that the Lessee requests a change in locks or changes the locks, said changes shall be at the sole expense of Lessee. Lessee shall notify the Utility in writing of such change and for emergency use, shall provide the Utility with one (1) key for each lock on the premises. 4. NOTICES. All notices to be given by either of the parties hereto to the other party shall be in writing and may either be delivered personally or may be deposited in the United States Mail, postage prepaid, as either certified or regular mail, addressed as specified in Part A hereof, or to such other respective addresses as either party may from time to time designate in writing. Notices sent by mail shall be deemed to have been given when properly mailed; the postmark affixed by the United States Post Office shall be conclusive evidence of the date of mailing. 5. AMENDMENTS: The parties hereto expressly reserve the right to renegotiate the provisions hereof, including the term of this lease, from time to time as may be necessary and to amend this lease accordingly; provided, however, that no alteration or modification of the terms or conditions hereof shall be valid and binding unless made in writing and signed by the authorized representatives of the parties hereto. 6. WAIVER OF DEFAULT. 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. 7. TERMINATION. A. In the event that the Lessee defaults in the performance of any terms, provisions, covenants and agreements on the Lessee's part to be kept, observed and performed, and such default is not corrected within thirty (30) days after the receipt of notice thereof from the City, or such shorter period as may be reasonable under the circumstances; or if the Lessee shall abandon, desert, vacate or remove from the premises; or if the Lessee shall file a petition in bankruptcy; or if the Lessee shall be adjudicated a bankrupt after the filing of an involuntary petition in bankruptcy; or if the Lessee shall take or receive the advantage or benefit of any insolvency; or if the Lessee shall enter into an agreement of composition with the Lessee's creditors; then, in such event, the City, at its option at any time thereafter, may terminate this lease together with all of the estate, right, and title thereby granted to or vested in the Lessee, by giving twenty (20) days' notice in writing of such election, by certified mail addressed to the Lessee at the address specified in part A hereof, and at the expiration of such twenty (20) day period, the lease and all of the estate, right, title and interest thereby granted to or vested in the Lessee shall then cease and terminate, and the City may re-enter said premises using such force as may be required. The legislative authority shall have the right to determine on the City's behalf the existence of any default in performance or other breach or violation of the terms and conditions hereof on the part of the Lessee. B. Both parties understand and agree that the Parks Department is leasing this property from the Water Utility for the purpose of constructing a sports complex. Prior to the construction of said sports complex, this property shall be used as a City park. In the event that funding for a sports complex is unavailable and continues to be unavailable until December 1, 1987, Lessee shall have the option of terminating its lease with the Utility by providing at least 10 days notice to the Utility in accordance with the terms and provisions of this lease. In the event that funding is not available as of December 31, 1988, for the construction of a sports complex, this lease shall expire by its own terms pursuant to this paragraph. 8. SURRENDER OF PREMISES. At the expiration or termination of this lease, including any extensions thereof, the Lessee shall quit and surrender said premises and all keys thereto, without notice and in as good condition as received at commencement of the term, ordinary wear and tear, damage or destruction by fire or other casualty or circumstances uncontrollable by the Lessee excepted; provided, that if alterations, additions or improvements have been made to the premises as provided in this lease, the Lessee shall not be required to restore the premises to the condition in which they were prior to such alterations, additions or improvements having been made. Lessee shall have the right, but not the obligation, of removing any of its trade fixtures from the premises at the termination of this lease and any extension thereof. 9. ADJUDICATION. This lease shall be construed under all of the applicable laws, statutes, ordinances, rules and regulations of the United Sates, 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 Kitsap County, Washington. 10. BINDING EFFECT. This lease shall be binding upon the heirs, successors, assigns and all other parties legally empowered with signatory rights of any or all of the parties hereto. 11. INVALIDITY OF PROVISIONS. Should any term, provision, condition or other portion of this lease be held to be inoperative, invalid or void, the same shall not affect any other term, provision, condition or other portion of this lease; and the remainder of this lease shall be effective as if such term, provision, condition or portion had not been contained herein. 12. DAMAGES OR DESTRUCTION: In the event the premises are damaged by fire, earthquake, act of war, or other extraordinary casualty to such an extent as to render the same untenantable in whole or in substantial part thereof, or are destroyed, it shall be optional with the Utility to repair or rebuild the same; and within forty-eight (48) hours after the 6 happening of such event, the Lessee shall give the Utility or Utility's agent notice thereof. The Utility shall have not more than sixty (60) days after the date of such notification to notify the Lessee, in writing, of the Utility's intentions to repair or rebuild said premises, or any part so damaged. If the Utility shall fail to give the notice aforesaid, the Lessee shall have the right to declare this lease terminated by written notice provided to the Utility. Notwithstanding any other provision herein, no party to this lease shall be liable in damages to any other party for termination of this lease because of the damage or destruction of the premises or the building in which the premises form a part, as described in this Section. 13. NON-DISCRIMINATION: Lessee shall comply with all federal, state and local laws and ordinances prohibiting discrimination in employment with regard to age, sex, race, color, creed, national origin or physical or mental handicap, unless based upon a bona fide occupational qualification. 14. PREVIOUS AGREEMENTS SUPERSEDED: The terms and conditions of this Agreement supersede the terms, obligations and conditions 'of any existing or prior agreement between the parties regarding the subject matter of this Agreement. 15. ENTIRE AGREEMENT: This lease, including the exhibits and addenda attached hereto and forming a part hereof (if any), are all of the covenants, promises, agreements, and conditions, either oral or written, between the parties. 16. LEASE OPTION: Lessee is leasing approximately twenty (20) acres of property pursuant to this lease agreement. Utility hereby grants to Lessee the option to lease up to an additional thirty (30) acres of adjoining proeprty for existing park expansion under the same terms and conditions of this lease. This option shall exist for five (5) years and shall expire Deemeber 31, 1991, if not exercised in writing by the Lessee prior to that time. 7