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HomeMy WebLinkAbout2820 +--------------------------------------------------------------------------+ ~Browse: Next Previous First Last Update Delete Restart X - Exit =1= '~etrieve the Next record . .Found: 1 Record (s) 1= =1= . .Vendor Name =,.Subj ect 10Department 10Status Code MAINTAIN Contract Number Contract Transactions 2820 1= + KITSAP SQUARE DANCE ASSOCIATION 6800 OLD BELFAIR HIGHWAY (WATERWORKS TRACT #2) ADMIN SVCS LAN =1= Insurance Type Amount Amount Begin Date End Date Review Date 04/01/1974 .- 08/27/2003 02/15/2005 T =f + Insurance Total Insurance Review Date $0.00 -- 11/01/2002 T + = = Comments VENDOR PAYS LEASEHOLD TAX PROPERTY SOLD TO ASSOC 8/03 VAULT 01/01/2005 1= + +--------------------------------------------------------------------------+ +--------------------------------------------------------------------------+ +Enter Search Criteria, Press Esc Key to Transmit +Press Del Key to Terminate Delete Mode + CHANGE Contract Transactions ~ Contract Number 2820 .,. ,I, Insurance Type Amount Amount Begin Date End Date Review Date t + + + + 04/01/1974 + 08/27/2003 ' 02/15/2005 : :Vendor Name "Subj ect , 'Department ',Status Code KITSAP SQUARE DANCE ASSOCIATION 6800 OLD BELFAIR HIGHWAY (WATERWORKS TRACT #2) ADMIN SVCS LAN Insurance Total Insurance Review Date + $0.00 ,', 11/01/2002 Comments VENDOR PAYS LEASEHOLD TAX VAULT 01/01/2005 PROPERTY SOLD TO ASSOC 8/03 + .,. + + +--------------------------------------------------------------------------+ LAND LEASE AGREEMENT TNIg AGRI~-F. MENT is made this ~ day of~, 2000 by and between the CITY OF B~EMERTON, a municipal corporation, [m Lessor (herein referred to as "City"), and KITSAP SQUARE DANCE ASSOCIATION, a Washington non-profit corporation, (hereim~er referred to as "Lemee"). WITNESSETH: 1. Pr~i~. The Ciw is the legal owner of the following de~rihed real property situated in the County of Kit~mp, State of Wuhington to-wit: Lots 36, 37 and 38 in the Plat ofBremerton Wate~vorks Tract No. 2, Section 32, T24N, RIE, W.M., ALSO that portion of the SW % SW IA NW % of Section 32, T24N, R1E, W.M., lyin8 west of the Plat of Brem~tou Waterworks Trot No. 2; South of the Old Belfak Highway an~' East of Parrish Creek; EXCEPT that portion desca'ihed as follows: BEGINNING at the SW corner of Lot 39 of said Plat; thence N 88°16'45" W 134.57 fi.; thence N 11°$3'00" E 142.21; thence S88°16'45" E 111.49 fi.; thence S 2°32'40" W 140 fi. to P.O.B.; ALSO that portion of the NW IA NW IA SW lA Section 32, T24N, R1E, W.M. lying West of the Plat of Brem~rton Waterworks Tract No. 2, East of Parrish Creek and within 800' South of the Old Belfair Highway. The City hereby leases to the Lessee, and the Lessee hereby leases from the City the above- described rea] property (herei_~er "Premises") for the uses and purposes described herein below. The Les~e is the legal owner of Idl of the improvements on the above described real property, including but not limited to the building, picnic shelter, outdoor lighting and RV hookup eamp~round facilities. Said improvements are not lem~xi and are not part of the Premises. Said improvements sluiil hercinafier he referred to as "Improvements". 2. U~ of Pr~mi~es. Lessee shall have the use and occupancy of the Premises for the purpose of conducting the activities of the Kitsap Square Dance Association in accordance with their Bylaws and applicable State laws, City ordinances, rules and regulations, including dancing, lessons, meetings, the provision of recreational vehicle (RV) sites for use by association members, and camping conducted in accordance with the "Campout Rules" attached hereto as Exhibit "A" and incorporated by this reference, subject to use and occupancy by the City pursuant to Section (5. 3. Term. Commencing ~.~ Z ,,~D~D the property is rented to the Lessee for three (3) years as long as Lessee ~bides by ail terms and conditions set forth herein. KSDA Lea~e - Page 1 lanuary 5, 2000 4. R~t. Annmd rmt shall be Four Thoussnd One Hu~r~ Fi~ ~ No/l~ Doll.s (~, 150,~) f~ ~ u~ of ~ ~ ~ u~n ~r ~k~ r~t for t~ l~d (exclu~ve of the build~gs, ~~s ~ RV h~k-ups) le~ t~ v~ue of ~ntfi~fions for improvem~ts, repot ~ ~t~ oft~ ~ ~ t~ ~t ofT~ Thou~d ~ Hundr~ ~d No/l~ Doll.s ($3,3~.~) (~ ~ Fo~la - E~bit "B") ~8 to Ei~t Hundr~ Fi~ ~d No/l~ ~s (~50.~) ~U~ ~ r~t, ~ paints ~1 ~ ~e queerly. 5. RV Sit~ ~nu~ ~ Revenue ~ Ex~ Su~ of RV Site operations cont~ned in E~t "C" ~ ~ o~ti~ 1o~ for 1~3 t~ 1~8. The Ci~ a~s to excl~e ~s r~ ~ in rmt~ r~te ~ions ~ 1o~ ~ the RV o~rations ge~rate ~ l~s. RV ~te r~ues ~11 ~ r~ ~fore re~w~ of ~s 1~. 6. U~ of P~m~ by th~ Ci~. ~ Ci~ ofBr~ ~y de,re to u~ t~ Pre~s ~d ~l~g f~ Ci~ ~n~ ~tions. ~1 r~sts for u~ ~l ~ ~r~t~ ~th KSDA repr~n~tiv~. T~ Ci~ ~ l~ve t~ ~e~s ~d ~ildi~ in the ~e ~n~fion of r~r cl~ ~ it w~ prior to u~ by the Ciw. 7. C~. ~s~ ~y, at its opfio~ pro.de by ~ntra~ for a ~11 ti~, on-~te ~, ~o~ t~ no tach contr~t s~l biM the City or cr~te ~y emplo~ent relat~p ~ the ~ ~d the City, · ~ U~ ~t~ Sq~e D~ ~fion s~l not ~t ~y ~n to ~ ~i in ~ iM~r ~ties. S~ is ~ ~ d~t~ ~s o~y ~th pro~ r~l~ pro~d~ for ~s~. No fires s~ ~ built ex.pt in the ~ pro~d~ for t~t pu~. 9. ~m~ or ~tmetion. In the ~ent ~ pre~s, ex~usive of buildings or app~e~ ~ ~g~ by ~e, ~e, ~ ofwg, or oth~ e~raordi~ ~ty to ~ch m ~t ~ to r~ t~ ~e um~t~ in w~ or ~ ~b~ti~ p~ t~ or ~e destroyS, it ~ ~ ~ option oft~ Ci~ ~ i~ pr~s to r~r or r~ild the ~ ~t~ fo~t (~) ~rs ~er t~ ~ of ~y ~ch ~ent, ~e ~s~ sh~ ~ve the Ci~ ~ City's lgmt ~fi~ t~r~ ~ Ci~ ~1 ~ve not more ~ si~ (~) days ~ ~e ~e ~ ~ ~tion to ~ t~ ~s~ in ~t~ of the City's d~ision whir to rep~ or r~u~ ~d ~, or ~y p~ ~ d~. Ift~ Ci~ ~1 ~i to ~ve ~e noti~ ~ore~d, or t~ C~y d~i~ ~t to rep~ or r~d, ~ ~s~ ~! ~ve t~ fi~t to d~l~e ~s 1~ te~t~ by ~ ~ti~ to t~ Ci~ in ~r~ ~ t~ noti~ pro~sions oft~s ~mt. fft~ Ciw ~s to rear or r~ld ~d pr~, t~ City ~1 pro~te ~e work of ~ reefing or r~l~ng ~t~ut u~n~le del~y, in a~rd~ ~ the th~ e~sting CiF ~es. & t~ ~ my build~ ~ ap~n~ ~e ~g~ by fire, ~hqu~e, ~ of w~, or oth~ e~ ~, ~ s~l ~ve t~ fi~ to d~l~e ~s 1~ te~t~ by ~tt~ noti~ to ~ Ci~ in ~rd~ ~th the ~fi~ pro~sio~ oft~s ~t in w~ch ~t, the ~DAt~-P~ 2 J~5,~ City should receive insurance proceeds. Lessee may, at its own expense or with the insurance proceeds and with the written consent of the City, elect to repair or rebuild said buildings or appurtenances. IfLessce, with the ~pproval of the City, elects to repair or rebuild, the buildings and appurtenance~ shall become the property of the City of Bremerton at termination of the lease. Notwit~8 any other provision herein, no party to this lease shall be liable in damages to any other party or person for termination of this lense because of the damage or destruction of the Pren~ses or the Improvements, as described in this section. lO. Uffiiti~. The Lessee, at the Lessee's sole expense, shall provide, or shall otherwise pay for when due all co~s of utilities and other ~ices on or to the premises including, but not limited to, provi~km of electridty, ~, w~te~, telephone, sewer, garbage, heating, j~itorial, security, and ~'ound~ keeping. Levee ~ also p~y all chases for utility installation and modilic~om thereto occasioned by the Levee's requirements. The City shall not be liable for any i~jury, Io~ or damage eau~d by or resulting from any interruption or failure of said services due to any caus~ whatsoever except the City's nesligence. The Lessee shall not be entitled to an offset, reduction or return of rental as a result of any interruption or failure of said services. 11. Use and Care of Premises. a. Genera! Condition: The premises used by Lessee shall at all times he kept in a neat, clean, safe and sanitary condition, except when affected by mutual conditions beyond Lessee's control and kept and used in accordance with the laws of the State of Washington and Charter and ordinances of the City. Lessee shall not permit any waste, damage or injury to the premises. b. M~intenance - l~pairs: The premises have been inspected by both parties and are accepted by Lessee in their existing condition as of the commencement date of this lease, without reservation. The City shah not he called upon to make any improvement or repair of any kind upon ~ premises. All maintenance and repairs to Lessee's equipment and to the premises shall be the responsibility of and shall be made at the sole expense of the Lessee. e. Alterations: The Lessee shall not nmke, or cause to be made, any structural alteration, addition or improvement on said Premises or to the Improvements without the written consent of the City to such work if the cost of such work exceeds $15,000.00. Consent is not required if the cost of work is less than $15,000.00. The City agrees to grant or deny such consent within a reasonable period of time of Lessee's request. Non-structural improvements may he made ~ Lessee's discretion. All alterations, additions and improvements shall he made at the sole cost and expense of Lessee, and shall become the property of the City at the termination ofthi~ lease. The City reserves an unqualified right to make alterations to the premises or to the building at Lessee's expense in which the premises are situated (1) where conditions exist which are deemed by the City to constitute an emergency, or (2) in order to correct code deficiencies. d. Access: The City agrees that the premises, and specifically the square dance hall, shall be made available to the members of Lessee's organization via the main entrance to the KSDA L _~.~ - Pn~e 3 January 5, 20~0 premi~ ~d via the squ~e d~nce hell entrance. A list of paxsons authorized to hold keys to the pre. mi~ ~ be m~int~ined by Levee and nmde available to the City. One key shall be provided to the City. The City re.~erves for it~qf, its off~c, ers, employees, agents and contractors, free acc. em to ~id pr~ani~es at all re~onable time~ for the purposes of inspecting the Premises and Improvements, but this right shall not be c, onstrued as an agreement on the part of the City to mike ~ illusions. The City re,~'ves the right to nulke miditions, repairs or ciera the Prerahe~ ~d Improvements if conditions exist which constitute an emergency or dangerous 12. Limi~tio~l on U~.dPuri~o~. Notwithstanding any other provisions herein, the Lessee si~ll not ~ into any sublease of the premi~e~ or any portion thereof or any assignment of any inter~t ia this egr~e~ent, whether long or short term in nature, or engsge in any activity with respagt to or o~ the premi~e~ other than the expre~ use(s) and purpose(s) stipulated herein, without obt~hqg prior written authorization therefor from the City. 13. ~ Levee shall not permit may lien to be imposed upon the Premises as a result of work do~e by or on belmif ofu~l' and shall inclen-miffd and hold the City harmless against any and ali exl~eme~ including reasormble attorney's fees and court costs in connection with any such lien. 14. Lieense~, T~x~ ~ad PermiU. The Lessee shall pay all applicable federal, state and local taxes, u~mployment insurance, soci*l security and workmen's compensation benefits, and shall also fulfill all flscll obligations imposod by law or contract. Lessee shall also procure, at Lessee's sole oq~nse, all Iipprovals and permits in compliance with all state and local laws, regulations and requirements. 15. Le.s~el~oid Tax Liability. Lessee shall be responsible for remitting leasehold tax based on la~d value pummnt to RCW 82.29A.030 to the City to be included with the rental payment and ~ be r~pomible for any underpayment of leasehold tax and/or penalties resulting from any State audit finding of leasehold tax liability. l& No~-l~i~rimia~tioa. The Lessee ~hall comply with all federal, state and local laws and ordimmces l~rohiblti~g discrimin~ion in employment with regard to age, sex, race, color, creed, natio~l origin or physic, al or mental handicap, unless based upon a bona fide occupational qualification. 17. Notice. Ali notices to be 8iven by either of the p~ties hereto to the other party shall be in writing and nmy either he delivered persomdly or may be deposited in the United States Mail, post~ge !~, as either certified or regular mail, addressed to: City: Lessee: City Clerk Kits~p Square Dauce Association 239 4th Street 6800 Old Beifair Highway Bremerton, WA 98337 Bremerton, WA 98312 KSDA Le~e - P~ge 4 January 5, 2000 or to ~ other re-q~ctive addresses as eith~ party may from time to time designate in writing. Notices sent by n~l 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. 1~. ~dlationldllp. In no event shall the City be construed, or held to have become in any way or for any purpoae a partner, associate, or joint ven~ of the Lessee or any party associated with the Levee in the conduct of the Lessee's business or otherwise. This lease does not constitute the Lessee, the agent or legal representative of the City for any purpose whatsoever. 19. Ameadme~ts, The parties hereto expressly reserve the right to renegotiate the provi~iom hereof, from time to time as may be neces~ry and to amend this lease accordingiy~ provided, however, that no alteration or modification of the terms or conditions hereof shall be valid sad binding unless made in writing and signed by the authorized ~-presentatives of the parties hereto. 20. WMver M' Default. No waiver of default by either party of any of the terms, covenants and cond~iom he~eof to be performed, kept ~d observed by the other party shall be construed as, or oper~e 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. 21. Termination. · . "Termination" means at such time as the lease is not extended for an additional period of time. b. City r~aerves the fight to terminate this lease together with all of the estate, right and title thereby granted to or vested in the Lessee without cause provided Lessee is given one hundred eighty (180) days advance written notice to vacate and surrender premises. e. In the event that the Lessee defaults in the performance of any terms, provisions, eovemnts and agreements on the Lessee's part to be kept, observed and performed, and such default is not corrected within thirty (30) days ~ffter the receipt of notice thereof fi.om the City, or such shorter period as may be necessary to public safety; or if the Lessee shall abandon, desert, vacate or remove fi.om the premises; or if the Lessee sl~l file a petition in bankruptcy; or if the Lessen shall he adjudicated a b~nkrupt 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 ~renment 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 or such election, by certified mail addressed to the Lessee at the address specified in Section 17 of this a~'o~n~t, a~l at the expiration of such twenty (20) day period, the lease and all of the estate, right, title ~ interest thereby granted to or vested in the Lessee shall then cease and termimte, and the City may re-enter said premises using such force as may be required. KSDA Leame - Pase 5 January 5, 2000 22. Surrender of l~mim. At the termination of this lease, including any extensions thereof, the Lessee shall quit and surrender said Premises including ail fights, privileges, easements, structures, Improvements and appurtenances and ail keys thereto and in as good condition es existed at commencement of the term, subsequent to the date of this Lease, ordinary wear and tear, damage or destruction by fire or other casualty or circumstances uncontrollable by the ~ excepted; provided, that if alterations, additions or improvements have been made to the premises as peovided in this lease, the Lessee shall not he required to restore the premises to the condition in which they were prior to such aiterations, additions or improvements having been made. Lessee droll have the obligation of removin8 any of its trade fixtures from the premises at the termination of this lease and any extension thereof, unless ailowed by the City. 23. Adjudication. This lease shall he 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 ora dispute between the parties, venue over such dispute shall he with the Superior Court of K/tsap County, Washington. 24. Binding Effect. This lease shall be binding upon the heirs, successors, assigns and ail other parties le~aily empowered with signatory rishts of any or ali of the parties hereto. 25. Invalidity of Provisions. Should any term, provision, condition or other portion of this lease be held to be inoperative, invaiid or void, the same shall not affect any other term, provision, condition or other portion of this lease; and the remainder of this lease shah be effective as if such term, provision, condition or portion had not been contained herein. 26. City's Right to Audit. Lessee at such times and in such forms as the City may require, shall furnish the City such periodic reports and documents as it may request pertaining to the monthly income and/or the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. 27. Indemnification and Insurance. a. Indemnification: Lessee agrees to defend, indemni~, and hold harmless the City, its appo/nted and elected officers and employees, from and against any and ail liability, loss, costs, dama~, and expense, including costs and attorney fees in defense thereof, because ofaetions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons, and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement or the use of the premises, whether such injuries to persons or damage to property is due to the negligence of Lessee, its members, guests, invitees, subcontractors, agents or assigns. This provision shall he inapplicable to the extent that such damage or injury is judicially found to he caused by the sole negligence of the City. KSDA l~.~e - Pa~ 6 b. A~umption of Risk: The placement and storage of personal property on said prend~es shall be the responsibility, and at the sole risk, of the Lessee. e. lnenrnnee: During the tenn of this lease and any extension thereof, the Lessee shall secure and maintain policies of standard form comprehensive general liability insurance and prope~ insurance with an insurance company licensed to do business in the State of Washington. The ~eneral ~ policy shall provide protection and indemnification against any and all claims for injury to person or property or for loss of life, including the liability of the City for such to the Lessee and any of the Lessee's officers, employees and asents, and any liability of the Lessee as such to the City, its officers, employees and agents, arising out of or in connection with the occupancy and use of the Premises as -,veil as any and all claims and risks in connection with any acts or omissions performed by Le~_see by virtue of the rights granted pursuant to this lease. Said policy limits shall he in the amount of st least Five Hundred Thousand Dollars ($500,000.00). The property insurance shall have limits in an amount equal to or greater than the reasonable market value of property contained in or constituting the premises as approved of by the City of Bren,,erton. Both policies shall specifically name the City of Bremerton as an additional insured party thereunder ~ must stipulate that the coverages provided by said policy shall not he terminatmt, reduced or otherwise changed in any respect without providing at least thirty (30) days prior written notice to the City. Verification of insurance required in this paragraph shall he delivered to the City within ten (10) days of execution of this Lease. Notwithstanding any provisions herein to the contrary, the failure of the Lessee to comply with the provisions of this section shall subject this lease to immediate termination. 2S. Agreement. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. IN WITNESS WHEREOF, the parties hereto have affixed their signatures below. KITSAP SQUARE DANCE ASSOCIATION President, Russ Richardson ' eta~, ~v~ DeRego /~ // // KSDA i~' - P~e 7 Januat~ 5, 2000 CITY OF BREMERTON Lynn S. Horton, M~yor Approved as to form: GLENNA MALANC& City Attorney State of Washin~on ) Coun~ of Kitsap ) On this ~ day of Z~./~ 2000, personslly appeared Lynn S. Horton to me known to be the Mayor ofth~City of Bremerton, ~t municipal corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the flee and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on o&th sl~tted that she w~s authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first nbove writton. No .t~y.. l~bli~n~l ~or th~ State of W~hington R~,~din8 ~t ~,'1~o~.., ~,~-~) My commission ~pir~: ~__ KSDA Lease - P~ge 8 Janumy 5, 2000 Exhibit "B" LEASE FORMULA ASSET VALUE = FAIR MARKET VALUE OF LAND (3 + acres) ANNUAL RENT = 1/12 OF ASSET VALUE ANNUAL RENT LESS NON-PROFIT CONTRIBUTIONS: 1) Capital Improvements Amortization 2) Repairs and Maintenance of Asset 3) Value of discounted or free Program Services offered to Public = ANNUAL LEASE PAYMENT + LEASEHOLD TAX (12.84 % of fair market annual rent - imposed and mandated pursuant to RCW 82.29A.030) =TOTAL ANNUAL LEASE PAYMENT Kitsap Square Dance Assoc. lease of land (3+ acres) on Old Belfair Hwy. Market Value of Land 50,000 Annual Rent (1 / 12 o f Land Value - 50,000) 4150 Less KSDA Avg. Annual contributions: (based on actual expenses 92-98): Land Repairs and Maintenance (avg) (1,000) (1000) Value of Labor (1500 hrs x $8.00) (12,000 x 19%*) (2300) Total Annual Contributions (3300) * 19% = ratio of land to total property value Annual Lease Amount 850 Plus Leasehold Tax 530 (12.84% of annual rent of $4150 based on 1/12 of total market value of land $50,000 pursuant to RCW 82.29A.030) TOTAL ANNUAL LEASE PAYMENT 1380 KITSAP SQUARE DANCE ASSOCIATION RV P.4A~.K EXPENSES 1993 through 1998 Year Material Utilities Equipment Labor Total 1993 $353.00 $208.00 $0.00 $2,083.00 $2,644.00 1994 $2,300.00 $315.00 $240.00 $8,223.00 $11,078.00 1995 $469.00 $321.00 $50.00 $3,521.00 $4,361.00 1996 $934.00 $430.00 $80.00 $6,560.00 $8,004.00 1997 $816.00 $397.00 $130.00 $6,215.00 $7,558.00 1998 $793.00 $349.00 $90.00 $3,918.00 $5,150.00 Average AnaualIncome = $2,011 As of 4-1-99KSDAowed$4,504 on anout~anding loan forRVimprovemems. $6.00/night/RVs~e 63RVsRes