HomeMy WebLinkAbout4351 Resolution - Lease Agr WA ST Military Dept for Readiness Center RESOLUTION NO.4351
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT BETWEEN THE WASHINGTON STATE MILITARY
DEPARTMENT AND THE CITY OF PASCO.
WHEREAS,the City of Pasco(City)and the Washington State Military Department desire
to enter into this Lease Agreement for the purpose of Drill Floor and classrooms used to deliver
in-service training to Pasco Police Officers; and
WHEREAS, the City wishes to enter into an agreement as Lessee of the premises located
at 127 West Clark Street Pasco, WA 99301 to host in-service training of Pasco Police Officers;
and
WHEREAS, the City shall do all things necessary for, and incidental to the performance
of duties set forth in this Agreement; and
WHEREAS,the City Council of the City of Pasco has after due consideration, determined
that it is in the best interest of the City to enter into the Lease Agreement for the purpose of Drill
Floor and classrooms used to deliver in-service training to Pasco Police Officers.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO,WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the Lease
Agreement between Washington State Military Department and the City of Pasco; a copy of which
is attached hereto and incorporated herein by reference as Exhibit A; and
Be It Further Resolved,that the City Manager of the City of Pasco,Washington,is hereby
authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of
Pasco; and to make minor substantive changes necessary to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this 20'�' day of June,
2023. - .
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO ORM:
..�e�1�- ��,w��' .
Debra Barham, CMC Kerr Fer i aw, PLLC
City Clerk City orneys
Resolution—Lease Agreement/Washington State Military Dep ment- 1
MIL#: LX23-013
EXHIBIT A
State of Washington Military Department
Bldg. 36, Camp Murray
Tacoma, WA 98430-5013
Attn: Real Property Office
Document Title: Lease
Lessor: Washington 5tate Military Department
Lessee: Pasco Police Department
FACILITY LEASE
This LEASE is made and entered into between Washington State Military Department whose address
is Real Property Office, Camp Murray, Building 36, Tacoma, Washington 98430- 5013, for its
administrators, successors, and assigns, hereinafter called the Lessor, and Pasco Police Department
hereinafter called the Lessee.
WHEREAS, the Lessor and Lessee deem it to be in the best public interest to enter into this Lease;
NOW, THEREFQRE, in consideration of the terms, conditions, covenants and performances
contained herein, IT IS MUTUALLY AGREED AS FOLLOWS:
PREMISES
The Lessor hereby leases to the Lessee the following described Premises:
Tax Parcel Number: A portion of#112036056
Common Name and Street Address: 127 W. Clark St.,Pasco,WA 99301, READINESS CENTER
Legal Description: A portion of said parcel located at 127 W. Clark St., Pasco, WA 99301 legally
described as: Lots 1 through 6 and Lots 18 through 22, Block 4, N. P. Plat and North & South Alley
adj. Lots 1 through 6 and Lots 22 and 52,Vacated East&West Alley adj. Lots 20 through 22, County
of Franklin, State of Washington.
The Premises are further restricted to areas described in the section 3, Use, including any exhibit
thereto.
USE
3. Exclusive use of the Drill Floor and classrooms for the express purpose of police training. No
other use is permitted without prior written authorization from the Lessor.
TERM
4. TO HAVE AND TO HOLD the Premises with their appurtenances for the term beginning June 1,
2023 and ending May 31, 2027. The first day of the term is the Commencement Date.
CONDITION OF PROPERTY
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5. Taking possession of the Property by Lessee constitutes acknowledgment by Lessee that the
Property and all of its appurtenances thereto are in good and tenantable condition, in good order and
repair, and in safe condition for the conduct of any activities or enterprises to be conducted on the
Property pursuant to this Lease. Lessee acknowledges that Lessor has made no representations as to
the condition of the Property unless such are expressly set forth in this Lease.
RENT
6A. The Lessee shall pay rent to the Lessor for the Premises at the following rate and the rent will be
adjusted on an annual basis effective as of the annual anniversary date using the CPI for Washington
State, but the rent shall not be increased by more than 10% of the prior year's rent.
June 1, 2023 through May 31, 2024 $1,938.45 Monthly including utilities
June 1, 2024 through May 31, 2025 $2,132.30 Monthly including utilities
June 1, 2025 through May 31, 2026 $2,345.52 Monthly including utilities
June 1, 2026 through May 31, 2027 $2,580.07 Monthly including utilities
6B. Payment shall be made payable to the Washington State Treasurer
Rent shall be sent to:
State of Washington,Military Department
Camp Murray, Building 1
Attention: State Finance Department
Tacoma, Washington 98430
If applicable, Lessee shall remit to Lessor leasehold excise tax, pursuant to RCW 82.29A, which is
12.84%of the rental payment. Leasehold excise tax shall be adjusted if there occurs an adjustment in
the rental rate or leasehold excise tax rate. Said tax shall be paid the same time as payment of rent is
due.
LATE CHARGE
7. If any payment of rent, or any other sum due to the Lessor, is not received by Lessor by the due
date, a late charge of one percent (1%) of the rent due and unpaid plus a $25.00 administration fee
shall be added to the amount due and the total sum shall become immediately due and payable to
Lessor.Each additional rental period that the amount due goes unpaid shall be'subject to a late charge
of one percent(1%)of the rent due plus an administration fee of$25.00. Also,there shall be a charge
of$25.00 for any check returned uncollectible.
MAINTENANCE AND REPAIR
8A. The Lessee shall be liable for and charged for any damage it, or its agents, employees, invitees,
and guests cause to the Premises during the term of the Lease. Ordinary wear and tear is not
considered damage. The Lessee is responsible for keeping the Premises in as clean or cleaner
condition than existed prior to any use. If debris is left on the Premises, Lessee may be charged for
cleaning fees. Lessor will invoice the Lessee for the reasonable costs of any repairs of damages for
which it is liable and/or cleaning fees, and the Lessee shall pay said invoice within thirty(30)days of
receipt.
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8B. The Lessor shall maintain the Premises in good repair and condition during the term of this Lease;
provided Lessee shall be charged for any repair of damages for which it is liable under 8A. Upon
receiving written notice from Lessee of a condition of the properiy requiring repair, Lessor shall
inspect the area and determine if repair is in fact needed, and if needed,Lessor will endeavor to initiate
and complete cure or repair such condition within a reasonable time, subject to available funding and
priorities as determined in the Lessor's discretion. The Lessor reserves the right at reasonable times
to inspect the Premises.
ASSIGNMENT/SUBLEASE
9. The Lessee shall not assign this Lease nor sublet the Premises and shall not permit the use of
Premises by anyone other than the Lessee, its agents, employees, invitees, and guests or for any use
other the use provided in section 3,Use,without the prior written consent of the Lessor,which consent
can be withheld for any reason in the Lessor's lawful discretion.
FIXTURES
10. During the term of this Lease, the Lessee is not permitted to attach fixtures or erect signs without
the prior written approval of the Lessor. Unless otherwise agreed in a written amendment, all fixtures
shall be installed and removed upon Lease termination at the Lessee's sole cost and expense. The
Lessee shall be liable for the reasonable costs of any such removal including the costs of repair or
restoring the Premises from such removal.
RENEWAL
11. If Lessee desires to seek renewal of the Lease, it shall provide written notice to Lessor of its
intention to seek renewal at least sixty(60)days prior to the expiration date of the Lease by registered
or certified mail. The Lessor in its sole discretion will detertnine whether it desires to enter such a
renewal with the Lessee and shall endeavor to notify the Lessee of its willingness to negotiate renewal
within thirty days of its receipt of the notice. If Lessor is willing to negotiate a renewal, and if
negotiations between the parties have not resulted in a new Lease agreement before the expiration of
this Lease,no renewal shall occur, unless the Lessor extends this deadline in writing.
TERMINATION, SUSPENSION,AMENDMENT
12A. It is mutually understood and agreed by and between the Lessor and the Lessee that this Lease
may be terminated by the Lessee on or after the 1 st month of its term, and any month thereafter,
provided that written notice of such cancellation and termination shall have been given at least ninety
(90) days prior to the effective date thereof, in which event rent shall be prorated to the date of
termination.
12B. It is mutually understood and agreed that the Lessor may indefinitely suspend or terminate this
Lease, in its unfettered discretion, with seven (7) day notice when such notice is practicable.
Provided, if the Lessor in its discretion determines that an emergency condition exists, the Lessor
may suspend or terminate the Lease immediately upon notice to the Lessee or notice posted on the
Premises. Upon suspension or termination, the Lessee shall immediately vacate the Premises or by
such date as may be provided in the notice. Lessee shall in no way obstruct or interfere with the
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Lessor's use of the Premises.
12C. This Lease may be amended only by a written mutual agreement of the parties, signed by both
parties by person with authority to sign. Such amendment shall not take effect until made in writing
and signed by authorized representatives of the parties.
CONDITION AT END OF LEASE TERM
13A. Upon cancellation or termination of this Lease, Lessee agrees to vacate the Premises
immediately or by such date as Lessor otherwise provides in writing, and remove at its expense all
property it owns, unless otherwise agreed in writing with the Lessor. The Lessee shall pay the costs
of any such cleaning plus Lessor's administrative expenses to conduct the cleaning with thirty days
of receiving an invoice. If a deposit or credit exists, the Lessor may deduct any outstanding charges
from the deposit or credit.
13B. Lessee shall be responsible for all reasonable costs, expenses, and attorneys' fees associated
with such termination, including,but not limited to,those costs,expenses, and attorneys' fees that the
Lessor incurs for repair of damage for which Lessee is liable, cleaning for which Lessee is liable,
removal of property of the Lessee and any related repair or restoration of the Premises. The costs of
cleaning include Lessor's administrative expenses to conduct the cleaning.
13C. In the event Lessee does not remove trade fixtures, personal property and equipment within
thirty(30)days following lease expiration or tertnination,Lessor may at its election(i)require Lessee
to remove such property at Lessee's sole expense, and Lessee shall be liable for any damage to the
property caused by such removal and the costs of restoration to a condition at least as good as the
property was prior to the placement of such property on the Premises, (ii) treat said items as
abandoned,retaining said properties as part of the Premises;or(iii)have the items removed and stored
at Lessee's expense. Lessee shall reimburse Lessor for any damage caused to the Property by the
removal and restoration, whether removal or restoration is by Lessee or Lessor within 30 days receipt
of notification by Lessor.
HOLDING OVER
14. If Lessee remains in possession of the Premises after the expiration or termination of the Lease
term,or any extension thereof,the Lessor in its sole discretion may deem such holdover to be a month-
to-month tenancy by providing written notice thereof to the Lessee. In such case, Lessee shall pay
150% of monthly rent provided for in this Lease or such other rent as the parties mutually agree to in
writing and all provisions of this Lease shall apply to the month-to-month tenancy, except those
pertaining to term and option to renew. Lessor may terminate the month-month tenancy upon thirty
(30) days advance written notice.
DISASTER
15. In the event the Leased Premises are destroyed or damaged by fire, earthquake, or other casualty
so as to render the Premises totally unfit for occupancy, the Lessor or the Lessee may terminate this
Lease. In the event of such terrnination, Lessee shall be reimbursed for any unearned rent that has
been paid, minus any charges that have not been paid.
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NO GUARANTEES
16. It is understood that the Lessor has made no guarantees, express or implied, representations,
promises or statements unless endorsed herein in writing. This Lease shall not be valid and binding
upon the State of Washington unless it has been approved by The Adjutant General of the Military
Department or his or her designee and approved as to form by the Office of the Attorney General.
DISPUTE RESOLUTION
17. In the event that a dispute arises between the parties and it cannot be resolved through discussion
and direct negotiation, either party may request the matter be mediated. If inediation fails to produce
an agreement or the parties agreed to forgo mediation, it shall be submitted to arbitration under RCW
7.04A. All costs of arbitration shall be equally shared, and each party shall bear its own attorney's
fees, if any.
HOLD HARMLESS
18. To the fullest extent permitted by law,the Lessee,its successors or assigns expressly agrees to and
shall indemnify, defend and hold harmless the Lessor and its agencies, officials, agents, and
employees, from and against all claims, actions, costs, damages, or expenses of any nature arising out
of or in connection with any acts or activities of Lessee, its employees, agents, guest, or invitees
authorized by this Lease. Lessee's obligation to defend includes payment of any costs or attorneys'
fees. Lessee's obligation shall not include such claims that may be caused by the sole negligence of
the Lessor and its agents and employees. If the claims or damages are caused by or result from the
concurrent negligence of (a) the Lessor, its agents or employees and (b) the Lessee, its agents,
employees, invitees, or guests, this indemnity provision shall be valid and enforceable only to the
extent of the negligence of the Lessee, its agents, employees, invitees, or guests. The Lessee
expressly agrees to waive his/her immunity under Title 51 RCW to the extent required to indemnify,
defend, and hold harmless the Lessor and its agents or employees.
INSURANCE
19A. Lessee shall, at all times during the term of this Lease and at its sole cost and expense, buy and
maintain insurance of the types and amounts listed below, and provide proof of insurance prior to the
beginning of the Lease period. In the absence of such insurance, this Lease shall be deemed void.
Further, Lessee shall promptly notify Lessor of any changes, modifications, or amendments to such
policies. Failure to buy and maintain the required insurance may result in the termination of the Lease
at the Lessor's discretion.
19B. All insurance and surety bonds should be issued by companies admitted to do business within
the State of Washington and have a rating of A-, Class VII or better in the most recently published
edition of Best's Reports. Any exception shall be reviewed and approved by the Department's Risk
Manager, or the Risk Manager for the State of Washington,before the Lease is accepted. If an insurer
is not admitted, all insurance policies and procedures for issuing the insurance policies must comply
with Chapter 48.15 RCW and 284-15 WAC.
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19C. Lessee shall maintain general liability(CGL)insurance, and, if necessary, commercial umbrella
insurance with a limit of not less than$1,000,000 per each occurrence.If such CGL insurance contains
aggregate limits,the General Aggregate limit shall be at least twice the"each occurrence" limits. CGL
insurance shall have products-completed operations aggregate limit of at least two times the "each
occurrence" limits.
19D. CGL insurance shall be written on ISO occurrence form CG 00 O1 (or a substitute form
providing equivalent coverage). All insurance shall cover liability arising out of Premises,operations,
independent contracts, products-completed operations, personal injury and advertising injury, and
liability assumed under an insured contract (including the tort liability of another assumed in a
business contract), and contain separation on insured(cross liability) condition. All policies required
under this paragraph shall include and maintain the following provisions and the Lessor shall be
provided written notice before cancellation or non-renewal of any insurance referred to therein, in
accord with the following specifications:
Lessee is subject to 48.18 RCW (Admitted and Regulated by the Insurance Commissioner): The
insurer shall give the State 45 days advance notice of cancellation or non-renewal. If cancellation is
due to non-payment of premium, the Lessor shall be given ten (10) days advance notice of
cancellation.
Lessee is subject to 48.15 RCW(Surplus lines): The Lessor shall be given twenty (20) days advance
notice of cancellation. If cancellation is due to non-payment of premium, the Lessor shall be given
ten (10) days advance notice of cancellation.
The Lessor, its elected and appointed officials, agents and employees shall be named as an additional
insured on all general liability, excess, umbrella and property insurance policies.
The Insurance certificate must include Military Lease Number, Readiness Center Location and
endorsements.
All insurance provided in compliance with this Lease shall be primary as to any other insurance or
self-insurance programs afforded to or maintained by Lessor.
By requiring insurance herein, Lessor does not represent that coverage and limits will be adequate to
protect Lessee; and such coverage and limits shall not limit Lessee's liability under the indemnities
and reimbursements granted to Lessor in this Lease.
HAZARDOUS SUBSTANCES
20. Lessee shall not keep on or about the Premises, for use, disposal, treatment, generation, storage
or sale any substances which are hazardous, toxic, harmful or dangerous, and/or which are subject to
regulation as hazardous or toxic, dangerous, or as a pollutant by any federal, state, or local law,
regulation, statute, or ordinance (collectively referred to herein as "hazardous substances"). Lessee
shall be fully liable to the Lessor, and shall, to the extent permitted by law, indemnify, defend and
save harmless the Lessor and its officials and employees, with respect to any and all damages, costs,
fees (including attorneys' fees and costs), civil and criminal penalties, or clean-up costs assessed
against or imposed as a result of Lessee's use, disposal, generation, storage, or sale of hazardous
substances or that of Lessee's employees, agents, or invitees.
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NON-DISCRIMINATION
21. The Lessee shall not discriminate against any person or persons or exclude them from
participation in the Lessees operations, programs or activities conducted on the Leased Premises,
because of race,creed,color,national origin,sexual orientation(including gender identity and gender
expressions), sex, honorably discharged veteran or military status, status as a mother breastfeeding
her child,the presence of any sensory,mental, or physical disability, or the use of a trained dog guide
or service animal by a person with a disability, or national origin. The Lessee will comply with the
Americans with the Disabilities Act of 1990 (42 U.S.A., 12101-12213 and the Washington State Law
against discrimination, chapter 49.60 RCW, as well as the regulations adopted thereunder and
attendant Americans with Disabilities Act Accessibility Guideline (ADAAG) published by the
Architectural and Transportation Barriers Compliance Board.
PREMISES
22. Lessor and Lessee have conducted a walk through inspection of the Premises. It is understood and
agreed that the Lessee accepts the Premises in their present condition and accepts all risk of injury to
persons or damage to property resulting from, or arising out of, the condition of the Premises. This
acceptance includes knowledge that the Premises may not meet the requirements set forth in the
Americans with Disabilities Act (ADA). Lessee agrees to hold Lessor hannless from any liability or
claims due to the Lessee's failure to comply with comply with ADA, if the Lessee has a duty to
comply the ADA or an ADA requirement arises from the Lessee's use of the Premises.
ADDITIONAL LEASE PROVISIONS
23A. Alcoholic beverages and the sale and consumption of alcoholic beverages are prohibited in or
on property owned by the Lessor. No smoking shall be allowed on the Premises.
23B. All signs installed on the exterior of the Premises and/or doors and windows of the Premises
shall be subject to the prior written approval of the Lessor, which approval can be withheld for any
reason in total and unrestricted discretion of the Lessor.
23C. Lessee agrees that areas not specifically authorized for their use under the terms of this Lease
are not authorized for the use or entry of Lessee, its employees, agents, guests, and invitees, and that
entry into such unauthorized areas may be grounds for termination of this Lease.
23D. Lessee agrees to not use this property for commercial and political activities. Lessor's buildings
may not be used for political purposes nor will they be rented to a political organization or an affiliate
thereof except the local government agencies for use as a polling place. Buildings will not be rented
to profit making organizations unless the profits are generated for some public or beneficial use.
Profit making organizations or civic groups may use Lessor's buildings when the primary purpose of
the event is a fundraiser in the public interest. The facility will not be used for activities detrimental
to the interest of the US Government, the State of Washington, the National Guard or its members.
23E. Lessee acknowledges the Lessee shall be solely responsible for the personal security and
protection of its employees, agents, customers, invitees, children, parents participating in Lessee's
activities, and spectators or visitors associated with Lessee's activities, including but not limited to
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personal injury, and property damage, including damage to personal property. Lessee shall be
responsible for instituting adequate security measures to accomplish such security and protection.
Lessee's obligations encompass the Leased area. Any security devices to be installed at the Premises
require the prior written consent of Lessor and shall be in conformance with Lessor's criteria, if any.
Lessee agrees to save Lessor, its agents and employees harmless from any and all liability due to any
personal injury, or property damage or loss in any way related to Lessee's security measures.
CONDENINATION CLAUSE
24. If all the Premises or such portions of the Premises, as may be required for the reasonable use of
the Premises, are taken by eminent domain, this Lease shall automatically terminate as of the date
Lessee is required to vacate the Premises and all rentals shall be paid to that date. In case of a taking
of a part of the Premises, or a portion not required for the reasonable use of the premises, then the
Lease shall continue in full force and effect and the rental shall be equitably reduced based on the
proportion by which the floor area of the Premises is reduced, such rent reduction to be effective as
of the date possession of such portion is delivered to the condemning authority. Lessor reserves all
rights to damages and awards in connection therewith,except Lessee shall have the right to claim any
relocation benefits.
NOTICES
25.Wherever in this Lease written notices are to be given or made,they will be sent by certified mail
to the address listed below unless a different address shall be designated in writing and delivered to
the other party.
LESSOR:
State of Washington,Military
Real Property Office
Camp Murray,Building 36
Tacoma, WA 98430-5013
harold.ehrlich�«-.mil.wa.�ov
253-512-1453
LESSEE:
Pasco Police Department/Ken Roske, Chief of Police
215 W. Sylvester St.
Pasco, Washington 99301
ROSKEK;r�r_..��asco-wa.;;ov
509-545-3437 Office
CAPTIONS
26. The captions and paragraph headings hereof are inserted for convenience purposes only and shall
not be deemed to limit or expand the meaning of any paragraph.
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GOVERNING LAW/VENUE
27. This Lease is to be governed by and construed in accordance with the laws of the State of
Washington. Venue of any action between parties relating to this Lease will be in Thurston County,
Washington.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names.
Pasco Police Department STATE OF WASHINGTON
MILITARY DEPARTMENT
By: By:
(signature) (signature)
Print Name: Print Name: MG Bret D. Dau�herty
Title: Title: The Adjutant General �
Date: Date:
BOILERPLATE APPROVED AS TO FORM
Brian Faller(signature on file 7/20/16)
Assistant Attorney General
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State of )
) ss.
County of )
On this day of , 20_,
before me personally appeared Bret D. Daugherty to me known to be the Adjutant General of the
Washington State Military Department that executed the within and foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said agency, for the
uses and purposes therein mentioned, and on oath stated that he was authorized to execute said
instrument.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
State of )
) ss.
County of )
On this day of , 20_,
before me personally appeared Bret D. Daugherty to me known to be the Adjutant General of the
Washington State Military Department that executed the within and foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said agency, for the
uses and purposes therein mentioned, and on oath stated that he was authorized to execute said
instrument.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
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