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HomeMy WebLinkAboutWA State Military Department - PD Readiness Center LeaseMIL#: LX23-013 State of Washington Military Department Bldg. 36, Camp Murray Tacoma, WA 98430-5013 Attn: Real Property Office Document Title: Lease Lessor: Washington State 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, THEREFORE, 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 and related uses. 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 Pasco Police Department Page 1 of 10 LX23-013 813. 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 property 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 determine 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. 1213. 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 Pasco Police Department Page 3 of 10 LX23-013 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 mediation 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 parry 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 - _ - - - S Pasco Police Department Page 5 of 10 LX23-013 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 harmless 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 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 Pasco Police Department Page 7 of 10 LX23-013 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 By: (signature) Print Name: Ken Roske Title: Chief of Police Date: 06/22/2023 STATE OF WASHINGTON MILITARY DEPARTMENT By: GAXt (signature) Print Name: MG Bret D. Daugherty Title: The Ad'utant General Date: BOILERPLATE APPROVED AS TO FORM Brian Faller (signature on file 7/20/16) Assistant Attorney General Pasco Police Department Page 9 of 10 LX23-013