Loading...
HomeMy WebLinkAboutApostolic Assembly Church - Commercial Lease 2011 Project: Lewis Street Overpass , City of Pasco Parcel Nos . : 112-036-074, 112 -036- 083 , and 112- 036-092 COMMERCIAL LEASE City of Pasco hereinafter called " City" and serving in the capacity of landlord, does hereby rent and lease unto The Apostolic Assembly of Faith in Christ Jesus, a California Corporation, hereinafter called "Tenant, " and Tenant does hereby lease from the that certain property (the Leased Premises) situated in Franklin County, Washington, and described on Exhibit "A, " attached hereto and by this reference incorporated herein : The Leased Premises, more commonly known as the Apostolic Assembly Church, consists of three parcels , totaling 21 , 000 sq ft, and including a 2 , 895 sq ft building, located at 1. 16 West Clark Street, Pasco , Washington. WHEREAS , the land and premises to be leased are not presently needed for road purposes ; and WHEREAS , the Leased Premises is to be acquired by the City for the purpose of constructing public road improvements upon the property; and WHEREAS , the City is to acquire the property from Tenant who desires to remain in possession of the Leased Premises pending the need for the possession of the property by the City for the construction of the road improvements , and the City is willing, under the tenns of this Lease, to permit Tenant continued occupancy of the Leased Premises . NOW, THEREFORE, IN CONSIDERATION of the terms , conditions, covenants , and performances contained herein , IT IS MUTUALLY AGREED AS FOLLOWS : to Term . The term of this Lease shall commence at closing, and shall terminate at midnight on the day which is six (6) months following the day of closing, unless extended or terminated by mutual agreement of the parties, as set forth in writing . 2 . Lento There shall be no rent payable for the first thirty days of this lease. Thereafter, tenant hereby covenants and agrees to pay rent for the Leased Premises to the City, in advance, on or before the 1 st day of each calendar month during the entire term of this Lease . The rental rate will be $ 750 . 00 per month., payable at the address designated by the City. 3s Rent Payment Payable To .. City of Pasco Accounts Receivable P . O . Box 293 Pasco, WA 99301 I of 10 4 . Char!e for Late Payment ffSF Checks . If any payment of rent or other sum due the City is not received by the City on or before the due date, a late charge of one percent ( 1 %) of the total rent due and unpaid plus a $ 25 . 00 administration fee will be added to the amount due, and the total sum shall become immediately due and payable to the City. Each additional month that the rent due goes unpaid shall be subject to a late charge of one percent ( 1 %) percent of the total rent due plus an administration fee of $ 25 . 00. Also , there shall be a charge for any dishonored checks including handling fee, interest, collection costs, and attorney fees as provided in RCW 62A . 3 -515 . The City and Tenant agree that such charges represent a fair and reasonable estimate of the costs incurred by the City by reason of late payments and uncollectible checks . When a delinquency exists any subsequent payment received may be applied first to the delinquency including late payment fees with the remainder applied toward rent and Leasehold Excise Tax when applicable. The City' s acceptance of less than the full amount of any payment due from Tenant shall not be deemed in accord and satisfaction, waiver, or compromise of such payment unless specifically agreed to in writing by the City. 5 . Relocation Assistance Payments . Tenant and the City acknowledge to the extent of available Federal financial assistance, the Tenant may be entitled to relocation assistance payments as authorized by Chapter 8 . 26 RCW . Application and eligibility for it shall be the sole responsibility of the Tenant, 6 . Encumbrances . It is expressly understood that Tenant shall not encumber, nor permit the attachment of any liens, claims , or encumbrances against the Leased. Premises . 7 . Use of Premises . No use other than religious purposes and associated parking is permitted without the prior written approval of the City. In. using the Leased Premises , "Tenant shall comply with all policies and regulations heretofore or hereafter promulgated by the City relative to the location, operation, and maintenance of improvements located on the Leased Premises . In using the Leased Premises , it is expressly agreed that : ( 1 } Tenant at all times must comply with all federal , City, County, and local laws, regulations, ordinances, and environmental requirements that are in force or that may hereafter be in force that affect the operations conducted on the Leased Premises , and (2) must secure all necessary permits and licenses necessary and incidental to any operation under this Lease and give all notices required by such permits and licenses . Tenant hereby agrees to hold the City harmless from all claims or suits resulting from Tenant's failure to comply with such requirements . Direct access to ramps or traveled lanes of limited access highways is not permitted . New or additional signs, display lights , or advertising media/materials are not permitted except in any interior sales areas . Tenant shall perform or cause to be performed at its expense all maintenance of the Leased Premises that will include, but not be limited to , keeping the 2of10 Leased Premises in good condition, both as to safety and appearance, to the satisfaction of the City. The City shall bear no expense in connection with any requirement of law, ordinance, or regulation, and Tenant shall indemnify and save harmless the City, any agents , officers , or employees thereof against any claims arising from any violations of any such laws , ordinances , or regulations . Tenant hereby covenants that no illegal drug activity will be conducted on the Leased Premises . Drug-related activity means any activity that constitutes a violation of Chapter 69 . 41 , 69 . 50 , or 69 . 52 RCW . In the event that Tenant violates this provision, this Lease may be terminated by the City by giving three ( 3 ) days written notice to Tenant . 8 . Environmental Requirements . Tenant represents , warrants , and agrees that it will conduct its activities on and off the Leased Premises in compliance with all applicable environmental laws . As used in this Lease, Environmental Laws means all federal, City, County, and local environmental laws , rules, regulations, ordinances , judicial or administrative decrees , orders , decisions, authorizations or permits, including, but not limited to , the Resource Conservation and Recovery Act, 42 U . S . C . § 6901 , et. seq . , the Clean Air Act, 42 U . S . C . § 7401 , et. seq . , the Federal Water Pollution Control Act, 33 U . S . C . § 1251 , et . seq . , the Emergency Planning and Community Right to Know Act, 42 U . S . C . § 1101 , et. seq . , The Comprehensive Environmental Response, Compensation and Liability Act, 42 U . S . C . § 9601 , et. seq . , The oil Pollution Control Act, 33 U . S . C . § 2701 , et seq . , and Washington or any other comparable local, City, County or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto . Toxic or hazardous substances are not allowed on the Leased Premises without the express written permission of the City and under such terms and conditions as may be specified by the City. For the purposes of this lease, " Hazardous Substances " shall include all those substances identified as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U . S . C . § 9601 , et seq . , and the Washington Model Toxic Control Act, Ch . 70 . 105D RCW , et seq ., including all amendments and/or revisions to said laws and regulations, and shall include gasoline and other petroleum products . In the event such permission is granted, the disposal of such materials must be done in a legal manner by Tenant . Tenant agrees to cooperate in any environmental investigations conducted by City staff or independent third parties where there is evidence of contamination on the Leased Premises , or where the City is directed to conduct such audit by an agency or agencies having jurisdiction. Tenant will reimburse the City for the cost of such investigations , where the need for said investigation is determined to be caused by Tenant ' s operations . Tenant will provide the City with notice of any inspections of the Leased Premises, notices of violations , and orders to clean up contamination. Tenant will permit the City to participate in all settlement or abatement discussions . In the event that Tenant fails to take remedial measures as duly directed by a City, federal , or local regulatory agency within 90 days of such notice, the City may elect to perform such work, and Tenant covenants and agrees to reimburse the City for all direct and indirect costs associated. with the City' s work where said contamination is determined to have resulted from Tenant ' s use of the Leased Premises . Tenant further agrees that the use of the Leased Premises 3of10 shall be such that no hazardous or objectionable smoke, fumes, vapor, odors, or discharge of any kind shall rise above the grade of the eight of way. For the purposes of this Lease, " Costs " shall include, but not be limited to , all response costs , disposal fees, investigatory costs, monitoring costs , civil or criminal penalties, and attorney fees and other litigation costs incurred in complying with City, County or federal environmental laws, which shall include, but not be limited to, the Comprehensive Environmental Response, Compensation , and Liability Act, 42 U . S . C . § 9601 , et. seq . ; the Clean Water Act, 33 U . S . C . § 1251 , et, seq . ; the Clean Air Act, 42 U . S . C . § 7401 , et . seq . ; the Resource Conservation and Recovery Act, 42 U . S . C . § 6901 , et . seq . ; and the Washington Model Toxic Control Act, Ch . 70 . 105D RCW, et. seq . Tenant agrees to defend , indemnify, and hold the City harmless from and against any and all claims, causes of action, demands, and liability including, but not limited. to, any costs , liabilities, damages , expenses , assessments , penalties , fines, losses , judgments, and attorneys ' fees associated with the existence of, and/or removal or remediation of any Hazardous Substances that have been released, or otherwise come to be . located on the Leased Premises , during the period in which Tenant owned or occupied the Leased Premises, by means other than the activities of the City, including those that may have migrated from the Leased Premises through water or soil to other properties, including without limitation , the adjacent City property that are caused by or result ftom Tenant ' s activities on the Leased Premises . Tenant further agrees to retain, defend and indemnify and hold the City harmless from any and all liability arising from the offsite disposal , handling, treatment, storage, or transportation of any Hazardous Substances removed from the Leased Premises . The provisions of this paragraph shall survive the termination of this Lease . 9 . Fixtures, I pr®vements, and City's Personal. Property. Tenant shall not remove any City owned materials , fixtures, or improvements, alter or make improvements to the Leased Premises unless agreed to by the City in advance and in writing, and any such materials, fixtures, and improvements not sold to Tenant by the City shall remain upon and be surrendered with the Leased Premises at the termination of this Lease, provided that Tenant' s ownership of any improvements allowed by the City will be subject to the teens and conditions of the agreement allowing the improvements . 10. Personal Property. The City shall not be liable in any manner for or on account of any loss or damage sustained to any properly of whatsoever kind stored, kept, or maintained in or about the Leased Premises, except for such claims or losses that may be proximately caused by the negligent acts or omissions of the City or its authorized agents or employees . Upon termination of this Lease or upon abandonment of the Leased Premises by Tenant, the City or its agent may remove all personal property of Tenant from the leased premises at Tenant's expense and dispose of it in any manner the City deems appropriate. Tenant agrees to reimburse the City for any costs it incurs in such removal and disposal within 30 days of the date of the City' s invoice . II . Tenant ' s Acceptance of Prenuses and Maintenance Obligations . Tenant has examined and is familiar with the conditions of the Leased Premises including the buildings , 4of10 structures, improvements , and all furnishings (if included) , and accepts them in their present "as is condition and present state of repair as part of the consideration of this Lease without any warranties whatsoever. Tenant agrees to maintain the Leased Premises, including the land, driveways , parking areas, buildings, landscaping, furniture, fixtures , and appurtenances , in a neat, clean, and sanitary condition, and, where needed , provide for snow removal . Tenant shall perform or cause to be performed at Tenant's expense all routine maintenance and day-to-day upkeep of the Leased Premises . Prior to the expiration of the Lease, the Leased Premises shall be cleared of all rubbish, debris , temporary structures, and equipment and shall be left in a condition satisfactory to the City. The cost to the City for correcting damages caused by Tenant shall be paid by Tenant. Unpaid damage charges will be referred to a collection agency. Tenant shall control noxious weeds , litter, dust, and erosion, and keep the Leased Premises in good condition, both as to safety and appearance, to the satisfaction of the City. Tenant shall not disturb the existing ground cover without City's prior approval . 12 . City ' s Reservation of Right to Maintain and Grant Utility Franchises and Permits . The City reserves the right for utility franchise and permit holders to enter upon the Leased Premises to maintain, repair and enhance existing facilities and install new utilities and, for itself, to grant utility franchises and/or pen-nits across the .Leased Premises . Such installation will be accomplished in such a manner as to minimize any disruption to Tenant. The franchise/permit holder will be required to restore paving and grading damaged by the installation. Tenant will not disturb markers installed by a franchise/permit holder and will contact and provide notice to any franchise/perinit holder and all owners of underground facilities prior to any excavation . Tenant shall contact the City and call the Underground Utility Locating Service, or its successor organization as part of its efforts to ascertain any and all owners of underground utility facilities and to locate the utility. Tenant shall not damage legally installed underground utilities . Tenant shall comply with all applicable provisions of Ch . 19 . 122 RCW relating to underground facilities . 139 Taxes, Assessments, and Utilities . Tenant agrees to pay all taxes and assessments that are the result of Tenant's use or otherwise benefit the Leased Premises and/or that may hereafter become a lien on the interest of Tenant in accordance with RCW 79 . 44 . 010 . Tenant shall pay all taxes that may hereafter be levied or imposed upon the interest of Tenant or by reason of this Lease . Tenant is responsible for and agrees to pay for utilities , including surcharges, fuel adjustments, rate adjustments and taxes that serve the Leased Premises . 14 . Construction, Repair, and Alteration. No new construction, repair, or improvement of the Leased Premises is authorized or allowed by this Lease. Nothing in this Lease shall be deemed to make Tenant the agent of the City for such unauthorized work . Tenant acknowledges that the City may not, and shall not, be subject to claims or liens for labor or materials in connection with such activities by Tenant . 5of10 Tenant shall at all times indemnify and save the City harmless from all claims for labor or materials in connection with construction , repair, alteration, or installation of structures , improvements , equipment, or facilities within the Leased Premises, and from the cost of defending against such claims , including attorney fees . In the event a lien is filed upon the leased premises , Tenant shall either: A . Record a valid Release of Lien, or B . Deposit sufficient cash with. the City to cover the amount of the claim on the lien in question and authorize payment to the extent of said deposit to any subsequent judgment holder that may arise as a matter of public record from litigation with regard to lien holder claim , or C . Procure and record a bond that releases the leased premises from the claim of the lien and froin any action brought to foreclose the lien . Should Tenant fail to accomplish. A , B , or C above within 15 days after the filing of such a lien, the lease shall be in default. 159 City ' s Right of Entry and Inspection. The City, for itself, its agents , contractors, and Federal Highway Administration, reserves the right to enter upon the Leased Premises at any time without notice to Tenant for the purpose of inspection, maintenance, construction, or reconstruction of the highway facility or any element thereof, or to perform environmental audits as provided for elsewhere in this Lease . Any loss of the use of the Leased Premises due to the City' s exercise of such right will be compensated for solely by a pro-rata reduction of rent. The City shall in no way be responsible for any incidental or consequential damages due to such loss of use by Tenant. The City and Federal Highway Administration may from time to time go upon the Leased Premises for the purpose of inspecting any construction, or maintenance work being done by Tenant. Entry upon the Leased Premises for any other purpose by the City and Federal Highway Administration shall be conducted with reasonable notice to Tenant during the hours of 8M a.m . to 5 ; 00 p .m . 169 Insurance . The Lessee shall provide a certificate of insurance showing commercial general liability insurance coverage with $ 1 ,000 , 000 . 00 minimum bodily injury and $ 500 , 000 . 00 minimum property damage limits on a per-occurrence basis . The certificate shall name City of Pasco as an Additional Insured for the duration of the Lease Agreement . Lessee shall be solely responsible for the loss , damage, or casualty to its personal property located at the Leased Premises, regardless of cause. Lessee is encouraged to secure " content ' s coverage" insurance for the Lessee ' s personal property. 179 Casualty. any City owned improvement located on said Leased Premises be substantially damaged or totally destroyed by fire, lightning, earthquake, or any other casualty 6of10 or peril , this Lease shall be deemed terminated immediately. Should fire, lightning, earthquake, or any other casualty or peril partially damage any improvements that are owned by the City and subject to this Lease, the City may elect to terminate this Lease. 18 . Mold Harmless/Indemnification Clause . Tenant, its successors or assigns , will protect, save, and hold harmless the City, its authorized agents and employees , from all claims , actions , costs , damages or expenses of any nature whatsoever by reason of the acts or omissions of Tenant, its assigns, agents, contractors , licensees , invitees , employees or any person whomsoever arising out of or in connection with any acts or activities related to this Lease, whether those claims , actions , costs , damages , or expenses result from acts or activities occurring on or off the Leased Premises . Tenant further agrees to defend the City, its agents or employees, in any litigation, including payment of any costs or attorney' s fees, for any claims or actions commenced thereon arising out of or in connection with acts or activities related to this Lease, whether those claims , actions , costs , damages, or expenses result from acts or activities occurring on or off the Leased Premises . This obligation shall not include such claims, costs , damages or expenses that may be caused by the sole negligence of the City or its authorized agents or employees ; Provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the City, its agents or employees , and (b ) Tenant, its agents or employees , or involves those actions covered by RCW 4 . 24 .115 , this indemnity provision shall be valid and enforceable only to the extent of the negligence of Tenant or Tenant's agents or employees . The provisions of this paragraph shall survive the termination of this Lease. 190 Nondiscrimination , Tenant, for itself, its successors , and assigns as a part of the consideration hereof, does hereby covenant and agree to comply with all civil rights and antidiscrimination requirements . 20 . Modifications . This instrument contains all the agreements and conditions made between the parties hereto pertaining to the rental of the Leased Premises herein described and may not be modified orally or in any manner other than by an agreement in writing signed by all parties thereto . The receipt of rent by the City, with knowledge of any breach of this Lease by Tenant, or of any default on the part of Tenant in the observance or performance of any of the conditions or covenants or this Lease, shall not be deemed to be a waiver of any provision of this Lease . No failure on the part of the City to enforce any covenant or provision herein contained, nor any waiver of any right thereunder by the City, unless in writing, shall discharge or invalidate such covenant or provision or affect the right of the City to enforce the same in the event of any subsequent breach or default. 21 . Totality of Agreement. It is understood that no guarantees , representations , promises , or statements expressed or implied have been made by the City except to the extent that the same are expressed in this Lease. 22 . Bludine Contract. It is understood that this Lease shall not be valid and binding upon the City unless and until accepted and approved by the City Manager of the City of Pasco or his duly authorized representative. 7of10 239 Interpretation. This Lease shall be governed by and interpreted in accordance with the laws of the State of Washington . The titles to paragraphs or sections of this Lease are for convenience only and shall have no effect on the construction or interpretation of any part hereof. 24 . Severability. In case any one or more of the provisions contained. in this Lease shall for any reason be held to be invalid, illegal , or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Lease shall be construed as if such invalid , illegal or unenforceable provision had never been contained herein. 25 . Venue. Tenant agrees that the venue of any action or suit concerning this Lease shall be in the Franklin County, and all actions or suits thereon shall be brought therein, unless applicable law provides otherwise . 269 Attorneys ' Fees . In the event of any controversy, claim , or dispute arising out of this Lease, each party shall be solely responsible for the payment of its own legal expenses , R ncluding but not limited to , attorney ' s fees and costs . 27 . Notices . Wherever in this Lease written notices are to be given or made, they will be served , personally delivered or sent by certified or overnight mail addressed to the parties at the address listed below unless a different address has been designated in writing and delivered to the other party. Tenant agrees to accept service of process at said address ; Provided that such address is located in the State of Washington . Otherwise, Tenant designates the Secretary of the State of Washington as an agent for the purpose of service of process . Such service shall be deemed personal services . CITY : City Manager City Of Pasco P . O . Box 293 Pasco , WA 99301 TENANT : The Apostolic Assembly of Faith in Christ Jesus Attn : Nat Oeboa 10807 Laurel Street Rancho Cucamonga, CA 91730 8of10 Signatures : Accepted and Approved : The Apostolic Assembly of Faith City of Pasco Christ Jesus sy: Gar Crutchfield. Manager Dated : -_ i / Dated : lye 4 t4 9 of 10 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of t A O On before me , 2 `e- yi CC.... ` �� n � `Z_ ct—u C'y ( '�? ! Date Here Insert Na and Title of the Officer. G i " -k 3 personally appeared �•. . ' - C � \j Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person (s) whose names is/are_subscribed to the within instrument and acknowledged to me that he/she/tom executed the same in his/her/their authorized capacity( ies) , and that by his/her/their signatures on the RENA D. GONZALEZ instrument the person (s) , or the entity upon behalf of Commission # 1883966 z which the per�so_n (s ) acted , executed the instrument . Notary Public - California z San Bernardino County = 1 certify under PENALTY OF PERJURY under the laws Comm. Ex Tres Mar 25 , 2014 t of the State of California that the foregoing paragraph is true and correct . WITNESS and and official seal . Signature Place Notary Seal Above Signature of Notary Public E OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document : t'7� f r Document Date : Number of Pages : 1 Signer(s) Other Than Named Above : Capacity( ies) Claimed by Signer(s) Signer's Name : Signer's Name : ❑ Individual ❑ Individual ❑ Corporate Officer — Title (s) : ❑ Corporate Officer — Title (s) :"Ire on❑ Partner — ❑ Limited ❑ General _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact 91111611C1 ,114M ❑ Attorney in Fact El Trustee ❑ Trustee Top of thumb here Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other : ❑ Other : Signer Is Representing : Signer Is Representing : @2007 National Notary Association • 9350 De Soto Ave. , P.O. Box 2402 • Chatsworth , CA 91313-2402 • www. NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 STATE OF WASHINGTON ) County of ) I certify that I know or have satisfactory evidence that is/are the person (s) who appeared before me, and that said pers s) ackn wledged that he/she/they signed this instrument and acknowledged it to be his her/their free and voluntary act for the uses and purposes mentioned in the instrument . DATED this day of , 20J L�. 7U t3 ru3 z UtV � (Print Name) TC � L 11 4 n � s Zoe P U B1440 e Notary Public i and or e Statep f Washington ` fA � �Qr �'` Residing at �C�- --- �V 1414 ti`s My Appointiilent Expires : (� 0FF VGA ya STATE OF WASHINGTON ) County of _ ) I certify that I know or have satisfactory evidence that is/are the person(s) who appeared before me, and that said person(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. DATED this day of , 20 (Print Name) Notary Public in. and for the State of Washington Residing at My Appointment Expires : 10 of 10 Exhibit "A" Legal Description of Leased Premises Lots 7 , 8 and 9 , Block 3 , NORTHERN PACIFIC RAILROAD COMPANY ' S PLAT OF PASCO , according to the Plat thereof recorded in Volume "B " of Plats , Page 32A , records of Franklin County , Washington .