HomeMy WebLinkAboutBenton Franklin Head Start - Lease MLK Community Center MARTIN LUTHER KING COMMUNITY CENTER
MUNICIPAL LEAS11 -E- AGREEMENT
THIS AGREEMENT made on Qt rK 2010, between the City a Pasco,
a municipal orporation of the State o£ Washingto located irl the County of Fra lira,
hereinafter raf¢rred to as "Lessor", and Benton-Franldv-xi Head Stan, a noaproflt corporation o£
the State o£ Washington, hereinafter referred to as "Lessee", both sometimes referred to as
"Parties."
IN CONSIDERAT[ON or the mutual covenants herein set out, the Parties agree as
follows:
L Description or Premises. I-esscy hereby leases to Lessee approximately 4,800
square feet of space, as shown a the attached Exhibit "A", at the Martin Luther King
Community Center, more specifically described as follows:
The Martin Luther King Cca rnunity Center located at 205 South Wehe
Street, Pasco, Washington, which is situated in the portion of the NW VA o£
the SW '/., Section 28, T20N, R30E.W.M.
2_ T¢rm_ This lease shall c a Octcbcr 1 , 2010, f r a term of sixty (60)
months expiring on September 30, 2015. I-essec shall have the option to renew the lease ter
�_. periods of the same duration upon giving written notice to the Lessor of its intent to exercise the
option at least n arty (90) days before expiration of the lease term and upon agreement between
Lessor and Lessee o£the appropriate monthly rent during the renewal tenri of the lease.
Either party may terminate this lease prior to the expiration o£ any lease term by giv rig
the other party one (1) year advance notice of their intent to terminate the lease.
3_ Rent- Lessee shall pay Lessor for the ase of the premises the arnc,runt of
$2, 120.00 per month £or the year 2010; $2, 162.40 per month for the year 2011 ; $2,205 .65 per
month for the year 2012: $2,249.76 per month for the year 2013 ; $2,294.76 per month for the
year 2014; and $2,340.66 per month for the year 2015, payable on the first day of each month
and sent to:
City of Pasco
PO Box 293
Pasco WA 99301
There will he a late collection charge o£ $50.00 for any delinquent rental payment not
delivered to the Lessor on or before the 5`h day of each month during the term of this Agreement,
and shall bear interest at the rate of 1 i percent per month until paid in full.
Leasehold excise tax is levied pursuant to Chapter 82.29A RCW. The Lessee shall
faithfully pay this tax when due unless Lessee provides the Lessor with proof o£ exemption from
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the Washington State Department o£ Revenue_ If the leasehold excise tax levy changes during
�- the term of this Agreement, the tax payable hereunder shall, likewise, be correspondingly
changed.
In the event that the monthly operating costs to the Lessor inerease by ten percent ( lo%�
er more during the term of this lease, the additional operating costs shall be passed onto the
Lessee by an in the monthly rental equal to the inerease in operating cost Operating
osts include m atenance services, utilities and other direct out-o8-the pocket expenses of the
Lessor for maintenance and operation of the Martin Luther King Community Center facility.
4_ ""jet Eniuv - Lessor covenants and agrees that the Lessee shall lawfully,
peacefully, and quietly hold, occupy and cagey the leased premises during the term o£ the lease
without objection er-
5- Use or tit¢ Leas¢ Pr¢mis¢s. Lessee agrees that the leased premises shall be used
by the Lessee exclusively as a presebeel {or early childhood education and related activities.
Such use shall con{rm with applicable City ordinances and State and Federal laws. No other
usage of the building shall be allowed unless prior written consent is obtained from the City
Manager, which shall be granted er not granted at the absolute discretion of the City, it being
understood that it is the purpose of the City to maintain the neighborhood and preserve the
building.
When available, the Lessee may use the playground and gym located ea the premises,
�.. such uses to be supervised by Lessee and wbolly the responsibility, o£ Lessee_ Lessee's use o£
the playground and gym shall be c erdinated with the Lessor's designee as nceessary to allow
Lessee's use of the playground and gym by 1-e ssee when such facilities not required for
Lessor's purposes, including the recreational programs and activities sponsored by the YMCA at
the Martin Luther King Community Center.
In such event, Lessee shall not discriminate against any persem on the basis o£ raee, color,
religion, age, s , national origin, or physical handicap, and further understands and agrees to
comply with the City's Nondiscrimination in Community Athletics Policy and with the Fair Play
is Community Sports Act.
Lessee agrees to m intaia a sale e - nmeni for all participants in such playground er
gym n
Facilities. In the event the Lessee suspects a youth participant has sustained an injury,
eluding but not limited to concussion er other head injury, the youth participant shall be
rennctiea from participation immediately and the participant's parents er guardians shall be
contacted immediately. in the a ern o£ an emergency relating to the health and safety of a
participant, Lessee shall call 91 1 and report the emergency immediately.
Lessee shall note ea the posted r upaacy signs posted for fire safety, nor shall
any flammable materials or open flames be permitted within the premises.
6. Ace¢otanee by L¢sa¢¢_ Lessee has inspected and knows the condition of the
- premises and accepts the same to their present condition (subject to ordinary wear, tear and
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deterioration in the a rat the term commences after the date bereo{ and to the rights o{ present or
former occupants, i£ any, to remove movable property), including the interior surfaces o{ exterior
walls.
'1. Lessor's Ri¢bt or Entrv. Lessor er Lessor's agent may enter the premises at
reasonable boors toe a the same, to do anything Lessor may be required to de hereunder or
which Lessor may deem necessary For the good o{ the premises.
S. Ma:nt¢nane¢ and Imo v¢ments by Lassa¢. Lessee shall take good care of the
premises and the equipment and fixtures therein. At the expiration of the term, Lessee shall
Wrier the premises broom clean, irt as good condition as the reasonable use therao£ will
permit All damage or injury to the leased premises not caused by fire and other casualty, s set
forth is Section 14 bereo£ and all damage to glass shall be promptly repaired by the Lessee a
All improvements to the leased premises made by the Lessee shall be first approved by
Lessor. All building repairs, alterations, additions, improvements, installation, equipment and
fixtures, by whomsoever installed <>r erected (except such bit s trade fixtures belonging to
Le a as can be removed without damage to or leaving iaec>rriplete the premises or building)
shall belong to Lessor and re and be sarrertctcrea with the premises as part thereof, at the
xpiratiori o£ this lease or any extension thereof.
9. Utilities and Custodial Services. Lessor shall £ish and pay £or all electricity,
gas, water, fuel, or any utilities used in er assessed aga ast the premises, Iraless
�_. otherwise herein expressly provided. Lessor shall also be responsible for removal o£ garbage
from the leased premises.
Lessee shall be responsible for ebarges billed to Lessor {or "false alarrrvs" on the premises
s�eririty system when such charges are irteurrea as it result o£ Lessee's failure to properly disarm
system during use of the premises by Lessee.
Lessee will provide, at its own expen , ustodial services for the premises leased herein.
10. Siana and Advertisements_ Lessee shall not put upon acir permit to be put upon
any part o£ the premises, any signs, billboards, or advertisements whatever, without the prior
written approval o{the City Manager.
11 . Ind¢mnity/FIold Harmless. Lessee shall de{rid, indemnify, and hold harrvtless
the Lessor, its efRCers, officials, employees and volunteers from and against any and all claims,
uits, actions, or liabilities £or i jury er death of any person, or {or loss or damage to property,
which an ut of Lessee's use of pre r from the conduct o£ L¢ s business, or t{om
any activity, work or thing done, permitted, o suffered by Lessee i eabout the premises,
xcept only such i jury er damage as shall have been occasioned by the sole rieb'ligence of the
Lessor.
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12. Iv urance. The Lessee shall pveevtre and maintain for the duration o£ the
Agreement, i against claims for i juries to persons or damage to property which may
arise 8om er ian comveetion with the Lessee's operation and use o£ the leased premises.
A. Minimum Scone or Insurance. Lessee shall obtain insurance of the types
described below:
(1 ) Commercial General Liability insurance shall be written en
Insurance Services Office (ISO) o e form CG 00 01 and shall
premises and ratxaetual liability. ccLe shall be ed insured V
Lessee's Commercial General Liability si anee polity usitags ISO Additio al
Insured-Managers Lessors of Premises Form CG 20 1 I or a substitute
endorsement providing equ va ent coverage.
(2) Property insurance shall be writteta en an all risk basis.
B. Minimum Amounts or Insurance. Lessee shall maintain the following
insurance limits:
(1 ) Commercial General Liability shall be writtera with
limits no less than $ 1 ,000,000 each occurrence, $2,000,000 general aggregate.
(2) Property irtstvratacc shall be written c irag the full value o£
Lessee's property and improvements with no coinsurance provisions.
C. Other Insurance Pro sions. The insurance policies are to contain, or be
endorsed to contain, the follewinig provisions £or Commercial General Liability
insurance:
(1) The Lessee's insurance c rage sball be primarily insurance as
respects the Lessor. Any htsurance, self insurance, o anee pool coverage
maintained by the Lessor shall be excess of the Lessee's rinsuta ee and shall not
comribute with it.
(2) The Lessee's - shall be emaeYsecl to state that o rage
shall not be c celled by either party, a eept after thirty (30) days prIerwritten
notice by certified mail, return receipt requested, lass been given to the Lessor.
D. Acceotability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating erroot less than A:VIl.
E. Verification o£ Ce Lessee shall h=nisb the Lessor with erightal
certificates and opy o£ the a chxtory ndorsements, eluding but not arily
limited to the additional insured endorsement, evidencing the insurance requ remcats o£
the Lessee.
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F. Waiver o£ Sahnaeation. Lessee and Lessor hereby release and discharge
_- acb other fiom all claims, losses, and liabilities ar mg Horn or caused by any hazard
covered by property insurance o connection twitlt the premises cr suid building.
This release shall apply only to the extent that such claim, loss or liability is covered by
insurance.
G. Lessor's pronertv Iusurance. Lessor shall purchase and runintain during
the term o£ the lease all-risk property insurance covering the buildings £or their full
replacement value without any coinsurance prc visiorts.
Lessee shall comply with all iusuramee regulations so that the lowest tire, lightening,
explosion, extended coverage, and liability insurance rates may be obtained. Nothing shall be
done or kept i r on the premises by Lessccwhich will cause an increase in the premium Foy
any such insurance o£ the premises er o n any building o£ which the pramis s are a part cr on any
contents located therein, over the rate usually obtained for the property use o£ the premises
permitted by this lease or which will cause cancellation o£ any such insurance.
In the e
to the Lessee's use of the premises is responsible £or increase the
insurance rates on the building o£ which the pre a part, then to unchcvcnt, Lessee
agrees to pay any resulting irxeyense in premiums en such building.
13. Dmmnse to Proncr on Pr¢mises. Lessee agrees that all property cr every kind
and description kept, stored, or placed in n the premises shall be at Lessee' s sole risk and
�- hazard and that Lessor shall not be responsible £or any loss or damage to any o£ such property
resulting from IIrc, explosion, water, steam, gas, electricity, er the elements, whether cr not
riginating in the premises, caused by or $om leaks er defects in r braalcdowa o£ plumbing,
piping, -ng, hearing, er any other facility, equipment, er fixtures or any other c r act
except resulting from the gross negligence of Lcsscr er anyone for whom Lessor ay be
responsible.
14. Damae¢ by Casualty. In case the leased premises shall be destroyed cr shall be
o damaged by fire er other casualty, as to become uateaaratable, then in such event, at the option
o£ the Lessor, this lease shall terraiante from the date o£ such damage or destruction and the
I-essee shall ittnucaiately surrender such pre and all interest therein to Lessor, and Le
shall pay rent only to the time of such surrenders Lessor shall a cise such option to terminate
this lease by notice in writing delivered to Lessce within ten ( 30) days after such damage o
destruction. In cuse Lessor shall not elect to terminate this lease, in such event, this lease shall
continue in full jE6rcc and e££ect and the Lessor shall repaiy the leased premises with all
reasonable promptitude, placiug the same in as good a cnuditicn as they were at the time o£ the
damage or abate in proportion to the extent and duration o£ untertantability. In either vent
Lessee shall remove all rubbisb, debris, merchandise, furniture, equipment, and other personal
property, within ten (10) days after the request o£tbe Lessor. I£ the leased premises shall be only
slightly injured by fire cr the elements, s not to render the surne untcuantable and urtt£t by
cupancy, then the Lessor shall repair the surne whhiu a reasonable time, and in that cuse the
rent shall not abate. Nu compcasation er claim shall be made by cr allowed to the Lessee by
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r-cascat o£ any inconvenience o y araveyance ax&isiag From the necessity of rcpairiug any portion o£
--- the building or the leased premises, however, the rtcecssity may occur-
Is- Publie R¢ou ¢uts_ Lessee shall c mply witty all laws, orders, ordinances, and
otber public requirements a m r berealler affecting the prcruiscs or the use thereof, and save
Lessor barmless from expense or damage resulting from {ilurc to do se. The le ca preises
are not exempted gout compliance with z ug or auy other m cipal codes er ord m
inances nor
from any other requirements of law due to title being iu the rrartte of the City.
16_ Ass eut or Subl¢as¢_ I-csscc shall not assign transfer, er encumber this
lease and shall not sublease the premises or auy part thereof or allow any other person to be iu
possession thereof without the prior written consent of the Lessor.
10_ Su rrend¢r at Eud or T m_ At the expiration of the term of this lease, the
I-essur er his agent shall have the rigbt to enter and take possession of the leased premises, and
the Le see agrees to deliver the same witbout process of law. lire Lessee shall be liable to
Lessor fur any loss or damage, including attorney's fees and court costs incurred, as a result of
Lessee's failure to comply with this obligation.
18_ Huldiue Over_ Any holding o r by Lessee after the expiration of the terrtt of
this lease o any extension thereof shall he ceastracd to be a tenancy from ru utb to ru nth at a
outhly rental equal to one hundred percent ( 100% ) of the rent payable durius the last n oath
irr�raeaiately prior to the expiration erthe term and shall be subject to the terms and c editions of
this agreement. Nothing herein set out shall be construed to authorize any such holding over.
19. Dcrautt_ IF default is made in the payment of any iastallrncut of rent on the due
date thereof, or if i-esscc shall detault in the performance er any other agre nt (otber than
payment of rent) continuously for ten ( 10) days after written notice thereof, or if the premises be
vacated ur abandoned, then in any such event this lease shall terminate, at the option of Lessor,
and Lessor may re-enter the prcruiscs and take possession thereof, with o r without legal process
being bereby expressly waived, and upon such entry, as aforcsaxd, this lease shall terminate and
the Lessor may exclude Lessee from the premises, changing the lock on the door or doors if
deemed n scary, without being liable to Lessee for any damages or for prosecution tbarcfor.
Lessor's rights ia sach a cut may be enforced by action ia unlawful detainer o otbar proper
legal action, and the Lessee expressly agrees, notwahstandirtg terntivatiort of this lease and re-
entry by the Lessor that the Lessee shall r-cruairt liable for a sum equal to the entire rental payable
to the end of the term er this lease and shall pay any loss or deficiency sustained by the Lessor on
aeceant of the premises being let for the rcruatudcr o£ the original term For a less sum than
before Le r agent for Lessee witbout notice may re-lct the leased pre any part
thereof for the re aiudcr of the term or for any longer or shorter period as opportunity may offer,
and at such r rttal as ay be obtained and Lessee agrees to pay the ditlerence between a sum
m
equal to the a uru r rcpt payable during the r order of the term and the net rent actually
�ecivca by the Lessor during the term after deaucting all expenses o£ every kind for repairs,
recovering possession, and re-letting the s which ditterertee shall accrue and be payable
otably. All property of the Lessee which i s may hereat3er be at arty time during the
term o£ this lease in or upon such preavises, wbetber exempt from execution or not, shall be
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bound by and subject to a lien for the payment o£ the rent hereirt ycseruca, and for any damages
arising from any breach by the Lessee o£ any o£ the covenants cr of this lease to be
performed by Lessee. In the event of default by Lessee in the payment of rent o otberwisc,
Lessor may foreclosure such lien and take possession of such property or any part thereof and
sell cr cause the sarae to be sold, at such place as Lessor may elect, at public or private sale, witb
or witbcut notice, to the highest bidder for cash, and apply the proceeds of such sale to pay the
costs of taking possession of and selling such property, and then toward the debt and/or damages
as aforesaid. Any a of the proceeds of the salt o uch costs, debt, and/or damages shall
be paid to Lessee. Any such sale shall bar any right of rcdemptioa by Lessee.
20_ Wa " he rights and remedies of the Lessor under this lease, as well as those
provided or accorded by law, shall be cumulative, and aeue shall be exclusive of any other rights
ur medics hereunder cr allowed by law. A waiver by Lessor of any breach or breaches, default
r defaults, cf Lessee hereunder shall not be deemed or c nstrued to be a continuiag w of
such breach of default nor a of or permission, expressed o mplied, for any subsequ at
breach or default, and it is agreed that the acceptance by Lessor tof any installment of reat
ubsequeat to the date of same should bave been paid hereunder, shall ia uc, manner alter or
affect the c ant and obligation of Lessee to pay subsequ ut installments of r ut promptly
upon the due date th¢rcof. No receipt o£ money by Lessor after the termination in any way of
this lease shall re-instate, coutin e, or exterad the term above demised.
21. BanKruotcv_ Ncbber this lease cr any interest therein any estate hereby
reated shall pass to any trustee or reecicer ia bankruptcy or to any other receiver o y assiguee for
the benefit of creditors by operation of law during the term of this lease or any renewal thereof
22. Eucumbranc¢s_ Any assigrutient, transfer or conveyance by Lessee of any
property rights arising out ofthis lease shall aet cueurnbey, alienate, diminish, cloud, or impair in
any way the title ownership and interest of the City is and to sucb property.
23_ Notic Any notice hereunder shall be s"ITicieut if scat by registered or certified
mail, addressed to Lessec and Lessor at the Following:
Lessee
Benton-Franklin Head Start
1 549 Georgia Ave SE Suite I3
Richland WA 99352
Lesser
City o£ paseu
R0 Box 293
Pasco, WA 99301
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in
the U. S. mails, with proper postage and properly addressed.
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24. Cov¢nattts to Run with the Pr¢mis¢s_ The covenants herein contained shall run
�_-- with the premises hereby let and bind the heirs, enters, administrators, assigns, and
successors o£ the Lessor and I-essee respcctively- Co rat of Lessor to assignm nt, and
acceptance ofrent Item assignee o£ the Lessee shall not release the Lessee from his obligation to
pay rent and comply with other conditions of this lease.
25_ General Pr For the purpo o£ this Agreement, time is of the a ce.
In the a ent o£ a dispute regarding the enforcement, breach, default or interpretation of this
Agreement, the parties shall first meet in a good faith effort to Ycscilve such dispute. In the event
the dispute cannot be resolved by agreement of the parties, said dispute shall be rc,scilvea by
arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MARj;
Shall be placed in Franlclia County, Washington, the laws of the State o£ Washington shall
apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs.
In the event any provision of this Agreement is deemed to he unen{rceable, the other
provisions efthe Agreement shall remain in full force and effect.
26. EuHr¢ Aa cement. This Agre nt contains the entire agreement between the
Parties, and no modification of this Agreement shall be binding upon the parties unless evidences
by an agreement in writing signed by the Lessor and the Lessee titter the date hereof
II WITNESS WHEREOF, the Parties have executed this Agreement en the date and
year first written above.
C ITV OF P CO BENTON-FRANKLiIV HEAD STAR
By: By:
Gary`�7 tchfaeld, ager Ja - mcy, Executive Director
APPROVED AS TO FORM
By:
Leland B. K n, City tt rney
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STATE OF WASHINGTON )
County o£ Frartklin � s
On this day personally appeared before me GARY CRUTCHFiELD, City Manager for
the City of Pasco, to be known to be the individual described in and who executed the within and
foregoing instnnttent, and acknowledged that he signed the same as his free and voluntary act
and deed For the uses and purposes therein mentioned.
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to or m 04geo
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-u5( i° y hand and official seal this day o£ I - 2010.
PUSLIC
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•-_�_, _ NOTARY PUBL and fo the Statc o Washington
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STATE OF WASHINGTON )
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On this day personally appeared before me JAMES SKU , Esecutivc Director of
Benton-Fra lin Head Start, to he known to be the individual described in and Who cscentca the
within and foregoing instrument, and acknowledged that he signed the same as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this d^ay o£ iD C.4- kj r , 2010-
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S •�P� :'9°� NO�£ARV PUBLIC i d F r tha State of Washington
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