HomeMy WebLinkAboutAnimal Control Shelter Lease and 1st Amendment to Lease LEASE
Animal Control Shelter
Date: �./iu_ < :, 4"7 12001,
The City of Pasco, hereafter referred to a "Landlord", hereby leases individually to the City of
Pasco, a Washington municipal corporation, the City of Kennewick, a Washington municipal corporation,
and the City of Richland, a Washington municipal corporation, and to the Tri-City Animal Control
Authority, an unincorporated association composed of the City of Pasco, the City of Kennewick, and the
City of Richland, collectively referred to hereafter as "Tenant", and Tenant hereby leases from Landlord,
that certain real property located at 1312 S. 18th Avenue, Pasco, Franklin County, Washington, and
legally described as Lots 1 through 36, Block 7, Oakley's Riverfront Addition, according to Franklin
County's Auditor's Records of Plats, Volume B, Page 34, according to the records of Franklin County,
Washington. The leased premises consist of approximately 90,600 square feet of land together with all
improvements thereon, including a metal building of approximately 7,000 square feet; a concrete block
building of approximately 1 ,020 square feet and a storage building of approximately 576 square feet and
appurtenances thereto and a paved parking lot and landscaping. Tenant and its agents, licensees,
employees, business invitees, customers and patrons shall have the right to the use and enjoyment of and
of access to and from the Premises including the use of driveways and vehicle parking areas.
Section 1. Occupancy.
1 . 1 Term. The term of this lease shall commence upon the effective date hereof and shall
end at midnight on December 31, 2016 unless sooner terminated as hereinafter provided.
Tenant shall have the right to terminate this lease effective at midnight on any of the following
dates, provided, that Tenant shall first give written notice of its intent to terminate at least 12 months prior
to the effective date of said termination:
Optional Termination Dates
December 31 , 2007
December 31 , 2010
December 31 , 2013
Landlord may terminate this lease after December 31 , 2006 by providing Tenant with 12 month's
prior written notice of its intent to terminate this lease.
1 .2 Should the City of Pasco withdraw as a member of the Tri-City Animal Control
Authority prior to December 31 , 2007, the cities of Richland and Kennewick shall have the opportunity to
terminate this lease agreement.
1 .3 Possession. Tenant's right to possession of the Premises shall commence on the effective
date hereof.
Section 2. Rent.
Tenant shall pay to Landlord as rent, $1 ,950 per month. Rent shall be payable on the first day of
each month in advance at such place as may be designated by Landlord.
Section 3. Use of the Premises.
3 . 1 Permitted Use. The Premises shall be used for animal control operations conducted for
the cities of Pasco, Washington, Kennewick, Washington and Richland, Washington pursuant to
1
enforcement of Tri-City Animal Control Authority agency ordinances and for no other purpose without
the written consent of Landlord.
3.2 Restrictions on Use. In connection with the use of the Premises, Tenant shall:
(a) Conform to all applicable laws and regulations of any public authority affecting the Premises
and Tenant's use thereof.
(b) Refrain from any activity (other than those activities within Tenant's normal and customary
course of conduct) that would make it impossible to insure the Premises against casualty, or that would
substantially increase the insurance rate.
(c) Refrain from any use that would tend to create a nuisance.
(d) Refrain from loading the electrical system or floors beyond the point considered safe by a
competent engineer or architect selected by Landlord.
(e) Not cause or permit any Hazardous Substance to be spilled, leaked, disposed of, or otherwise
released on the Premises.
(f) Not cause or permit litter, garbage or other refuse or debris to accumulate on the Premises
except in suitable garbage containers.
Section 4. Repairs and Maintenance.
Tenant shall be responsible for all repairs and maintenance necessitated by its use and occupancy,
including, but not limited to the following:
(a) Repairs of the roof and gutters, exterior walls, bearing walls, structural members, floor slabs,
and foundation.
(b) Repair of exterior water, sewage and electrical services up to the point of entry to the
Premises.
(c) Repair of the heating and cooling system.
(d) Repair of interior walls, ceilings, doors, windows, and related hardware, light fixtures,
switches, and wiring and plumbing.
Section 5. Alterations.
5. 1 Tenant Alterations Prohibited. Tenant shall make no improvements or alterations on the
Premises of any kind without first obtaining Landlord's written consent. All alterations shall be made in a
good and workmanlike manner, and in compliance with plans submitted to and approved by the Tenant,
applicable laws and building codes.
5.2 Ownership and Removal of Alterations. All improvements and alterations performed on
the Premises by either Landlord or Tenant shall be the property of Landlord when installed unless the
applicable Landlord's consent specifically provides otherwise. Improvements and alterations installed by
Tenant shall, at Landlord's option, be removed by Tenant and the premises restored, at Tenant's expense,
unless the applicable Landlord's consent specifically provides otherwise.
2
Section 6. Insurance and Indemnity.
6. 1 Landlord's Obligation. Landlord shall keep the Premises insured, at Landlord's expense,
against fire and other risks covered by a standard fire insurance policy with an endorsement for extended
coverage. Landlord is under no obligation to insure any of Tenant's personal property located on the
Premises.
6.2 Tenant's Obligation. Each of Tenant's member jurisdictions shall indemnify and defend
Landlord, its officers, officials, employees and volunteers from claims, losses and liabilities arising out of
the member jurisdiction's use of the Premises, or from the conduct of its employees and agents occurring
on or about the Premises.
6.3 Waiver of Subrogation. Landlord and Tenant hereby release each other from all claims,
losses and liabilities arising from or caused by a hazard covered by, or which could be covered by,
property insurance on the Premises.
Section 7. Utilities.
Tenant shall provide to the Premises, at its own expense: electrical service; heating and cooling;
garbage disposal services; janitorial services; and security services, as needed.
Section 8. Damage Or Destruction.
If the Premises are damaged or destroyed in whole or in part, Landlord may, at its option, elect to
terminate this tenancy. If the Landlord elects to repair the Premises, rent shall be abated during the repair
of any damage to the extent the Premises are untenantable, except that there shall be no rent abatement
where the damage occurred as the result of the fault of Tenant.
Section 9. Quiet Enjoyment.
Landlord agrees that so long as Tenant observes and performs all of the agreements and
covenants required of it hereunder, Tenant shall peaceably and quietly have, hold and enjoy the Premises
for the lease term without interference by Landlord.
Section 10. Surrender At Expiration.
Upon expiration of the lease term or earlier termination as provided herein, Tenant shall surrender
the Premises in the same condition as at the commencement of the lease, reasonable wear and tear
excepted.
Section 11. Default.
Tenant shall be in default of this lease if it fails to comply with any term or condition or fulfill
any obligation of the lease. In the event of a default, this lease may be terminated at the option of
Landlord by written notice to Tenant. Whether or not the lease is terminated by the election of Landlord
or otherwise, Landlord shall be entitled to recover damages from Tenant and Landlord may retake
possession of the Premises, and reserves any other remedy available to it under the applicable law.
3
Section 12. Miscellaneous.
12. 1 Non-waiver. Waiver by Landlord of strict performance of any provision of this lease
shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in
the future or of any other provision.
12.2 Notices. Any notice required or permitted under this lease shall be given when actually
delivered or 48 hours after deposited in United States mail as certified mail addressed to the address first
given in this lease or to such other address as may be specified from time to time by either of the parties
in writing.
12.3 Recordation. This lease shall not be recorded without the written consent of Landlord.
12.4 Entry for Inspection. Landlord shall have the right to enter upon the Premises at any time
to determine Tenant's compliance with this lease, to make necessary repairs to the building or to the
Premises, or to show the Premises to any prospective Tenant or purchaser, and in addition shall have the
right, at any time during the last two months of the term of this lease, to place and maintain upon the
Premises notices for leasing the Premises.
12.5 Interest on Rent and Other Charges. Any rent or other payment required of Tenant by
this lease shall, if not paid within 10 days after it is due, bear interest at the rate of 12% per annum (but
not in any event at a rate greater than the maximum rate of interest permitted by law) from the due date
until paid.
12.6 Proration of Rent. In the event of commencement of this lease at a time other than the
beginning of the specified rental period, then the rent shall be prorated as of the date of commencement.
12.7 Time of Essence. For the purposes of this lease, time is of the essence. Should any
dispute arise concerning the enforcement, breach or interpretation of this lease, venue shall be placed in
Franklin County, Washington, and the laws of the State of Washington shall apply.
12.8 Rules and Regulations. Tenant shall observe reasonable Rules and Regulations
established and amended by Landlord for the Premises from time to time upon 30 days advance, written
notice from Landlord to Tenant.
12.9 Assignment. Tenant shall not assign or transfer this Lease.
12. 10 Each City, individually, as a member of the Tri-City Animal Control Authority, agrees to
be bound by the terms of this agreement irrespective of the terms of the Interlocal Cooperative Agreement
between the Cities of Pasco, Kennewick and Richland, Washington, for Animal Control dated March 16,
1998, which allows for the withdrawal or termination of the authority prior to the expiration of the
original or an extended term of this Lease.
L Dkq RD:
City Basco
r '
2001
G teld, City anager
4
TENANT :
Tf City A I Control Authority
j ?TIFIED (4 , 2001
AND 7Ap%p40ZVED BY:
City o Masco APPROVED AS TO FORM:
Gar Crutph4e d, City anager City Attorney
j
� � lq , 2001
City of Kennewick APPROVED AS TO FORM :
22A
Ro {ert Kelly, CuWanager City Attorney
, 2001
it "`-of(R(chhnd APPROVED AS TO FORM:
Jon C. Darrington, y Manager City Attorney
7/4�� , 2001
5
STATE OF WASHINGTON )
ss.
COUNTY OF FRANKLIN )
I certify that I know or have satisfactory evidence that Gary Crutchfield is the person who
appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to
be his free and voluntary act far the uses d urposes mentioned in the instrument.
Dated this �— day oft, 2001 .
Signature of Notary �J
2Uryk
�p Oy Fxp F� Print or stamp name of Notary
y� Notary Public for the State of
007Agy ^ W m�gton, residing at
V� "U81 \�' s
yr� g9pH s 2°� 0�0 My appointment expires
OF WASN��
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that 2� o Tenant) is the
person who appeared before me, and said person acknowle ed that he signed is instrument and
acknowledged it to be his frig and volupary I4ct for the uses and purposes mentioned in the instrument.
Dated this c'` ' �L day of < t = - X2001 .
c� F
Signature of N Nary i
•,•` yN A Print or stamp name o ary
C Notary Public for the State of
I OJ = Was ington, residing at
NOTARY
_ y0 _
PUBLIC '
0 I My appointment expires �� d
" 9 2a -o",, t .
OF
"''••, , , , 111
6
STATE OF WASHINGTON )
, ����� �� gg ss.
COUNTY OFr � )
I certify that I know or have satisfactory evidence that kAa (City of Pasco) is
the person who appeared before me, and said person acknowl ged that he signed this instrument and
acknowledged it to be his free and volun ry ct for the uses and purposes mentioned in the instrument.
Dated this day of , 2001 .
Signature of Nln-ateoif
ZU NkE q Print or stamp Notary
Notary Public for the State of
�01 AR V Was 06 residing ati
Z PUBV\Go° JO
m9 gACH 9 \�U My appointment expires b �
lF OF V4
STATE OF WASHINGTON )
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that R"-'" KAL I— (City of
Kennewick) is the person who appeared before me, and said person acknowldged that h igned this
instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in
the instrument.
Dated this / 9 day of 2001 .
SPIE�`�i
Signature ofN
=o ... . . .. . 9 t,t � ,
o@ ••�O� p�q� •. �t� Print or sta p name of Notary
Notary Public for the State of
Wash in n, residing at
5
My appointment expires
7
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that o'c' C, ��M'i'�L 6ity of
Richland) is the person who appeared before me, and said person 4cknowledged that he signed this
instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in
the instrument.
Dated this a 5 Z'day of 2001 .
•,,,N# ""'f Q.,,P Signature ofN tary
Print or stamp name of otary
Notary Public for the State of
�,�BAH - Was ington, residing at
a. PUBLIC 0_
My appointment expires
4/6/01
8
lst Amendment to Lease
Animal Control Shelter
Date: o�%7vi5E.- 4T� , 2001
WHEREAS, on July 27, 2001 , the City of Pasco as `Landlord' entered into a Lease
agreement with the City of Pasco, the City of Kennewick, and the City of Richland, individually
and with the Tri-City Animal Control Authority, collectively, as Tenant, for that certain real
property located at 1312 S. 18`h Avenue, Pasco, Washington and legally described as Lots 1
through 36, Block 7, Oakley's Riverfront Addition, according to Franklin County Auditor's
Records of Plats, Volume B, Page 34, according to the records of Franklin County, Washington,
and
WHEREAS, in order for the City of Pasco to secure long term financing for the purchase
of the leased premises through the State of Washington Local Option Capital Asset Lending
program as administered by the State Treasurer, with the Washington Finance Officers
Association as agent, the lease agreement must be amended to include certain provisions as set
forth herembelow.
THEREFORE, the parties hereby agree to amend said lease agreement by adding the
following:
Section 13 . Landlord Financing.
13 . 1 Landlord may seek to obtain long term financing for the purchase of the leased
premises under a site lease and a Financing Contract through the State of Washington Local
Optional Asset Lending (LOCAL) program with the Washington Finance Officer' s Association
(WFOA) as agent under a Master Financing Contract with the State of Washington.
13 .2 In the event Landlord obtains the financing described in Section 13 .01 , Tenant
acknowledges and agrees: (a) that this lease shall be subject and subordinate in all respects to
the terms and provisions of the Financing Contract and the Master Financing Contract and (b) if
an Event of Default occurs and is continuing under the Financing Contract or Master Financing
Contract, the WFOA may, at its option, either (1) terminate the lease, (2) elect to receive and
collect, directly from the cities of Kennewick, Pasco and Richland, for its share of any rent
payments or other amounts due and to become due under the lease. Each city shall be responsible
for one third of any rent payments or other amounts due under the lease. Acceptance by the
WFOA of any such payment shall not be deemed to be an attomment by the WFOA to the lease
or by the Tenant to the WFOA, or a waiver by the WFOA of any provision of the lease, or (3)
elect to succeed to the City of Pasco's interest as Landlord in the lease and cause the lease to
attorn to the WFOA, as lessor.
LANDORD: —�
City of Pasco
2001
Gary c field, City anager
TE
Tri- 'ty im ontrol Authority
12001
IFIED AND APPRO ED BY:
City of Pasco APPROVED AS TO FORM:
Gary Crutchfield, City Manager City Attorney
2001
City of Kennewick APPROVED AS TO FORM:
Robert Kelly, City Manager City Attorney
12001
)Joi Ian APPROVED AS TO FORM:
Aluti a4ei+ayt.
Darrmg ton, C ' ger City Attorney aGaQ.t#2001
TENANT:
Tri-City Animal Control Authority
2001
RATIFIED AND APPROVED BY:
City cif P`�sco APPROVED AS TO FORM:
L/ -
Gai'ysxitc h jeld, City tanager City Attorney
1.b —S , 2001
City of Kennewick APPROVED AS TO FORM:
Robert Kelly, City Manager City Attorney
, 2001
City of Richland APPROVED AS TO FORM:
John C. Darrington, City Manager City Attorney
, 2001
TENANT:
Tri-City Animal Control Authority
12001
RATIFIIED AND APPROVED BY:
City of Paco APPROVED AS TO FORM:
4 r GM-y tc City City Attorney
1 � S , 2001
City of Kennewick APPROVED AS TO FORM:
PON*Ro ert Kellanager City Attorney �SfYJ�4T
, 2001
City of Richland APPROVED AS TO FORM:
John C. Darrington, City Manager City Attorney
2001
STATE OF WASHINGTON )
ss.
COUNTY OF L )
b
I certify that I know or have satisfactory evidence that ity of Pasco) is
the person who appeared before me, and said person acknow ged that he si d this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument.
Dated this day of 2001 .
Signature of tary
ZUn/kF it
O we prp9 9 Print or st�Nota
Notary Public for the State o f
Np'TA Ry Washi gt�din
N p1181.��' y. 02
9TH, 9CH 3 ZC! My appointment expires
aF WASN
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that (City of
Kennewick) is the person who appeared before me, and said person acknowledged that he signed this
instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in
the instrument.
Dated this day of , 2001 .
Signature of Notary
Print or stamp name of Notary
Notary Public for the State of
Washington, residing at
My appointment expires
STATE OF WASHINGTON )
ss.
COUNTY OF FRANKLIN )
I certify that I know or have satisfactory evidence that Gary Crutchfield is the person who
appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to
be his free and voluntary act for the uses and purposes mentioned in the instrument.
Dated this day of , 2001 .
Signature of Notary
Print or stamp name of Notary
Notary Public for the State of
Washington, residing at
My appointment expires
STATE OF WASHINGTON )
ss.
COUNTY OF ftyftV' )
I certify that I know or have satisfactory evidence that John C. laarrirq}oyi (Tenant) is the
person who appeared before me, and said person acknowledged that he signed this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument.
Dated this day of 0C VW, 2001 .
Signature of Notary
i' Et4q�°tt� Print or stamp name of Notary
`ZDZ•. tt� Notary Public for the State of
f ;co' { `N: io Washington, residing at
00 i Lit ? i I�tCAYtdi
,/ttt '•., s `F .°.•' � My appointment expires
STATE OF WASHINGTON )
ss.
COUNTY OF FRANKLIN )
I certify that I know or have satisfactory evidence that Gary Crutchfield is the person who
appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to
be his free and voluntary act for the uses and urposes mentioned in the instrument.
Dated this day of , 2001 .
ON, L IuN� Signature 13ot�ry
Print or stamp f Nota
P name ry
OTAq y9N Notary Public for the State of
m
pV BLIG W ington, residing at
'7 b as 2
TF 9,9CH a soa 34
Op WASHING My appointment expires
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I ]now or have satisfactory evidence that (Tenant) is the
person who appeared before me, and said person acknowledged that he signed this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument.
Dated this day of 2001 .
Signature of Notary
Print or stamp name of Notary
Notary Public for the State of
Washington, residing at
My appointment expires
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that C U " (City of Pasco) is
the person who appeared before me, and said person acknowVdgef that he sig +ed this instrument and
acknowledged it to be his free and voluntary tict for the uses and purposes mentioned in the instrument.
Dated this day of 0y,cjv2001 .
Signature ottlIotary '
I 411A
�p 10h rfi / q Print or stamp name of Notary J
Notary Public for the State of
NpTARy Wash'ngtgon ding at
N PUBI.�G 2
O s i
O �
�A t9CH 3 . �O My appointment expires
OF W ASN\ -
STATE OF WASHINGTON )
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that Z (City of
Kennewick) is the person who appeared before me, and said person acknowledged that he signed this
instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in
the instrument.
Dated this day of , 2001 .
SPIER �h + Signature of Notary
Print or stamp name of Notary
e z OAP .0 e s Notary Public for the State of
r
c a : Wa Ir ngton, r idi� at
++ •• . . . . ..:.• y
e?jo� My appointment expires '
STATE OF WASHINGTON )
/� ) ss.
COUNTY OF ' J TAL )
�� . low
1 certify that 1 know or have satisfactory evidence that ° (City of
Richland) is the person who appeared before me, and said person acknowledged that he signed this
instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in
the instrument.
Dated this day ofV X42001 .
i
14 A. Signature of Notarya/4,4/��� - L
:�F = Print or stamp name of Notary
Y
OTA R n
_ Nota Public for the State of
=
•
ashington, residing at
c PUBLIC := z , �t� tF�utt
s. o� o
INP.SN
0 ,
.. .• D
My appointment expires
10/3/01