HomeMy WebLinkAboutPasco National Little League - Long Term Lease PASCO NATIONAL LITTLE LEAGUE
LONG-TERM LEASE J/
THIS LEASE AGREEMENT is made and entered into this 2.6 day of /l)(
2013, by and between the City of Pasco, a municipal corporation of the State of Washington,
hereinafter referred to as the "City", and The Pasco National Little League, a non-profit
corporation,hereinafter referred to as the "Lessee".
For the mutual considerations set forth herein, the parties agree as follows:
1. Leased Premises. hereby wises. The Cit hereb leases to the Lessee and the Lessee hereby
leases from the City, subject to all deed restrictions, covenants, and easements of record, the
following described premises, situate in Pasco, Franklin County, State of Washington, set forth
in Attachment "A" hereto, and incorporated by this reference herein as if specifically set forth.
The real property so described shall hereinafter be referred to as the "premises".
2. Term. This lease shall be for a term of ten (10) years, commencing February 1,
2013, and ending February 1, 2023. The Lessee shall have the option of renewing this lease at
the end of the initial lease term for an additional ten year period, provided City has not given the
Lessee written notice of default as set forth below, and the Lessee has given to the City written
notice of its intent to renew the lease term by delivering to the City Lessee's written notice of
intent within the period of sixty(60) days immediately prior to the termination of the initial lease
term.
3. Use of Premises. The premises shall be used for baseball fields, concession
stand and parking lot and for no other purpose, unless the prior written permission is given by the
City, Lessee agrees to maintain, at its own expense, all playing fields, concession stand, batting
cages, and other improvements. Lessee shall be responsible for all capital improvements to
Pasco Little League facilities and grounds, such as Clubhouse renovations, fence
repair/improvement and replacement of netting.
4. Utilities. The Lessee shall be liable for and shall pay, throughout the term of this
lease, all charges for all utility services to the premises, including, but not limited to electricity,
gas, water, sewer and garbage disposal. It is understood and agreed that both the City and the
Lessee will be using the existing well located in Riverview Park for the purpose of irrigating the
baseball field by the Lessee and for the purpose of irrigating Riverview Park by the city. The
maintenance of any pump or other equipment or facility shall be the sole expense and
responsibility of the Lessee.
5. Acceptance of Premises. Lessee has examined the leased premises and accepts it
in its present condition.
6. Maintenance and Repair. At the expiration or sooner termination of this lease,
Lessee shall return the premises to the City in the same condition in which received, reasonable
wear and tear and excepted, and except as modified pursuant to the provisions and requirements
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of this lease. Lessee shall, at its own expense, at all times keep the premises neat, clean, free
from weeds and in a safe condition for little league baseball and in a sanitary condition. Lessee
shall maintain and keep the leased premises in a good state of repair and shall commit no waste
of any kind. Lessee shall not permit or suffer any undue accumulations of waste material on the
premises nor dispose of any waste materials nor permit or suffer any liquid industrial
waste or chemicals to be stored thereon or to enter the drainage or sewer lines on the premises.
The City, on a trial basis for 2 years, agrees to provide assistance with maintenance of the facility
as listed in Attachment "B." If no action is taken by either party, this section of the agreement
will renew on an annual basis January 1 of each year. Any additional maintenance will be billed
at actual cost. Lessee agrees to pay the fixed maintenance cost (Attachment "B") no later than
April 1 each year; any additional maintenance will be billed at actual cost.
7. Alterations and Improvements. Lessee is authorized to make alterations and
improvements associated with Lessee's authorized use of the premises. Lessee shall make no
other alterations or improvements to or on the premises without first obtaining written approval
from the City. Except as otherwise stated herein, it is understood that the improvements to be
made and the structures to be erected by the Lessee upon the demised premises shall be built
solely at the expense of the Lessee. Upon termination of the lease, all improvements and fixtures
shall be the property of the City. If when the lease terminates and all conditions of the lease have
been met and performed by the Lessee, then the Lessee shall leave the premises in a condition
comparable to the conditions prevailing at the inception of the lease, except as modified
pursuant to the requirements and provisions of this lease.
8. Inspection. The City reserves the right to inspect the Lessee's premises at any
and all reasonable times throughout the term of this lease; provided, that it shall not interfere
unduly with Lessee's operations. The right of inspection reserved to the City hereunder shall
impose no obligation on the City to make inspections to ascertain the condition of the premises
and shall impose no liability on the City for failure to make such inspection.
9. Signs. No signs or other advertising material shall be attached to or painted on or
within the leased premises without the approval of the City, except warning signs, advertising
by sponsors on outfield fence, facility rules and regulations, signs identifying the name of the
premises and facilities at the premises. At the termination, or sooner expiration of this lease, all
such signs or advertising material attached to or painted by the Lessee shall be removed by
Lessee at its own expense, and Lessee shall repair any damage or injury to the premises, and
correct any unsightly condition, caused by maintenance and removal of said signs.
10. Damage or Destruction. In the event fire or other cause does damage to the
buildings or improvements on the demised premises constructed by Lessee, the Lessee shall
make such repairs as are necessary to restore the premises to a safe, neat and good condition.
The City may elect to terminate this lease by giving notice to the Lessee in writing if the
premises are not restored within a reasonable time after the date of the casualty. If termination
of the Lessee becomes necessary because Lessee does not restore the casualty damage to the
premises, the City shall have the right to restore the premises to the original condition of the land
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as leased and all costs of removal of debris and any tenant improvements shall be reimbursed to
the City by the Lessee.
11. Indemnity/Hold Harmless. The City shall defend, indemnify, and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all
claims, suits, actions, or liabilities for injury or death, or for loss or damage to property,
including attorney fees and costs, which arises out of City's use of premises, or from the conduct
of City's business, or from any activity, work or thing done, permitted, or suffered by City in or
about the premises, except only such injury or damage as shall have been occasioned by the sole
negligence of the City.
12. Insurance. The Lessee shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the Lessee's operation and use of the leased premises.
A. Minimum Scope of Insurance. Lessee shall obtain insurance of the types
described below:
(1) Commercial General Liability insurance shall be written on
Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover
premises and contractual liability. City shall be named as an insured on Lessee's
Commercial General Liability insurance polity using ISO Additional Insured-
Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement
providing equivalent coverage.
(2) Property insurance shall be written on an all risk basis.
B. Minimum Amounts of Insurance. Lessee shall maintain the following
insurance limits:
(1) Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate.
(2) Property insurance shall be written covering the full value of
Lessee's property and improvements with no coinsurance provisions.
C. Other Insurance Provisions. The insurance policies are to contain, or be
endorsed to contain, the following provisions for Commercial General Liability
insurance:
(1) The Lessee's insurance coverage shall be primarily insurance as
respects the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Lessee's insurance and shall not
contribute with it.
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(2) The Lessee's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail,return receipt requested, has been given to the City.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A:VII.
E. Verification of Coverage. Lessee shall furnish the City with original
certificates and a copy of the mandatory endorsements, including but not necessarily
limited to the additional insured endorsement, evidencing the insurance requirements of
the Lessee.
F. Waiver of Subrogation. Lessee and City hereby release and discharge
each other from all claims, losses, and liabilities arising from or caused by any hazard
covered by property insurance on or in connection with the premises. This release shall
apply only to the extent that such claim, loss or liability is covered by insurance.
G. City's Property Insurance. City shall purchase and maintain during the
term of the lease all-risk property insurance covering the buildings for their full
replacement value without any coinsurance provisions.
13. Damage to Property on Premises. City agrees that all property of every kind
and description kept, stored, or placed in or on the premises shall be at City's sole risk and hazard
and that City shall not be responsible for any loss or damage to any of such property resulting
from fire, explosion, water, steam, gas, electricity, or the elements, whether or not originating in
the premises, caused by or from leaks or defects in or breakdown of plumbing, piping, wiring,
hearing, or any other facility, equipment, or fixtures or any other cause of act except resulting
from the gross negligence of City or anyone for whom City may be responsible.
14. Taxes. Lessee shall be liable for, and shall pay, throughout the term of this lease
before delinquency, all license and excise fees and occupation taxes covering the business
conducted on the premises, and all taxes on property of Lessee on the leased premises, and taxes
there may be on leasehold interests created under this lease agreement. At the present time,
since the City is a municipal corporation, there is no real property tax assessed on realty
owned by it. Should such a tax be assessed or if a tax in lieu of such a tax is assessed, the
Lessee agrees to pay the same promptly and before delinquency on that portion of such tax
allocable to the demised premises.
15. Compliance with all Laws. Lessee agrees to comply with all applicable rules
and regulations of the City pertaining to the realty of which the premises are a part now in
existence or hereafter promulgated for the general safety and convenience of the City and the
general public. City further agrees to comply with all applicable federal and state laws,
ordinances and regulations.
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16. Assignment or Sublease. Lessee shall not assign or transfer this lease or any
interest therein, nor sublet the whole or any part of the premises, nor shall this lease or any
interest hereunder be assignable or transferable, by operation of law or by any process or
proceeding of any court, or otherwise, without the written consent of the City first had and
obtained. If the City shall give its consent to any assignment or sublease, this paragraph shall
nevertheless continue in full force and effect and no further assignment or sublease shall be made
without the City's consent.
17. Default and Re-Entry. Time is of the essence hereof, and if Lessee shall violate,
breach or fail to keep or perform any covenant, agreement, term or condition of this lease, or if
Lessee shall cease to operate a recreational youth baseball program or decrease its operations
substantially, then, in such case, City may, at its option, and in addition to any other rights it may
have, terminate this lease by giving ten (10) days' written notice stating the nature of the
default, and thereafter re-enter the leased premises, using such force as may be necessary, and
repossess itself thereof, and remove all persons and affects therefrom, or to hold this lease in
full force and effect and re-enter the premises and take possession thereof. If the City shall elect
to re-enter the premises without terminating the lease, the City may relet all or any part of the
premises in the name of and for the account of the Lessee, upon any terms and conditions as
City, in its sole discretion, may deem advisable, with the right to make alterations and repairs to
the premises. Lessee shall pay to City, as soon as ascertained, the costs and expenses incurred
by City in such reletting and in making such alterations and repairs.
No such reletting of the premises by the City shall be construed as an election on its part
to terminate this lease unless a notice of such intention be given to Lessee, or unless the
termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such
reletting without termination, City may, at any time thereafter, elect to terminate this lease for
such previous breach, provided that it has not been cured. Should City at any time terminate this
lease for any breach, in addition to any other remedy it may have, it may recover from Lessee all
damages it may incur by reason of such breach.
18. Use Restrictions. The Lessee shall not carry on upon the demised premises, any
noxious or any trade or activity, which would constitute a nuisance or hazard to the public, and
shall not substantially deviate from its announced and original use of the property, without
consultation and consent from the City.
Lessee 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, State, 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
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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.
Lessee agrees that it will be responsible for all damages and costs associated with release
of any such substances upon the Leased Premises occurring during the term of this Lease
Agreement, including any cleanup costs.
The provisions of this section shall survive the termination of this Lease.
19. Surrender of Premises - Attorney Fees. At the expiration or sooner
termination of this lease, Lessee shall promptly surrender possession of the premises to the City,
and deliver to the City all keys that it may have to any and all parts of the premises. In the event
that either party shall be required to bring any action to enforce any of the provisions of this
lease, or shall be required to defend any action brought by the other party with respect to this
lease, the substantially prevailing party shall be entitled to its reasonable attorney fees and costs.
20. Liens and Encumbrances. Lessee shall keep the leased premises free and clear
of any liens and encumbrances arising or growing out of the use or occupancy of the said
premises by Lessee. At the City's request, Lessee shall furnish the City with written proof of
payment of any item which would or might constitute the basis for such a lien on the leased
premises if not paid.
21. Notices. All notices required hereunder may be either mailed or hand delivered.
If mailed, they shall be sent by certified or registered mail to the following respective
addresses:
To City:
Pasco City Hall
Attn: Administrative& Community Services Director
P. O. Box 293
Pasco, WA 99301
To Lessee:
Pasco National Little league
PO Box 4453
Pasco WA 99302
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or to such other respective addresses as either party hereto may hereafter from time to time
designate in writing. Notices sent by mail shall be deemed to have been given when properly
mailed, and the postmark affixed by the United States Post Office shall be conclusive evidence
of the date of mailing. Any time Lessee's officers change, and at least annually, the Lessee shall
provide the City Parks and Recreation Director a current list of the names, addresses and
telephone number of Lessee's officers.
22. General Provisions. Failure to enforce any provision of this Agreement shall not
constitute waiver on the part of the City. In the event of any dispute regarding the enforcement,
breach, default, or interpretation of this Agreement, the parties, or their designees, shall first
meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by
agreement of the parties, jurisdiction and venue shall be in Franklin County Superior Court,
Franklin County, Washington, with the substantially prevailing party being entitled to its
reasonable attorney fees and costs as additional award and judgment against the other.
23. Non-Discrimination. The Lessee shall operate the premises in such a fashion to
insure that no person is unlawfully discriminated against.
24. Entire Agreement — Amendments. This Agreement constitutes the whole
agreement between the City and Lessee. There are no terms, obligations, covenants or conditions
other than those contained herein. No modification or amendment of this agreement shall be
valid and effective unless evidenced in writing.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first written above.
CITY O ' SCO PASCO NATIONAL LITTLE LEAGUE
okioutic
Gary C chfie.,7 17,15►d ager
APPROVED AS TO FORM: Meranda Hamilton, President
Leland B. Kerr, City Attorney
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STATE OF WASHINGTON )
. ss.
County of Franklin )
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 instrument, and acknowledged that he signed the same as his free and voluntary act
and deed for the uses and purposes therein mentioned.
G6�j� my hand and official seal this l/ day of /1/(a , 2013.
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a. k Qo ARC ; * _ NOTARY PUB �y 4r 111-4AA
and for the State of Washington
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STATE OF WASHINGTON )
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County of F e nt1�, 1 )
On this day personally appeared before me 4 igt,t ( 5df 'r4 or the
Pasco National Little League, to be known to be the individual escribed in and who executed
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 2-0 day of A r , 2013.
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cr)• N O TA R ,^. "- = NOTARY PUZIp n and for the State of W.shington
PUBLIC Residing at: ' 5(`
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Long Term Lease - 8
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ATTACHMENT A - PASCO LITTLE LEAUGE
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Attachment `B'
M&O per Hr Labor/Hr Occurences Hours Total
Mower $26.54 $20.00 39.00 3.40 $6,171.20
Weedeating $4.00 $20.00 15.00 1.00 $360.00
Tractor(Fertilizer) $14.00 $40.00 2.00 1.50 $162.00
Tractor(Aerate) $14.00 $40.00 1.00 5.00 $270.00
Irrigation Inspection $40.00 34.00 1.00 $1,360.00
Herbicide Spray $14.00 $40.00 2.00 3.00 $324.00
Total $8,647.20
Herbicide spraying includes parking lot, shrub beds and posts.
Fertilizer application only; fertilizer to be supplied by Little League.
Mowing is with large area mower only.
Irrigation Inspection includes adjustment of sprinkler heads; any major repairs are the
responsibility of Little League.