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Home My WebLink AboutHACPFC - Facility Use Agreement - 828 North 22nd Ave., #A, Pasco, WA 2013-2014 Facility Use Agreement C 0 PY 828 N. 22nd, #A, Pasco, Washington 1. This agreement, made and entered into as of the 1st day of August in the year two thousand and thirteen by and between the Housing Authority of the City of Pasco & Franklin County (HACPFC),hereinafter called the Authority, and the City of Pasco hereinafter called the City: WITNESSETH: The parties hereto for the consideration hereinafter mentioned agree as follows: 2. The Authority hereby allows access to the City the following described premises, to be used exclusively for the following purposes: 828 N. 22nd Avenue, #A facility as mini-station space for the Pasco Police Department(PPD) and office space for Explorers. TERM 3. TO HAVE the premises with their appurtenances for the term beginning August 1, 2013, and ending with July 31, 2014. ASSIGNMENT/AGREEMENT 4. The City shall not assign this agreement and shall not permit the use of the premises by anyone other than the City. RENEWAL 5. This agreement may, with the agreement of both parties, be renewed for one year at a monthly usage fee to be negotiated. TERMINATION 6.1 Termination for Cause. Either party may terminate this agreement without prior notice if the other party fails to abide by the terms and conditions of this agreement. 6.2 Termination with Notice. Either party may without cause, at any time during the term of this agreement, terminate the contact by giving thirty (30) days prior written notice of its intent to terminate. CONSIDERATION 7. The Authority shall furnish as part of the usage fee consideration, the following: water, sewer, garbage collection, and maintenance as described in the paragraph following, which amounts to an average monthly total of$400.00. City agrees to negotiate reasonable rental payment and Facility Use Agreement HACPFC/City of Pasco Page 2 reimbursement for all utilities and services as normally required in the operation of a building and including, but not limited to adequate heat, light, electricity, air conditioning, and restroom facilities when applicable grant funding is received. MAINTENANCE AND REPAIR 8. Authority's maintenance obligations shall include, but not be limited to,the mechanical, electrical, interior lighting (including replacement of ballasts, starters and fluorescent tubs as required), plumbing, heating, ventilating and air conditioning systems (including replacement of filters as recommended in equipment service manual); floor coverings; window coverings; inside and outside walls (including windows); all structural portions of the building (including the roof and the watertight integrity of same); sidewalks, exterior lighting; parking lot (including repair and restriping as required); drainage; landscaping and continuous satisfaction of all governmental requirements generally applicable to similar buildings in the area (example: fire, building, energy codes and requirements to provide an architecturally barrier-free premise for handicapped people, etc.) External and internal painting of facility and grounds maintenance will be performed by employees or assigns of City. CONDITION OF PREMISES 9. The Authority shall, unless herein specified to the contrary, maintain the premises in good repair and tenantable condition during the continuance of this agreement, excepting case of damage arising from the act or negligence of the City's clients, agents, or employees. For the purpose of so maintaining the premises, the Authority reserves the right at reasonable times to enter and inspect the premises and to make any necessary repairs to the building. The City agrees to provide proper daily cleaning of the facility. FIXTURES 10. The City, upon the written request, shall have the right during the existence of this agreement with the written permission of the Authority to make alterations, attach fixtures, and erect additions, structures or signs, in or upon the premises hereby noted in this agreement. Performance of any of the rights authorized above shall be conducted in compliance with all applicable governmental regulations, building codes, including obtaining any necessary permits. Any fixtures, additions, or structures so placed in or upon or attached to the said premises shall be and remain the property of the City and may be removed there from by the City upon the termination of this agreement. Any damage caused by the removal of any of the above items shall be repaired by the City. F:\Executive\Main\WPDATA\CONTRACTS\Alderwood=PPD Facility Use Agreement-July 2013.docx Facility Use Agreement HACPFC/City of Pasco Page 3 ALTERATIONS/IMPROVEMENTS 11. In the event the City requires alterations/improvements during the term of this agreement, any renewals and/or modifications thereof, the Authority shall have the right to provide such services. The City shall reimburse the Authority for alterations/improvements required by the City. RENTAL PAYMENT RATE 12. Rental payment is $200 per month, due by the first day of each month. DISASTER 13. In the event the agreement premises are destroyed or injured by fire, earthquake, or other casualty so as to render the premises totally unfit for occupancy, or the Authority neglects and/or refuses to restore said premises to their former condition, then the Authority may terminate this Agreement and shall reimburse the PPD for any unearned use fee that has been paid. In the event said premises are partially destroyed, the use fee herein agreed to be paid shall be abated from the time or occurrence of such destruction or injury until the premises are again restored to their former condition, and any use fee paid by the City during the period of abatement shall be credited upon the next installment of use fee to be paid. It is understood that the terms"abated" and"abatement" mean a prorata reduction of area unsuitable for occupancy due to casualty loss in relation to the total use fee area. ENTIRE AGREEMENT 14. This contract contains the entire agreement between the parties. There are no other understandings, agreements, or representations, oral or written, not specified herein regarding this contract. This contract shall not be amended orally, but only be an agreement in writing signed by each of the parties. REIMBURSEMENT FOR DAMAGE TO PREMISES 15. The City hereby agrees to reimburse the Authority for damages caused by the acts or negligence of its employees, clients, and agents, but in no event shall this paragraph be construed as diminishing the Authority's duty to make repair as set forth in preceding paragraphs of this agreement, or as making PPD responsible for the repair of normal wear and tear. F:\Executive\Main\WPDATA\CONTRACTS\Alderwood-PPD Facility Use Agreement-July 2013.docx Facility Use Agreement HACPFC/City of Pasco Page 4 HAZARDOUS SUBSTANCES 16. Authority warrants that no hazardous substance, toxic waste, or other substance has been produced, disposed of, or is or has been kept on the premises hereby agreed upon which if found on the property would subject the owner or user to any damages, penalty, or liability under an applicable local, state or federal law or regulation. Authority shall indemnify and hold harmless the City with respect to any and all damages, costs, attorney fees, and penalties arising from the presence of such substances on the premises, except for such substances as may be placed on the premises by the PPD. INSURANCE 17. The City is self-insured and will maintain for the duration of this agreement, liability and property damage insurance in a combined single limit(CSL) of$1,000,000. The City will provide proof of such insurance to HACPFC. City shall indemnify and hold harmless Authority, its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses, including but not limited to, property damage and attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of City and its subcontractor, anyone directly or indirectly employed by the City, except where caused by the active negligence, sole negligence, or willful misconduct of Authority, its agents, employees, or subcontractors. PROHIBITION OF DISCRIMINATION 18. The City shall not discriminate against any person in any manner on the grounds of race, creed, color, religion, national origin, sex, age, marital status, or the presence of any sensory, mental, or physical handicap, or any other status or condition now or hereafter protected by any state or federal law against discrimination. IN WITNESSETH WHEREOF, The parties hereunto subscribed their names as of the date first above written. -� \ 0 �_�•_ / � F.J. •y' •erson, Executive Director Gary rut '•, leer HA City of Pasco 7/4 13 674/1 Date Date F:\Executive\Main\WPDATA\CONTRACTS\Alderwood-PPD Facility Use Agreement-July 2013.docx