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HomeMy WebLinkAboutYMCA - Martin Luther King Jr Community Center 2014 - 2019MARTIN LUTHER KING JR. COMMUNITY CENTER RECREATIONAL ACTIVITIES AGREEMENT Agreement made on May 1, 2014 between the City of Pasco, a Municipal Corporation of the State of Washington, located in the County of Franklin, herein referred to as "City", and the YMCA of the Greater Tri- Cities a private non -profit corporation of the State of Washington, herein referred to as "YMCA ", both sometimes referred to as "Parties". In consideration of the mutual covenants herein set out, the Parties agree as follows: SECTION ONE DESCRIPTION OF PREMISES City hereby agrees to allow the YMCA to use the gymnasium, foyer, game room, weight room, offices, and other areas (as shown on the attached Exhibit "A ") at the Martin Luther King Community Center, more specifically described as follows: the Martin Luther King Community Center located at 205 South Wehe Street, Pasco, WA, which is situated in that portion of the NW 1/4 of the SW 1/4, Section 28, T.20N, R.30E.W.M. 2019. SECTION TWO TERM The term of this lease shall extend for a term of 60 months from May 1, 2014 to April 30, SECTION THREE RENT No rent shall be charged for the use of the facility in recognition of the YMCA providing recreational programs at its own expense. SECTION FOUR QUIET ENJOYMENT City covenants and agrees that the YMCA shall lawfully, peacefully, and quietly hold, occupy and enjoy the premises during the term of the lease without objection or molestation. SECTION FIVE USE OF THE LEASE PREMISES YMCA agrees that the premises shall be used by the YMCA exclusively for a recreational activities program. Such use shall conform 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 or not granted at the absolute discretion YMCA Lease Agreement - 1 Ilan of the City, it being understood that it is the purpose of the City to maintain the neighborhood and preserve the building. YMCA may not sublet any or all of the premises without prior written approval from the City Manager. 1. The YMCA will be a program provider at the Martin Luther King Jr. Community Center and will be responsible for the development and maintenance of a diverse recreational program at the facility, and the YMCA will, except as explicitly herein, furnish as its own cost and expense, all labor, tools, equipment and materials required in performing its obligations under this contract to the satisfaction of the City. 2. The YMCA will employ its own recreation staff and will provide adequate supervision over their staff to ensure that the Martin Luther King Jr. Community Center will be protected from willful neglect and vandalism when YMCA sponsored programs are operating at the facility, and to take reasonable precautions to ensure that the safety of the persons participating in the recreation programs of the YMCA are protected. 3. The YMCA shall make available to the City Manager in writing, the names, addresses, and telephone numbers of the persons who are in charge of the recreational programs and the periods of time the programs will be offered. The purpose of this requirement is to pinpoint responsibility at all times that the facility is open to public use so that the lines of authority and responsibility are clear and distinct at all times. 4. The YMCA will get authorization from the City prior to offering new programs at the Martin Luther King Center or those that target participants beyond the East Pasco neighborhood. 5. The YMCA hours of operation at Martin Luther King Center shall be as follows: School Year 3pm — 7pm Monday through Friday and Saturday 12pm — 5pm. Spring /Summer Monday — Friday 1pm — 7pm and Saturdayl lam — 5pm. YMCA Youth indoor soccer program operates for 7 weeks (Mid- September through November on Saturdays). YMCA second season Soccer operates (January through the third week in March on Saturdays). City shall have gym usage from 7pm- l Opm Monday — Friday year round and 8am — 11 pm on Sunday(s). City will all have the gym for Court Kids Basketball program 2 "d Thursday of January for 7 weeks 5:00pm — 8:30pm. YMCA and City shall communicate in writing 30 days prior to any changes prior to implementation of programs. 6. In connection with the carrying out of this contract, the YMCA shall not discriminate against any employee or applicant from employment because of race, religion, color, sex or national origin. 7. The YMCA shall be liable for damage resulting from their programs. YMCA Lease Agreement - 2 of the City, it being understood that it is the purpose of the City to maintain the neighborhood and preserve the building. YMCA may not sublet any or all of the premises without prior written approval from the City Manager. 1. The YMCA will be a program provider at the Martin Luther King Jr. Community Center and will be responsible for the development and maintenance of a diverse recreational program at the facility, and the YMCA will, except as explicitly herein, furnish as its own cost and expense, all labor, tools, equipment and materials required in performing its obligations under this contract to the satisfaction of the City. 2. The YMCA will employ its own recreation staff and will provide adequate supervision over their staff to ensure that the Martin Luther King Jr. Community Center will be protected from willful neglect and vandalism when YMCA sponsored programs are operating at the facility, and to take reasonable precautions to ensure that the safety of the persons participating in the recreation programs of the YMCA are protected. 3. The YMCA shall make available to the City Manager in writing, the names, addresses, and telephone numbers of the persons who are in charge of the recreational programs and the periods of time the programs will be offered. The purpose of this requirement is to pinpoint responsibility at all times that the facility is open to public use so that the lines of authority and responsibility are clear and distinct at all times. 4. The YMCA will get authorization from the City prior to offering new programs at the Martin Luther King Center or those that target participants beyond the East Pasco neighborhood. 5. The YMCA hours of operation at Martin Luther King Center shall be as follows: School Year 3pm — 7pm Monday through Friday and Saturday 12pm — 5pm. Spring/Summer Monday — Friday 1pm — 7pm and Saturdayl lam — 5pm. YMCA Youth indoor soccer program operates for 7 weeks (Mid - September through November). YMCA second season Soccer operates (January through the third week in March on Saturdays). City shall have gym usage from 7pm- lOpm Monday — Friday year round and 8am — l Ipm on Sunday(s). City will all have the gym for Court Kids Basketball program 2 "d Thursday of January for 7 weeks 5:00pm — 8:30pm. YMCA and City shall communicate in writing 30 days prior to any changes prior to implementation of programs. 6. In connection with the carrying out of this contract, the YMCA shall not discriminate against any employee or applicant from employment because of race, religion, color, sex or national origin. 7. The YMCA shall be liable for damage resulting from their programs. YMCA Lease Agreement - 2 SECTION SIX ACCEPTANCE BY YMCA YMCA has inspected and knows the condition of the premises and accepts the same in their present condition (subject to ordinary wear, tear, and deterioration in the event the term commences after the date hereof and to the rights of present or former occupants, if any, to remove movable property), including the interior surfaces of exterior walls. SECTION SEVEN CITY'S RIGHT OF ENTRY City or City's agent may enter the premises at reasonable hours to examine the same, to do anything City may be required to do hereunder or which City may deem necessary for the good of the premises. SECTION EIGHT MAINTENANCE AND REPAIR BY YMCA YMCA shall take good care of the premises and the equipment and fixtures therein. At the expiration of the term, YMCA shall surrender the premises broom clean, in as good condition as the reasonable use thereof will permit. All damage or injury to the leased premises not caused by fire and other casualty, as set forth in Section Fourteen hereof, and all damage to broken windows shall be promptly repaired by the YMCA excepting ordinary wear and tear. All building repairs, alterations, additions, improvements, installation, equipment and fixtures, by whomsoever installed or erected (except such business trade fixtures belonging to YMCA as can be removed without damage to or leaving incomplete the premises or building) shall belong to City and remain on and be surrendered with the premises as part thereof, at the expiration of this lease or any extension thereof. SECTION NINE UTILITIES AND SERVICES City shall furnish and pay for all electricity, gas, water, fuel or any services or utilities used in or assessed against the premises, unless otherwise herein expressly provided. City shall also be responsible for removal of garbage from the leased premises. City will provide custodial services and basic cleaning supplies to the facilities leased to YMCA, these services to be for routine cleanup, YMCA agreeing that in the event there is an extraordinary accumulation of debris, YMCA will assist in cleanup and exercise best efforts to minimize the need for custodial service, and will, additionally, provide specific program cleaning supplies. YMCA Lease Agreement - 3 SECTION TEN SIGNS AND ADVERTISEMENTS YMCA shall not put upon nor permit to be put upon any part of the premises, any signs, billboards, or advertisements whatever, without the prior written approval of the City Manager, Approval of temporary placement of posters and promotional materials for upcoming YMCA events will not be unreasonably withheld. SECTION ELEVEN INSURANCE The YMCA 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 YMCA's operation and use of the leased Premises. A. Minimum Scope of Insurance YMCA 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. The City shall be named as an insured on Corporation's Commercial General Liability insurance policy using ISO Additional Insured - Managers or Cities or Premises Form CB 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 YMCA 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 Corporation'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 YMCA's insurance coverage shall be primarily insurance as respect the City. Any Insurance, self - insurance, or insurance pool coverage maintained by YMCA Lease Agreement - 4 the City shall be excess of the Corporation's insurance and shall not contribute with it. 2. The YMCA'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 Corporation shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the YMCA. F. Waiver of Subrogation YMCA 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 or said building. 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 building for its full replacement value without any coinsurance provisions. SECTION TWELVE INDEMNITY AND PUBLIC LIABILITY YMCA covenants at all items to indemnify and save City harmless from all loss, liability, cost, or damages that may occur or be claimed with respect to any person or property on, in or about the leased premises or to the leased premises themselves resulting from any act done or omission by or through the YMCA, its agents, employees, invitees, or any person on the premises by reason of the YMCA's use or occupancy or resulting from YMCA's use, or possession of such property and any and all lost, cost, liability, or expense resulting therefrom; and further covenants at all times to maintain such premises in a safe and careful manner. During the term of this Lease Agreement, YMCA shall obtain, pay all premiums for, and furnish certificates to the City for insurance as specified herein: YMCA Lease Agreement - 5 1. Public liability insurance protecting the Parties hereto, their agents, officers, elected officials, representatives, or employees because of liability incurred by the Parties hereto in the performance of the terms of this lease when such liability is imposed on account of injury to or death of a person or persons, such policy to provide limits on account of any accident resulting in injury or death to one person or not less than $1,000,000 and a liability limit on account of any accident resulting in injury or death to more than one person of not less that $1,000,000. 2. Property damage insurance protecting the Parties because of liability which may be incurred by the Parties hereto, their officers, agents, elected officials, representatives or employees in the performance of the terms of this lease, such policy to provide for a limitation on account of each accident of not less than $1,000,000. All such insurance contracts shall name the City and YMCA as their interests appear and shall inure to the benefit of YMCA and City and their officers, agents, elected officials, representatives, or employees. Such insurance contracts shall be with companies acceptable to the City and they shall require twenty (20) days prior written notice to both Parties hereto of any cancellation. SECTION THIRTEEN DAMAGE TO PROPERTY ON PREMISES YMCA agrees that all property of every kind and description kept, stored, or placed in or on the premises shall be at YMCA'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, heating, or any other facility, equipment, or fixtures or any other cause or act and whether or not resulting from the negligence of other tenants of the City or anyone else for whom the City may be responsible. The City and the YMCA hereby grant to each other on behalf of themselves and any or all insurers providing insurance to either of them covering the premises or any portion thereof, a waiver of any right or subrogation any such insurer of one party may acquire against the other by virtue of payment of any loss under such insurance. SECTIONFOURTEEN DAMAGE BY CASUALTY In case the leased premises shall be destroyed or shall be so damaged by fire or other casualty, as to become untenantable, then in such event, at the option of the City, this lease shall terminate from the date of such damage or destruction and the YMCA shall immediately surrender such premises and all interest therein to City. City shall exercise such option to terminate this lease by notice in writing delivered to YMCA within ten (10) days after such damage or destruction. In case City shall not elect to terminate this lease, in such event, this YMCA Lease Agreement - 6 lease shall continue in full force and effect and the City shall repair the leased premises with all reasonable promptitude, placing the same in as good a condition as they were at the time of the damage or abate in proportion to the extend and duration of untenantability. In either event, YMCA shall remove all rubbish, debris, merchandise, furniture, equipment, and other personal property, within ten (10) days after the request of the City. If the leased premises shall be only slightly injured by fire or the elements, so as not to render the same untenantable and unfit by occupancy, then the City shall repair the same with all reasonable promptitude, and in that case the rent shall not abate. No compensation or claim shall be made by or allowed to the YMCA by reason of any inconvenience or annoyance arising from the necessity of repairing any portion of the building or the leased premises, however the necessity may occur. SECTION FIFTEEN PUBLIC REQUIREMENTS YMCA shall comply with all laws, orders, ordinances, and other public requirements now or hereafter affecting the premises or the use thereof, and save City harmless from expense or damage resulting from failure to do so. The leased premises are not exempted from compliance with zoning or any other municipal codes or ordinances nor from any other requirements of law due to title being in the name of the City. SECTION SIXTEEN ASSIGNMENT OR SUBLEASE YMCA shall not assign, transfer, or encumber this lease and shall not sublease the premises or any part thereof or allow any person to be in possession thereof without the prior written consent of City. SECTION SEVENTEEN SURRENDER AT END OF TERM At the expiration of the term of this lease, the City or his agent shall have the right to enter and take possession of the leased premises and the YMCA agrees to deliver the same without process of law. The YMCA shall be liable to City for any loss or damage, including attorney's fees and court costs incurred, as a result of YMCA's failure to comply with this obligation. SECTION EIGHTEEN HOLDING OVER Any holding over by YMCA after the expiration of the term of this lease or any extension thereof shall be construed to be a tenancy from month to month. YMCA Lease Agreement - 7 SECTION NINETEEN DEFAULT If default is made in the payment of any installment of rent on the due date thereof, or if YMCA shall default in the performance of any other agreement (other than payment of rent) continuously for ten (10) days after written notice thereof, or if the premises be vacated or abandoned, then in any such event this lease shall terminate, at the option of the City, and City may re -enter the premises and take possession thereof, with or without legal process and without notice or demand, the service of notice, demand, or legal process being hereby expressly waived, and upon such entry, as aforesaid, this lease shall terminate and the City may exclude YMCA from the premises, changing the lock on the door or doors if deemed necessary, without being liable to YMCA for any damages or for prosecution therefor. City's rights in such event may be enforced by action in unlawful detainer or other proper legal action. City, as agent for YMCA without notice may re -let the leased premises or any part thereof for the remainder of the tern or for any longer or shorter period as opportunity may offer, and at such rental as may be obtained. All property of the YMCA which is now or may hereafter be at any time during the term of this lease in or upon such premises, whether exempt from execution or not, shall be bound by and subject to a lien for the payment of the rent herein reserved, and for any damages arising from any breach by the YMCA of any of the covenants or agreements of this lease to be performed by YMCA. In the event of default by YMCA in the payment of rent or otherwise, City may foreclose such lien and take possession of such property or any part thereof and sell or cause the same to be sold, at such place as City may elect, at public or private sale, with or without 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 excess of the proceeds of the sale over such costs, debt, and/or damages shall be paid to YMCA. Any such sale shall bar any right of redemption by YMCA. SECTION TWENTY WAIVER The rights and remedies of the City under this lease, as well as those provided or accorded by law, shall be cumulative, and none shall be exclusive of any other rights or remedies hereunder or allowed by law. A waiver by City of any breach or breaches, default or defaults, of YMCA hereunder shall not be deemed or construed to be a continuation waiver of such breach of default not as a waiver of or permission, expressed or implied, for any subsequent breach or default, and it is agreed that the acceptance by City of any installment of rent subsequent to the date the same should have been paid hereunder, shall in no manner alter or affect the covenant and obligation of YMCA to pay subsequent installments of rent promptly upon the due date thereof. No receipt of money by City after the termination in any way of this lease shall reinstate, continue, or extend the term above demised. YMCA Lease Agreement - 8 SECTION TWENTY ONE BANKRUPTCY Neither this lease nor any interest therein nor any estate hereby created shall pass to any trustee or receiver in bankruptcy or to any other receiver or assignee for the benefit of creditors or otherwise by operation of law during the term of this lease or any renewal thereof. SECTION TWENTY TWO ENCUMBRANCES Any assignment, transfer, or conveyance by YMCA of any property rights arising out of this lease shall not encumber, alienate, diminish, cloud, or impair in any way the title ownership and interest of the City in and to such property. SECTION TWENTY THREE NOTICES Any notice hereunder shall be sufficient if sent by registered or certified mail, addressed to YMCA at the premises, and to City at its principal place of business. SECTION TWENTY FOUR COVENANTS TO RUN WITH THE PREMISES The covenants herein contained and shall run with the premises hereby let and bind the heirs, executors, administrators, assigns, and successors of the City and YMCA respectively. Consent of City to assignment, and acceptance of rent from assignee of the YMCA shall not release the YMCA from his obligation to pay rent and comply with the other conditions of this lease. SECTION TWENTY FIVE ENTIRE AGREEMENT This Agreement contains the entire agreement between the Parties, and no modification of this Agreement shall be binding upon the Parties unless evidenced by an agreement in writing signed by the City and the YMCA after the date hereof. YMCA Lease Agreement - 9 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement at Pasco, Washington on 1st day of May 2014. CITY OF ma Gary Crud Cily Manager V40 WJA�ATER CITIES President YMCA Lease Agreement - 10 HEAD START LEASE AREA I YMCA LEASE AREA Martin Luther Icing Community Center 1/09