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HomeMy WebLinkAbout1221 ResolutionRESOLUTION NO. 1221 WHEREAS, the city of Pasco and Community Affirmative Action Program wish to enter into an agreement relating to the lease of certain premises located at 205 South Wehe Street, Pasco, Washington, NOW, THEREFORE; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO: That the city council does approve the attached agreement, an original of which is attached hereto and by this reference is incorporated herein, and authorizes the mayor and ex officio city clerk of the city of Pasco to execute said agreement with Community Affirmative Action Program. PASSED by the City Council of the City of Pasco this 18 day of December , 1978 . Chet Bailie, Mayor A : �Z'� � -e 4' ,"2 0-"e �Vyn_We_lls, Deputy City Clerk APPROVED AS TO FORM: Dennis J. De F lice, City Attorney LEASE 1. THIS .LEASE, made and entered into as of the day of in ,the year one thousand nine hundred and by and between the City of Pasco, a Municipal Corporation, whose address is 412 West Clark Street, P.O. Box 293, Pasco, Washington 99301_, hereinafter called the Lessor, and the Community Affirmative Action Program, hereinafter called the Lessee: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows 2. The Lessor hereby leases to the Lessee the following described premises, viz: Approximately 850 square feet of office space in the East Pasco Neighborhood Facility located at 205 South Wehe Street, Pasco, Washington, which is situated on that portion of the NW 1/4, SW 1/4, Section 28, Township 29N., Range 30 E., W.M. described as follows: Beginning at the NE corner of said subdivision; thence S 0038'42" W along the E line thereof 340.00 feet; thence N,89005'33" W. parallel to the N line of said subdivision 791.09 feet to the true point of beginning; thence continuing N 89005'33" W 485.55 -feet to a point which is 40 feet E of the W line of said subdivision; thence S 0046'42" W parallel to and 40 ft. distant from said W line 340.70 feet to a point on the N line of Kurtzman City park; thence S 89009'48" E along said N line and along said N line extended 549.83 feet; thence N 9055'18" W 346.19 feet to the true point of beginning; and that portion of the NW 1/4 of the SW 1/4, Section 28, Township 9 N, Range 30 E., W.M., described as follows: Beginning at the NE corner of said subdivision; thence S 0038'42" W along the E line thereof 340.00 feet; thence N 89005'33" W parallel to the N line of said subdivision 791.09 feet; thence S 09055'18" E 346.19 feet to the true point of beginning;, thence continuing S 09055'18" E 216.26 feet; thence S 0046'42'1 W 224.32 feet to a point on the N line of Alton Street which is 6'88.45 feet from the E line of said NW 1/4; thence N 890 09'48" W allong said N line 163.30 feet to a point on the E line of said Kurtzman City Park; thence N 0046'42" E along the E line of said park 436.70 feet to the NE corner of said park; thence S 89009'48"IE along the N line of said park extended 123.13 feet to the true point of beginning; all in the City of Pasco, County of Franklin, State of Washington; together with joint use of all on-site parking. 3. TO HAVE AND HOLD the premises with their appurtenances for the term beginning on or about January 1, 1979, and ending with termination of Federal funding or December 31, 1981, whichever comes first. Lease - 1 /�/� y i7- y 4. The Lessee shall not assign this lease in any event and shall not sublet the premises except to a desirable tenant, and will not permit the use of the premises by any other than the Lessee, such sublessee, and.the agents and servants of the Lessee or of such sublessee. 5. The Lessor shall furnish to the Lessee during the occupancy of the premises under the terms of this lease as part of the rental consideration the following: Adequate heat, light, water, electricity, air conditioning'',, . restroom facilities, parking space and janitorial services. Janitorial service includes window washing, restroom supplies, light bulbs and garbage collection and disposal. 6. The Lessee shall indemnify the Lessor from all liabilities, expenses and losses incurred by the Lessor as a result of an accident, injury or damage to person or property which happens on or about the leased space, or the building in which the space is located or the surrounding grounds, which is caused by any act, omission or negligence of the Lessee, its agents, officers or employees. 7. The Lessor shall, unless herein specified to the contrary, maintain the premises in good repair and tenantable condition during the continuance of this lease, except in case of damage arising from the act or the negligence of the Lessee's agents or employees. For the purpose of so maintaining the premises, the Lessor reserves the right at reasonable time to enter and inspect the premises and to make any necessary repairs to the 'building. 8. The Lessee shall have the right during the existence of this lease to make alterations, attach fixtures and erect additions, structures I or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed in or upon or attached to the said premises shall be and remain the property of the Lessee and may be removed therefrom by the Lessee upon the termination of this lease. Following removal of any alterations or attachments, the Lessee agrees to restore the premises to its original condition. Lease - 2 9. Any and all payments provided for herein when made to the Lessor by the Lessee shall release the Lessee from any obligation therefor„ to any other party or assignee. 10. The Lessee shall pay the Lessor for the premises rent at the rate of $4.00 per square foot per year for 850 square feet for an annual rental fee of $3,400 for the period January 1, 1979 - December 31,.1979. The Lessee, shall pay the Lessor for the premises rent at the rate of $4.25 per square foot per year for 850 square feet for an annual fee of $3,612.50 for the period January 1, 1980 - December 31, 1980. The Lessee shall pay the Lessor for the premises rent at the rate of $4.50 per square foot per year for 850 square feet for an annual fee of $3,825.00 for the period January 1, 1980 - December 31, 1981. Rental fee payments shall be paid monthly to the Lessor payable in advance. Payments shall be made at the first of each rental month beginning on or about January 1, 1979. 11. In the event the leased premises are destroyed or injured by fire, earthquake or other casualty so as to render the premises totally unfit for occupancy or the Lessor neglects or refuses to restore said premises to their former condition, then the Lessee may terminate this lease and shall be reimbursed for any unearned rent that has been paid. In the event said premises are partially destroyed by any of the aforesaid agencies, the rent herein agreed to be paid shall. be abated from the time of occurrence of such destruction or injury until the premises are again restored to their former condition and any rent paid by the Lessee during the period of abatement shall be credited upon the next installment of rent to be paid. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of theldate first above written. CITY OF PASCO 1 8YIf 5�7 y Chet Bailie, Mayor Attest: Charles T. Criscola, Ex Officio City.Clerk Approved as to Form: Dennis J. De Felice, City Attorney COMMUNITY AFFIRMATIVE ACTION PROGRAM BY RALPH R. ECKER, Chairman Board of Directors Lease - 3 -4- STATE OF WASHINGTON) .ss. ) .County. of Franklin011 Y •' On this day of 197 I.., before me, `3" the undersigned, a Notary Public in and for the State of Washington,'.. duly commissioned and sworn, personally appeared Ralph R. Ecker, Chairman of the Board of Directors for Community Affirmative Action Program, the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, f = and on oath stated that they are authorized to execute the said instrument and that.theseal affixed (if zany) is the corporate seal -r• ; :of said corporation.... Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State <<<. of Washington, residing at STATE OF WASHINGTON) .ss. County of Franklin ) On this �� day of 197f" before me, °:,. the undersigned, a Notary Public in and for the State of Washington, - duly commissioned and sworn, personally appeared Chet Bailie and s µ`.Charles T. Criscola, to me known to be the Mayor and Ex Officio City' .`. . Clerk, respectively, of the city of Pasco, a municipal corporation, `.t,.the corporation that executed the foregoing instrument and acknowledged';_ the said instrument' to be the free and voluntary act and ,.deed ofsaid corporation for the uses and purposes therein mentioned,`, -Are'. ':•`and on oath stated that they are authorized to execute the said '.".'instrument and that the seal affixed.(if„any) is the corporate seal ap. of said corporation. g•' t.` Witness my hand and official 'hereto affixed the,•,-da'Y,-and.- year first above written No ary Public in and°,.for the te.,- rw of Washington, residing] 7 e! LEASE 1. THIS LEASE, made and entered into as of the _ day of , in the year one thousand nine hundred and. , by and between the City of Pasco., a Municipal Corporation, whose address is 412 West Clark Street, P.O. Box 293, Pasco, Washington 99301, hereinafter called the Lessor, and the Community Affirmative Action Program, hereinafter called the Lessee: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 2. The Lessor hereby leases to the Lessee the following described premises, viz: Approximately 850 square feet of office space in the East Pasco Neighborhood Facility located at 205 South Wehe Street, Pasco, Washington, which is situated on that portion of the NW 1/4, SW 1/4, Section 28, Township 29N., Range 30 E., W.M. described as follows: Beginning at the NE corner of said subdivision; thence S 0038'42" W along the E line thereof 340.00 feet; thence N 89005'33" W parallel to the N line of said subdivision 791.09 feet to the true point of beginning; thence continuing N 89005'33" W 485.55 -feet to a point which is 40 feet E of the W line of said subdivision; thence S 0046'42" W parallel to and 40 ft. distant from said W line 340.70 feet to a point on the N line of Kurtzman City park; thence S 89009'48" E along said N line and along said N line extended 549.83 feet; thence N 9055'18" W 346.19 feet to the true point of beginning; and that portion of the NW 1/4 of the SW 1/4, Section 28, Township 9 N, Range 30 E., W.M., described as follows: Beginning at the NE corner of said subdivision; thence S 0038'42" W along the E line thereof 340.00 feet; thence N 89005'33" W parallel to the N line of said subdivision 791.09 feet; thence S 09055'18" E 346.19 feet to the true point of beginning; thence continuing S 09°55'18" E 216.26 feet; thence S 0046'42" W 224.32 feet to a point on the N line of Alton Street which is 6'88.45 feet from the E line of said NW 1/4; thence N 890 09'48" W along said N line 163.30 feet to a point on the E line of said Kurtzman City Park; thence N 0046'42" E along the E line of said park 436.70 feet to the NE corner of said park; thence S 89009'48" E along the N line of said park extended 123.13 feet to the true point of beginning; all in the City of Pasco, County of Franklin, State of Washington; together with joint use of all on-site parking. 3. TO HAVE AND HOLD the premises with their appurtenances for the term beginning on or about January 1, 1979, and ending with termination of Federal funding or December 31, 1981,.whichever comes first. Lease - 1 4.. The Lessee shall not assign this lease in any event and shall not sublet the premises except to a desirable tenant, and will not permit the use of the premises by any other than the Lessee, such sublessee, and the agents and servants of the Lessee or of such sublessee. 5. The Lessor shall furnish to the Lessee during the occupancy of" the premises under the terms of this lease as part of the rental consideration the following: Adequate heat, light, water, electricity, air conditioning, restroom facilities, parking space and janitorial services. Janitorial service includes window washing, restroom supplies, light bulbs and garbage collection and disposal. 6. The Lessee shall indemnify the Lessor from all liabilities, expenses and losses incurred by the Lessor as a result of an accident, injury or damage to person or property.which happens on or about the leased space, or the building in which the space is located or the surrounding grounds, which is caused by any act, omission or negligence of the Lessee, its agents, officers or employees. 7. The Lessor shall, unless herein specified to the contrary, maintain the premises in good repair and tenantable condition during the continuance of this lease, except in case of damage arising.from the act or the negligence of the Lessee's agents or employees. For the purpose of so maintaining the premises, the Lessor reserves the right at reasonable time to enter and inspect the premises and to make any necessary repairs to.the building. 8. The Lessee shall have the right during the existence of this lease to make alterations, attach fixtures and erect additions, structures or signs in or upon th'e premises hereby leased, which fixtures, additions or structures so placed in or upon or attached to the said premises shall be and remain the property of the Lessee and may be removed therefrom by the Lessee upon the termination of this lease. Following removal of any alterations or attachments, the Lessee agrees to restore the premises to its original condition. Lease - 2 9. Any and all payments provided for herein when made to the Lessor by the Lessee shall release the Lessee from any obligation therefor to any other party or assignee. 10. The Lessee shall pay the Lessor for the premises rent at the rate of $4.00 per square.foot per year for 850 square feet for an annual rental fee of $3,400 for the period January 1, 1979 - December 31,.1979. The Lessee shall pay the Lessor for the premises rent at the rate of $4.25 per square foot per year for 850 square feet for an annual fee of $3,612.50 for the period January 1, 1980 - December 31, 1980. The Lessee shall pay the Lessor for the premises rent at the rate of $4.50 per square foot per year for 850 square feet for an annual fee of $3,825.00 for the period January 1, 1980 - December 31, 1981. Rental fee payments shall be paid monthly to the Lessor payable in advance. Payments shall be made at the first of each rental month beginning on or about January 1, 1979. 11. In the event the leased premises are destroyed or injured by .fire, earthquake or other casualty so as to render the premises totally unfit for occupancy or the Lessor neglects or refuses to restore said premi.se.s. to their former condition, then the Lessee may terminate this lease and shall be reimbursed for any unearned rent that has been paid. In the event said premises are partially destroyed by any of the aforesaid agencies, the rent herein agreed to be paid shall be abated from the time of occurrence of such destruction or injury until the premises are again restored to their former condition and any ;rent paid by the Lessee during the period of abatement shall be credited upon the next installment of rent to be paid. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of thedate first above written. CITY OF PASCO. BY Chet Bailie, Mayor Attest: Charles T. Criscola, Ex Officio City Clerk Approved as to Form: LIUAI Den is'J. De Felice, City Attorney COMMUNITY AFFIRMATIVE ACTION PROGRAM BY RALPH R. ECKER, Chairman Board of Directors Lease - 3 _4_ z STATE OF WASHINGTON) .ss. County of. Franklin ) On this day of 197 before me, the undersigned, a Notary Public in and for the State of Washington, :..; duly.commissioned and. sworn, personally appeared Ralph R. Ecker, Chairman of the Board of Directors for Community Affirmative Action Program, the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said ;:,..,•instrument and that the seal. affixed (if ;any) is the corporate-seal,r t.•: a of said corporation. .. Witness my hand and official seal hereto affixed the day and . year first above written. Notary Public in and for the State of Washington, residing at STATE OF WASHINGTON) .ss. County of Franklin ) ; On this�� day of /1 197 J0, before me, . the.undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Chet Bailie and Charles T. Criscola, to me known to be the Mayor and Ex Officio City Clerk, respectively, of the city of Pasco, a. municipal corporation, the corporation that executed the foregoing instrument and acknowledged'the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned,,. and on oath stated that they are authorized to execute the said :,' :''..; �• instrument and that the seal affixed (if any) is the corporate seal of said corporation. . Witness my hand and official sea hereto affixed the day and L year first above written.- o ry Public in and of to of Washington, .residing .at._ ,lCi