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HomeMy WebLinkAbout2184 ResolutionRESOLUTION NO. eD 119 A RESOLUTION approving the lease of the old Corrunumty Center to the Boys and Girls Club WHEREAS, the City has used the old Commumty Center at the north end of Volunteer Park, originally constructed as a USO btulding during World War II, for its city- sponsored recreation programs over the past few decades, and WHEREAS, the City has completed the renovation of the old McLoughlm School on 3rd Avenue to house most City offices, including Parks and Recreation offices, as well as an 8,000 square foot Recreation Center, and WHEREAS, the old Corrunuruty Center in Volunteer Park presents an opportunity to house a program of wide recreational activities sponsored by the Boys and Girls Club of Benton and Franklin Counties, and WHEREAS, the Boys and Girls Club of Benton and Franklin Counties has expressed desire and demonstrated the capacity to utilize the old Community Center as a home for a wide variety of recreation activities available to youth in the Pasco community, at virtually no cost to the City or its taxpayers, and WHEREAS, the City Council finds the proposed use by the Boys and Girls Club of Benton and Franklin Counties to present substantial benefit to the community at large and, in particular, a cost-effective means of expanding evening activity options for at-risk youth in the community; and WHEREAS, the City Council further finds the terms and conditions of the Lease Agreement acceptable to the Boys and Girls Club of Benton and Franklin Counties to be appropriate and beneficial to the City of Pasco, NOW, THEREFORE, THE CITY COUNCIL OF THE CFTY OF PASCO, WASHINGTON, DO RESOLVE AS FOU.OWS: 1. The City Council hereby approves the Lease Agreement with the Boys and Girls Club of Benton and Franklin Counties, attached as Exhibit "A" hereto, for the use of the old Community Center at the north end of Volunteer Park 2. The Mayor is hereby authorized to execute the Lease Agreement upon acceptance by the Boys and Girls Club of Benton and Franklin Counties eFelice, Mayor ubstello, City Attorney PASSED by the City Council of the City of Pasco at a regular meetmg this 1st day May, 1995 CITY OF PASCO: ATTEST: Catherine D. Seaman, Deputy City Clerk AW ROVED AS TO FORM: Resolution approving the lease of the old Community Center Page 2 to the Boys and Girls Club a r -%cyNcA io Pcx--1- 5 . EXHIBIT "A" , i Boys and Girls Club Lease With City For Community Center This Lease Agreement is made and entered into between the City of Pasco, a municipal corporation of the State of Washington (hereinafter referred to as City) and the Boys and Girls Club of Benton-Franklin Counties, Pasco Branch, a Washington non-profit corporation (hereinafter referred to as Corporation) City and Corporation are sometimes jointly referred to as the Parties I. Recitals. Whereas, the City is the owner of a building, commonly known as the Pasco Community Center, sited near the north end of Volunteer Park in Pasco between Third and Fourth Avenues, and Whereas, the City is authorized to provide recreation programs for the citizens of Pasco and the City has recognized the need for further programs for its youth, and in particular those youth at risk for criminal activity and of poor school performance, and Whereas, the City is limited in its financial and staffing resources to provide needed recreational programs and the Corporation is organized specifically for the purpose of addressing and meeting the needs of school-aged youth and in particular those youth at risk for difficulties in the schools and involvement in criminal activities, and Whereas, by Resolution passed on April , 1995, the City Council has determined it would be in the best interest of the citizens of the City of Pasco that the Corporation be permitted for a nominal payment, the use of the Pasco Community Center for the maintenance of its programs in the City of Pasco, now, therefore, In the consideration of the mutual covenants and provisions contained in this agreement, and for other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows 1. Premises. a. The City leases to Corporation and Corporation leases from City, for the term stated in paragraph 2, the building commonly known as the Pasco Community Center, comprising a portion of the Volunteer Park property in Pasco as shown on the site map attached hereto as Exhibit "A", hereinafter "Premises") including a right to use of the adjoining improved parking lot and attendant walkways Boys & Girls Club Lease For Pasco Community Center - Page 1 of 7 b. The City reserves the right to continue its exclusive use of the portion of the Pasco Community Center shown on Exhibit "B" for the "Krayola Kids" program or similar program In the event the City ceases such programming, the Corporation shall be entitled to the use of such space c. With the prior approval of the Corporation, the City further reserves the right to use of the premises for recreational programs and activities at such times and in such areas of the premises so as such recreational programs and activities do not conflict with or interfere with the programs provided or administered by the Corporation Such approval shall not be unreasonably withheld The City Director of Parks and Recreation shall coordinate such City use with the Corporation 2. Term. The term of this lease shall be for twenty (20) years commencing on the date of execution of this Lease Agreement by the parties and ending December 31, 2015 3. Rent. The Corporation shall pay the City as rent for the premises, ten dollars ($10 00) per year for each year during the term of this lease The rent shall be payable on or before the fifteenth day of January in each year Payment for the calendar year 1995 shall be made at the time of the execution of this agreement 4. Use. The Corporation shall use the premises only for the provision of recreational and educational services and programs for youth, provided, however, that the Corporation may use the premises for any other purpose with the City's advance written consent 5. Condition and Maintenance. a. The Corporation has inspected the premises, is familiar with the present condition of the premises and agrees to accept the premises in that condition at the commencement of the term b. The Corporation shall at its own expense, provide adequate janitorial service for the premises, which shall include keeping the premises in a clean condition, free of accumulations of dirt, rubbish and unlawful obstructions c. The Corporation shall at its own expense, also keep in good condition and repair, the interior of the premises, including electrical, heating and cooling systems, plumbing and all entrance ways and sidewalks leading to the interior of the premises To that end, the Corporation shall at its own expense Boys & Girls Club Lease For Pasco Community Center - Page 2 of 7 provide customary maintenance to the portions of the premises as reasonably required under the circumstances and make any necessary major repairs or replacement of systems (i e, heating and cooling) d. The City shall pay the expenses necessary to meet facility handicap accessibility requirements 6. Surrender Of Premises. On the termination date of the lease, the Corporation shall surrender the premises to the City in the same condition as when received, excepting, however, damage by the elements, ordinary wear and tear and additions or alterations made by the Corporation and not required by the City to be removed by the Corporation 7. Utilities. The Corporation shall pay for all water, gas, heat, light, power, telephone and other utilities and services supplied to the premises for the benefit of the Corporation a. The parties acknowledge that the utility costs of that portion of the premises reserved by the City under paragraph 1 b above are not separately ascertainable from the utility costs of the property of a whole, accordingly, the City shall reimburse the Corporation upon receipt of itemized billing from the Corporation each month during the term of the City's continued exclusive use of such space, eight percent (8%) of the utility costs 8. Taxes and Assessments. The premises currently are exempt from general real estate taxes The Corporation shall be responsible for the payment of any State Leasehold Taxes assessed by the State of Washington due to the Corporation's lease of the premises 9. Access To Premises. Notwithstanding the Corporation's use and control of the premises, the City and its agents and employees and independent contractors designated by the City, shall have the right to enter m or upon the premises at any time during the time of the lease for the purpose of inspecting or repairing the premises, provided, however, that in entering upon the premises the person shall not unreasonably interfere with the Corporation's use of the premises 10. Alterations and Improvements. The Corporation shall not be permitted to make alterations and additions to the premises without the written approval of the City such approval shall not be unreasonably withheld The Corporation may remove any alteration or improvement if it wishes upon termination of the lease provided it restores the premises to substantially the same condition as it was on the first day of the lease subject to damage by the elements and ordinary wear and tear The Corporation shall remove any improvement and alteration upon termination of this lease if so requested in t Boys & Girls Club Lease For Pasco Community Center - Page 3 of 7 writing by the City Any addition or improvement made to the premises by the Corporation and not removed shall upon termination of the lease belong to and become property of the City without cost to the City Nothing shall be removed which will affect the structural integrity of the building 11. Parking Lot. During the term of this lease the City shall provide to the Corporation, access to the premises from the adjacent improved parking lot and make available to the Corporation, its officers, employees and invitees the parking lot immediately north of the building Policing of the parking lot will be the responsibihty of the City Police, but repair and maintenance of the parking lot will be the responsibility of the Corporation 12. Insurance. a. Liability and Property Damage Insurance. Lessee, at the expense of Lessee, shall keep in force, during the term of this lease insurance, issued by a responsible insurance company and in a form acceptable to the City Manager, for the protection of Lessor against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from Lessor by reason of damage to the property of, injury to or death of any person or persons on account of any activity which may occur on the demised premises by Lessee The policy or policies shall be in an amount of not less than one million dollars ($1,000,000 00) with respect to any one person and one hundred thousand dollars ($100,000 00) with respect to property damage, provided that this coverage may be limited by the usual and customary limitations and conditions contained in standard owners-landlord-tenant policies written by the majority of stock or mutual insurance comparues doing business in the State of Washington b. The placement and storage of personal property on said premises by the Corporation shall be the responsibility, and at the sole risk, of the Corporation c. Fire Insurance. Each party shall keep its interest in the demised premises, the buildings in which the demised premises are located, and the equipment and fixtures and other property located in the demised premises, insured at its own expense against fire, extended coverage and other risks which it may choose in an amount equal to one hundred percent of insurable value, by policies issued by responsible insurance companies and in a form acceptable to the City Manager All policies of fire insurance required to be carried by Lessor shall contain a waiver of subrogation by the insurer against Lessee All policies of fire I Boys & Girls Club Lease For Pasco Community Center - Page 4 of 7 insurance required to be carried by Lessee shall contain a waiver of subrogation by the insurer against Lessor All policies carried by Lessor shall provide that, in the event of a loss, all payments under them shall be made solely to Lessor All policies carried by Lessee shall provide that, in event of a loss, all payments shall be made solely to Lessee d. Policies of Insurance. The original of all insurance policies required to be carried by Lessee shall be submitted to Lessor on request at all reasonable hours for its inspection, and certificates of this insurance shall be delivered to the City Manager from time to time as the policies are written, and all the certificates shall contain a provision that the respective insurers will not cancel the insurance coverage required under this lease without giving thirty (30) days prior written notice to Lessor At all times the Lessee is operating any of its business operations under the lease, it shall maintain m full force valid insurance of the kind and in the amounts and with the type of comparues required by this lease All insurance policies required to be furnished by Lessee under this agreement may be blanket policies covering the demised premises and other properties owned and operated by Lessee e. Hold Harmless. The Corporation agrees that it shall indemnify, defend and hold the City of Pasco harmless from all losses, damages and expenses of third parties arising out of the Corporation's use of the premises for the purposes permitted herein, except to the extent such loss, damages or expenses are due to the sole negligence of the City, its officers or employees 13. Termination. This lease shall terminate on December 31, 2015 unless sooner terminated as follows a. In the event the Corporation is dissolved for any reason, this lease shall automatically terminate on the effective date of such dissolution b. Either party shall have the right to terminate this lease on any anniversary date upon one (1) year's prior advance written notice to the other party c. The City shall have the right to terminate this lease upon written notice to the Corporation of any breach of this agreement, provided that the Corporation has been provided with at least thirty (30) days in which to cure the alleged breach upon the giving of written notice thereof by the City Boys & Girls Club Lease For Pasco Community Center - Page 5 of 7 14. Assignment. The Corporation may not sub-let or assign its interest in this lease without the consent of the City This lease is personal to the Corporation 15. Notices. Each notice or other communication which may be or is required to be given under this lease shall be in writmg and shall be deemed to have been property given when delivered personally during the normal business hours of the party to whom such commurucation is directed or when sent by United States registered or certified mail, return receipt requested, postage pre-paid, to the appropriate one of the following addresses as may be designated by the appropriate party City: Corporation: City Manager City Hall 525 North Third Avenue Pasco, WA 99301 16. Dispute Resolution. The parties covenant to attempt dispute resolution by mutual agreement of the President of the Corporation, or designee, and the City Manager, or designee Failing mutual agreement, however, disputes may be resolved by either party submitting the matter in dispute to resolution by the Superior Court of the State of Washington for Franklin County, each party, regardless of the outcome, to bear its full costs and fees incident to such dispute resolution -1 Boys & Girls Club Lease For Pasco Community Center - Page 6 of 7 Catherine D Seaman Deputy City Clerk Ap roved As To For. : ubstello ney Gr City In Witness Whereof, each of the parties has caused this lease agreement to be executed by authorized officers as of the above date City of Pasco: • J•01 M ,yor Attest: Ef cgos-7 Felice Boys and Girls Clubs of Benton-Franklin Counties: President Secretary Boys & Girls Club Lease For Pasco Community Center - Page 7 of 7 • s. _ A rehll vets CITY of PASCO ADA SURVEY 1 Consultants. &Engine... 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