HomeMy WebLinkAboutTri-Cities Adult Baseball League - Walter's Field Lease 09.18.17Walter's Field Lease
(Tri -Cities Adult Baseball League)
This lease agreement is made and entered into this 18th day of September , 2017, by and
between the City of Pasco, a municipal corporation of the State of Washington, hereinafter referred to as the
"Lessor", and the Tri -Cities Adult Baseball 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. The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor, a
subsection of city owned parcel #112320015 subject to all deed restrictions, covenants, and easements of
record, situated 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 five (5) years, commencing on the date entered above, and ending
December 31, 2022. The Lessee shall have the option of renewing this lease at the end of the initial lease term
for an additional five year period, provided the Lessor has not given the Lessee written notice of non -renewal as
set forth herein and the Lessee has given to the Lessor written notice of its intent to renew the lease term by
delivering to the City of Pasco Administrative & Community Services Director, Lessee's written notice of
intent within the period of sixty (60) days immediately prior to the termination of the initial lease term. If the
Lessor determines that the premises should not be leased to the Lessee for an additional five year term, the City
may give written notice of its intent of non -renewal by providing the Lessee with written notice of such intent at
the Lessee's address set forth in paragraph 20 of this agreement. Such notice must be delivered to the Lessee no
earlier than the start of the fourth year of this agreement and no later than one hundred eighty days prior to the
termination of the initial lease term.
3. Use of Premises. The premises shall be used for a baseball field, concession stand, restroom and parking
lot and for no other purpose, unless prior written permission is given by City of Pasco Administrative &
Community Services Director or his/her designee.
3.1 Lessee will provide the City of Pasco Recreation Division a copy of its league and tournament
schedules (send to recreation(a),pasco-wa.gov). Lessee will also provide the Recreation Division the scheduled
use days for any other approved outside user groups. Any field use fees charged to and paid by any approved
outside user groups will be split 80/20 Lessee/Lessor. (For outside group approval process see Section 15 &
Attachment B)
3.1 a All outside user groups will provide the City of Pasco a certificate of insurance naming the City
of Pasco as an additionally insured.
3.2 Lessee will work with Pasco Babe Ruth, Pasco Little League and/or other organizations or player
parents to establish a 13 -18 year old youth baseball team(s)/league(s) in Pasco. Once the team(s)/league(s) are
established, Lessee will work cooperatively with the team(s)/league(s) to provide game and practice time at the
premises, primarily but not limited to week day evenings and Saturdays. It is expected that Lessee will, by
approval of Lessor, enter into an agreement with stated youth baseball team(s)/league(s) to divide maintenance
and other responsibilities related to the Premises.
WALTER'S FIELD LEASE AGREEMENT — PAGE 1
/a IC/1
3.3 It is understood by the parties that Lessee will work cooperatively with the City of Pasco Recreation
Services Division to allow use of the premises for baseball activities that are part of area wide tournaments.
These tournaments would be considered Lessor approved outside user groups. Lessee will communicate directly
with the tournament director to establish fees charged, field prep provided, and other details associated with the
tournament and their use of Walter's Field. All fees charged by the Lessee and paid by the tournament organizer
for use of the field will also be split 80/20 Lessee/Lessor. Lessee would be encouraged to run concessions
during these tournaments and would keep all revenue generated from concession sales. Generally, these
tournaments will take place on weekends between the months of March and September.
3.4 It is understood by the parties that Lessee will work cooperatively with the City of Pasco to allow use
of the premises for special events throughout the calendar year. The events must not interfere with Lessee's
activities and the event dates, times, and activities must be coordinated with the Lessee.
4. Utilities. The Lessee shall be liable for and shall pay, throughout the tern 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 the Lessor, the Lessee, and lessee/operator of the Pasco Little League will be
jointly using the existing well located in Riverview Park for the purpose of irrigating the park, the premises and
the Little League fields (located north of the premises), respectively. Lessor shall be responsible for electrical
costs for the well and maintenance thereof. Lessee shall be responsible for the maintenance of its supply line
from the well and all other irrigation equipment which serves the premises.
5. Maintenance and Repair. At the expiration or sooner termination of this lease, Lessee shall return the
premises to the Lessor in the same condition in which received, reasonable wear and tear and excepted, and
except as modified pursuant to the provisions and requirements 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 Tri -Cities Adult Baseball
League, 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.
6. Restrooms. Lessor shall be responsible for the cost of utilities, cleaning, care and maintenance of the
restroom facility located outside the third base line of the baseball field.
7. Alterations and Improvements. Lessee shall make no alterations or improvements to or on the premises
without first submitting a letter of intent and obtaining written approval from the City of Pasco Administrative
and Community Services Director (acsadmin@pasco-wa.gov; 509-543-5757) or his/her designee. The letter of
intent to make alterations and improvements should include the following:
• Description of intended alteration or improvement (Include specifications where possible)
• Detail of source funds used to pay for the project (include in-kind and labor donations)
• Proposed timeline for the project including submission for building and other permits.
• Name and Contact information of key individuals overseeing the project.
8. Inspection. The Lessor reserves the right to inspect the leased 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 Lessor hereunder shall impose no obligation on the Lessor to make inspections to
ascertain the condition of the premises and shall impose no liability on the Lessor for failure to make such
inspection.
WALTER'S FIELD LEASE AGREEMENT — PAGE 2
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 of Pasco Administrative and Community Services Director or his/her
designee, except warning signs, advertising by sponsors on the outfield fence, facility rules and regulations,
signs identifying the name of the premises and facilities at the premises (i.e. restrooms, concessions, etc.). 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 outside normal wear and tear, and correct any unsightly condition, caused by maintenance and
removal of said signs.
10. Damage or Destruction. In the event significant damage to the facility occurs (such as by fire, flood,
storm, vehicle or other) to the buildings or improvements on the premises, the Lessor may elect to make such
repairs as are necessary to restore the premises to a safe, neat and good condition. Otherwise, the Lessor may
elect to terminate this lease by giving notice to the Lessee in writing if the premises are not to be restored within
a reasonable time after the date of the casualty.
11. Indemnification/Hold Harmless. Lessee shall defend, indemnify, and hold harmless the Lessor, its
officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for
injury or death of any person, or for loss or damage to property, which arises out of Lessee's use of Premises, or
from the conduct of Lessee's business, or from any activity, work or thing done, permitted, or suffered by
Lessee in or about the Premises, except only such injury or damage as shall have been occasioned by the sole
negligence of the Lessor.
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 Lessee's
operation and use of the leased Premises.
A. Minimum Scope of Insurance
Lessee shall obtain insurance of the types described below:
Commercial General Liabilitv insurance shall be written on Insurance
Services Office (ISO) occurrence from GC 00101 and shall cover
premises and contractual liability. The Lessor shall be named as an
insured on Lessee's Commercial General Liability insurance policy
using ISO Additional Insured -Managers or Lessors of Premises Form
CG 20 11 or a substitute endorsement providing equivalent coverage.
2. Pronertv insurance shall be written on all risk basis.
B. Minimum Amounts of Insurance
Lessee shall maintain the following insurance limits:
1. Commercial General Liabilitv 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
WALTER'S FIELD LEASE AGREEMENT — PAGE 3
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 primary insurance as respect the
Lessor. Any Insurance, self-insurance, or insurance pool coverage maintained
by the Lessor shall be excess of the Lessee's insurance and shall not contribute
with it.
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 Lessor.
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 famish the Lessor 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
Lessee.
F. Waiver of Subrogation
Lessee and Lessor 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. Lessor's Property Insurance. Lessor shall purchase and maintain during the term of the lease, all-risk
property insurance covering the premises for their full replacement value without any coinsurance provisions.
13. 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 that may be on leasehold interests created under this lease
agreement. At the present time, since the Lessor 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.
14. Compliance with all Laws. Lessee agrees to comply with all applicable rules and regulations of the
Lessor 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 Lessor and the general public. Lessee further agrees to comply with
all applicable federal and state laws, ordinances and regulations.
15. 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 Lessor first had and obtained through submission and approval of attached "Permission to Sublease" form.
Attachment B. If the Lessor shall give its consent to any assignment or sublease, this paragraph shall
WALTER'S FIELD LEASE AGREEMENT - PAGE 4
nevertheless continue in full force and effect and no further assignment or sublease shall be made without the
Lessor's consent. All Field Use/Sublease fees collected by Lessee must be split 80/20 Lessee/Lessor (See
section 3).
16. 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, tern or condition of this lease, then, in such case, Lessor 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 Lessor shall re-enter the premises,
Lessor may, upon any terms and conditions as Lessor, in its sole discretion, may deem advisable, make
alterations and repairs to the premises. Lessee shall pay to Lessor, as soon as ascertained, the costs and
expenses incurred by Lessor in such reletting and in making such alterations and repairs.
No such reletting of the premises by the Lessor 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, Lessor may, at any
time thereafter, elect to terminate this lease for such previous breach, provided that it has not been cured.
Should Lessor 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.
17. Acceptance of Premises. Lessee has examined the leased premises and accepts it in its present condition.
18. Use Restrictions. The Lessee shall not carry on upon the demised premises, 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 Lessor.
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 Lessor, and deliver to the Lessor 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 losing party shall pay all of the successful party's actual costs in connection with
such action, including such sums as the court or courts may adjudge reasonable as attorney's fees in the trial
court and in any appellate courts.
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 Lessor's
request, Lessee shall furnish the Lessor with written proof of payment or 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 Lessor: Administrative and Community Services Department
City of Pasco
P.O. Box 293
Pasco, WA 99301
To Lessee: Tri -Cities Adult Baseball League
9317 Broughton Dr.
Pasco, WA 99301
WALTER'S FIELD LEASE AGREEMENT — PAGE 5
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 State 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 Pasco Administrative
and Community Services Director a current list of names addresses and telephone numbers of Lessee's
officers.
22. Non -Discrimination. The Lessee shall operate the premises in such a fashion to insure that no person is
discriminated against on the basis of sex, national origin, race, creed, or color. In addition, Lessee shall assure
that no qualified person with a disability shall be discriminated against in access to and use of the facility.
23. Entire Agreement — Amendments. This agreement constitutes the whole agreement between the Lessor
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.
CITY OIF PASCO:
lvt_
Dan Dotta
City of Pasco, Acting A&CS Department Director
TRI -CITIES ADULT BO,SEBALL.
by: �_5,
Its ff25J4f7
(Title)
WALTER'S FIELD LEASE AGREEMENT— PAGE 6
State of Washington )
:ss
County of Franklin )
On this - day of before me, the undersi ed, a N tart' ublic in and for the
State of Washington, du }Y commissi' end- a�d sworn, ersonally appeared it tH
to me known to be the (p Priot &—s ►�If i of the City of Pasco, Washington and
executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and
deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute the said instrument.
WITNESS MY SEAL.
PIC
SANDYLKENWORT—
gcr�jN
/�
!Jz
August 2019 J
Notary PubIi
r Washington
Residing at:
C%
My Commission
Expires: Z
State of Washington )
:ss
County of Franklin )
On this day of �P f-��C ter, before me, the undersigned, a ofT;u lic in and r the
State of Washington, dull commissioned and sworn, personally appeared r
to me known to be the of the PASCO TRI -CITIES ADULT BASEBALL, that executed
the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said association, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to
execute the said instrument.
WITNESS MY SEAL. Notary Public
State of Washington
SANDY L KENWORTHY
�� ��� � MY COMMISSION EXPIRES
August 7, 2019
Notary Public Washington
Residing at: C d
My Commission Expires:
WALTER'S FIELD LEASE AGREEMENT - PAGE 7
Attachment B
F ti PARKS AND RECREATION DEPARTMENT (509) 545-3456 / Fax (509) 545-3455
P.O. BOX 293,525 NORTH THIRD AVENUE, PASCO, WASHINGTON 99301
WALTER'S BASEBALL FIELD
PERMISSION TO SUBLEASE
Date
We the "Lessee" (Tri -Cities Adult Baseball League ) as designated in the Walter's Field Lease Agreement do
hereby request permission from "Lessor" (City of Pasco) to sublease the "premises", as set forth and described
in the afore mentioned Lease Agreement, to
according to the attached use schedule. Their use of the "premises" will take place on
(day(s) of week) from
following:
Field Use Maintenance
(date) to
(name/organization)
Concessions Use of Lights
and will include the
And fees in the amount of $ will be charged for the stated use. This permission to
sublease we do submit on this day of 20 . Lessor will also find
attached, each of the following required documents:
Certificate of insurance from (name/organization) naming the
City of Pasco as an additionally insured (Gen. Liability meeting the requirement set forth in the Walter's
Field Lease Agreement).
Proposed Schedule of use
Respectfully submitted:
Signature (Tri -Cities Adult Baseball League)
City of Pasco Use
Print Name
The above request to sublease the Walter's Field premises has been reviewed and:
Has been Denied Has been Approved
Has been approved with the following required changes:
City of Pasco, A&CS Department Director Date
WALTER'S FIELD LEASE AGREEMENT — PAGE 9