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Home My WebLink AboutHACPFC - Facility Use Agreement - 828 North 22nd Ave., #A, Pasco, WA 2018-2019FACILITY USE AGREEMENT 828 North 22nd Ave., #A Pasco, Washington THIS AGREEMENT is made and entered into as of the 151 day of August, 2018 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. RECITALS WHEREAS, 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 Pasco, WA 99301 (Premises), facility as mini -station space for the Pasco Police Department (PPD) and office space for Explorers. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Term. The City shall have the use of the premises along with their appurtenances for the term beginning August 1, 2018 and ending with July 31, 2019. 2. Assianment/Aareement. The City shall not assign this Agreement and shall not permit the use of the premises by anyone other than the City. 3. Renewal. This Agreement may, with the agreement of both parties, be renewed for one year at a monthly rental fee to be negotiated. 4. Termination. 4.1 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. 4.2 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. 5. Maintenance and Repair. Authority's maintenance obligations shall include, but not be limited to, the mechanical, electrical, interior lighting (including replacement of ballasts, starters and fluorescent tubes 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 Facility Use Agreement — HACPFC/City of Pasco Page 1 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.). 6. Conditions of Premises. 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 any cause of damage arising from the negligence or wrongful misconduct 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 cleaning of the facility. 7. Fixtures. 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. 8. Alterations/Improvements. In the event the City requires alterations or improvements during the term of this Agreement and 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. 9. Rental Payment Rate. Rental payment is $300 per month, due by the first day of each month. 10. Disaster. 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 City for any unearned rental fee that has been paid. In the event said premises are partially destroyed, the rental 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 rental fee paid by the City during the period of abatement shall be credited upon the next installment of the rental fee to be paid. It is understood that the terms "abated" and "abatement" mean a pro -rata reduction of area unsuitable for occupancy due to casualty loss in relation to the total use fee area. 11. Entire Agreement. This contract contains the entire agreement between the parties. There are no other understandings, agreements, or representations, oral or written, not Facility Use Agreement — HACPFC/City of Pasco Page 2 specified herein regarding this contract. This contract shall not be amended orally, but only by an agreement in writing signed by each of the parties. 12. Reimbursement for Damase to Premises. The City hereby agrees to reimburse the Authority for damages caused by the negligent or intentional acts 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 City responsible for the repair of normal wear and tear. 13. Hazardous Substances. 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 City. 14. Insurance. 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. 15. Indemnification. 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 when caused in whole or in part by any negligent act or omission of City, its agents, officials, employees, or subcontractors, except where caused by the negligence or willful misconduct of Authority, its agents, employees, or subcontractors. Authority shall indemnify and hold harmless City, 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 when caused in whole or in part by any negligent act or omission of Authority, its agents, officials, employees, or subcontractors, except where caused by the negligence or willful misconduct of City, its agents, employees, or subcontractors. 16. Prohibition of Discrimination. 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. 17. Notice. All notices required to be given under this Agreement shall be in writing and shall be deemed served when mailed via certified mail, return receipt requested, to the attention of the individual or position identified below. The Parties may, upon mutual agreement, determine to accept notice via email. Facility Use Agreement — HACPFC/City of Pasco Page 3 City of Pasco: Dave Zabell, City Manager City of Pasco 525 North 3rd Pasco WA 99301 E -Mail: zabelld@pasco-wa.gov Housing Authority of the City of Pasco and Franklin County F. J. Anderson, Executive Director Housing Authority of the City of Pasco and Franklin County 2505 West Lewis Street Pasco, WA 99301 E -Mail: aanderson@hacpfc.org 18. Quiet Eniovment. Landlord agrees that so long as Tenant observes and performs all of the agreements and covenants required of it hereunder, Tenant shall peaceably and quietly have, hold and enjoy the Premises for the Lease term without any encumbrance, interference or hindrance by Landlord, its agents or employees. 19. General Provisions. Time is of the essence. Should any dispute arise concerning the enforcement, interpretation, breach or any other term of this Agreement, the parties shall first meet in a good faith effort to resolve the dispute. In the event the dispute cannot be resolved by agreement of the parties or by mediation, the dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR). Venue shall be placed in Franklin County, Washington; the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. HOUSING AUTHORITY OF THE CITY OF PASCO and Franklin County By: FAJt v� F.J. t on ers, Executive Director CITY OF PASCO, WASHINGTON Date: - � l By: Date: O Dave Zabe , i yanager Facility Use Agreement — HACPFC/City of Pasco Page 4 Attest:�j By: NGT/i (��1/fJ Daniela Erickson, City Clerk Approvedas to Form: By. Lel .Kerr, City Attorney STATE OF WASHINGTON ) :ss County of Franklin ) On this day personally appeared before me DAVE ZABELL, City Manager for the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. under my hand and official seal this -day of J- , 2018. =`�tjOY y i+++ ON a A� �a, 8.18-2p /C i � � WASe STATE OF WASHINGTON) :ss County of Franklin Notary Public jfi and for the State of Washington Residing at &4 /Z)8 (1711 /1GC1 My Commission Expires 9 o On this day personally appeared before me F. J. ANDERSON, Executive Director of the Housing Authority of the City of Pasco and Franklin County, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. ```C R C+N under my hand and official eal this 2�G'd of , 2018. P.�� , ';Slom Nil u+ OOTA,p �m%.� No y c in d for the St to of Washington • - 5 Residing at _ -A '&aoc' € 2 s My CommissiM Expires 1 2 Facility Use Agreement— HACPFC/City of Pasco Page 5