HomeMy WebLinkAboutTri-Cities Union Gospel Mission (TCUGM) Downtwn Mini-Station Facility Use AgreementFILED FOR RECORD AT REQUEST OF:
City of Pasco
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3n1
Pasco WA 99301
FACILITY USE AGREEMENT
Downtown Mini-Station
AFN # 1892907 AGREE
04111812D1910:44 AM
6 PageCs) $104..00
Matt Bealnn, AudilDr
Franklin Co., WA
""TIDS FACILITY USE AGREEMENT ("Agreement" is entered into this 5 day of lJoUfkvtbe.v, 2018, between the City of Pasco, a Washington
Municipal Corporation ("City") and the Tri-Cities Union Gospel Mission ("TCUGM")
and.
WHEREAS, the TCUGM is the owner of an office space facility (''the Facility") at
319 West Lewis Street, Pasco, Washington; and
WHEREAS, the City of Pasco desires to utilize the Facility as mini-station space
for the Pasco Police Department (PPD) and other various functions as enumerated in this
Agreement; and
WHEREAS, the parties agree that in carrying out the terms of this Agreement, a
mini-station for the Pasco Police Department's use at this location is in the best interest of
public safety.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1. Property. TCUGM leases to City the property situated in Franklin County,
Washington, commonly known_ as 42 5 West Lewis Street, Pasco , Washington, and Tax
Parcel No. 112-041-353. Legal Description: School Block S 24' of Lot 12, B 1
The property shall be used by the City of Pasco Police Department as mini-station
space, as office space for Explorers, office space for crime prevention, and as a location for
meetings with the public.
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2. Term. This Agreement shall be effective on September 1, 2018, and shall
continue until August 31, 2021.
3. Maintenance. TCUGM agrees to be responsible for the maintenance
obligations for the Facility, including but not limited to 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 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 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.)
4. Facility Fee and Payment Schedule. As consideration for the permission
to use the Facility for the uses described herein, and as consideration for· improvements
made to the facility by TCUGM to accommodate the tenant, the City agrees to pay to
TCUGM a one-time fee of $1072.40, upon execution of the agreement. The City will also
pay rent in the amount of $300.00 per month from the effective date until terminated. City
agrees to pay TCUGM this rent monthly by the first day of every month.
5. Termination. Either party may terminate this agreement without prior
notice if the other party fails to abide by the terms and conditions of this agreement. 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.
6. Renewal. This Agreement may be renewed for additional three (3) year
terms upon the agreement of both parties. Prior to each renewal, the parties may negotiate
a monthly rental rate for the renewal period.
7. Indemnity and Hold Harmless. City agrees that it will protect, save,
defend, hold harmless and indemnify District, its employees, volunteers, officers and
agents from any and all demands, claims, judgments, or liability for loss or damage arising
as a result of City's obligations and responsibilities under this Agreement, including
accidents, injuries, or other occurrences, that arise out of the negligent acts or failure to act
of City's employees, volunteers, officers and agents.
TCUGM agrees that it will protect, save, defend, hold harmless and indemnify
City, its employees, volunteers, officers and agents from any and all demands, claims,
judgments, or liability for loss or damage arising as a result ofTCUGM's obligations and
responsibilities under this Agreement including accidents, injuries, or other occurrences,
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that arise out of the negligent acts or failure to act of TCUGM's employees, volunteers,
officers and agents.
8. Damage or Destruction. 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 TCUGM neglects and/or refuses to restore said premises
to their former condition, then the TCUGM may terminate this Agreement and shall
reimburse 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.
9. 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.
City shall indemnify and hold harmless TCUGM, 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, caused in whole or in part by any negligent act or omission of City
and its subcontractor, anyone directly or indirectly employed by the City, except where
caused by the active negligence, sole negligence, or willful misconduct of TCUGM, its
agents, employees, or subcontractors.
TCUGM shall maintain casualty insurance on the facility at all times during this
Agreement.
10. Reimbursement for Damages to Premises. The City hereby agrees to
reimburse the TCUGM for damages caused by the acts or negligence of its employees,
clients, and agents, but in no event shall this paragraph be construed as diminishing the
TCUGM's duty to make repair as set forth in preceding paragraphs of this agreement, or as
making PPD responsible for the repair of normal wear and tear.
11. Hazardous Substances. TCUGM 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. TCUGM 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
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substances on the premises, except for such substances as may be placed on the premises
bythePPD.
12. Conditions of Premises. The TCUGM shall, unless herein specified to the
contrary, maintain the premises in good repair and tenantable condition during the
continuance of this agreement, excepting case of damage arising from the act or negligence
of the City's clients, agents, or employees. For the purpose of so maintaining the premises,
the TCUGM 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.
13. Limitation of Agreement. This Agreement is entered into for the benefit
of the parties to this Agreement only. The Agreement is not intended to confer any benefit
on any other parties and therefore no other or third party shall be entitled to rely on the
terms of this Agreement or anticipate receipt of any benefit as a result of the performance
of this Agreement.
14. Alterations. The City, upon the written request, shall have the right during
the existence of this agreement with the written permission of the TCUGM 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.
In the event the City requires alterations/improvements during the term of this
agreement, any renewals and/or modifications thereof, the TCUGM shall have the first
right of refusal to provide such services. The City shall reimburse the TCUGM for the
reasonable cost of such alterations/improvements that were required by the City
15. Notices. All notices, request, demands and other communications required
by this Agreement shall be in writing and, except as expressly provided elsewhere in this
Agreement, shall be deemed to have been served at the time of delivery if personally
delivered or delivered, or at the time of mailing, if mailed by first class, postage prepaid,
and addressed to the party at its address as stated in this Agreement, or at such other
address as the party may designate at any time in writing to the other party.
City of Pasco
525 N 3rd Avenue
Pasco, WA 99301
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TCUGM
P.O. Box 1443
Pasco, WA 99301
16. Assignment or Subletting: City is prohibited from either assigning or
subletting all or any portion of the Facility during its use of the Facility, and shall not
permit the use of the Facility by anyone other than what is provided for under this
Agreement.
17. Dispute Resolution. Except for the payment of rent, in the event of a
dispute regarding the enforcement, breach or interpretation of this Agreement, the parties
shall first meet in a .good faith effort to resolve such dispute. In the event the dispute
cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration
pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (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.
18. Amendment. No modification, termination or amendment of this
Agreement may be made except by written agreement signed by both parties hereto.
19. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any other provision
hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
20. Governing Law. This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Washington, and
the parties agree that in any such action venue shall lie exclusively in Franklin County,
Washington.
21. 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.
22. Entire Agreement. The entire agreement between the parties hereto is
contained in this Agreement and the exhibits hereto, and this Agreement supersedes all of
their previous understandings and agreements, written and oral, with respect to this
transaction. This Agreement may be amended only by written instrument executed by the
parties subsequent to the date hereof.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first above written.
City of Pasco, Washington Tri-Cities Union Gospel Mission
By: -~L/4:L_
Andrew Porter, Eiecutive Director
STATEOFWASHINGTON )
: ss
County of Franklin )
On this day personally appeared before me Dave Zabell, City Manager of the City of
Pasco, Washington, to be known to be the individual 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.
GIVEN under my hand and official seal this 5-f'r, day of lvPvetttbeC
i"mn-n yj · 0 b ·
I! --~·=1 •WAutu ~ ~Jtl{J I DANIElAP.. ERICIC80N NOTARY PUBLIC in and fo t; the tate of Washington
ii MY COMM188101J ECPIU Residing at )Z I) U
&_ MARCH18,al M C .. tJ y OIIlllllSSIOn
STATEOFWASHINGTON )
: ss
County of Franklin )
On this day personally appeared before me Andrew Porter, Executive Director of the
TCUGM, to be known to be the individual 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.
GIVEN under my hand
2018. ,, .. ,,, ,,,, E •• ,,,,.
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Residing at [Y~ Ulur{f'1
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