HomeMy WebLinkAboutHousing Authority Facility Use Agreement Mini Station 08.01.21FACILITY USE AGREEMENT
828 North 22nd Avenue, #A
Pasco, Washington
THIS AGREEMENT is made and entered into as of the 1' day of August, 2021, by and
between the Housing Authority of the City of Pasco and 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, 2021 and ending with July 31, 2022.
2. Assignment/Agreement. 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
tam of this agreement, terminate the contact by giving thirty (30) days prior written
notice of its intent to terminate.
5. Maintenance and Re sue. 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 restriping
as required); drainage; landscaping and continuous satisfaction of all governmental
Facility Use Agreement — HAMMity of Pasco
Page 1
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 clearing 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.
S. 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 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.
Facft Use Agramcat — HACPFClCiry of Pasco
Page 2
12. Reimbursement for Damage 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 Ag eonent — HACPFCANy of Pasco
Page 3
City of Pasco:
Dave Zabell, City Manager
City of Pasco
525 North 3'd
Pasco WA 99301
E-Mail: zabelld@pasco-wa.gov
Housinu Authorit% of the CitN of Pasco and Franklin Count
Matt Truman, Executive Director
Housing Authority of the City of Pasco and Franklin County
2505 West Lewis Street
Pasco, WA 99301
E-Mail: mtruman@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: -
Matt Truman, Executive Director
CITY OF PASCO, WASHINGTON
By:
Dave Zabell, C ager
Date:
Date: q�1/1?
Facility Use Agreeme w — HACPFCfCity of Paseo
Page 4
Attest:
By:
Debra Barham, City Clerk
Approved as to F
By:
Kerr Ferg .. v PLLC, Ci ttomey
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.
GIVEN under my hand and official seal this day ofyUk'Qj , 2021.
APRIL CULWELL Notary blic i and for the State of Washington
NOTARY PUBLICZOQ573 Residing at to A
STATE OF WASHINGTON M Commission Expires
k 23
COMMISSION EXPIRES y p
JULY 19, 2023
STATE OF WASHINGTON )
:ss
County of Franklin )
On this day personally appeared before me MATT TRUMAN, 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.
GIVEN under my hand and official al this d of 2021.
r
LISA RICHWINE
NOTARY PUBLIC #t72638
STATE OF WASHINGTON
COMMISSION EXPIRES
R ANUARY 18, 2025
No ub 5=z= I Washington
Residing at _
My Commission Expires j 2-04
Facility Use Agrectmt — HACPFMity of Pasco
Page 5