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HomeMy WebLinkAbout2.67 Original Contract ~.u7 ,', -. LEASE AGREEMENT THIS LEASE AGREEMENT is made this 5th day of May 2009, by and between the City of Port Angeles, a municipal corporation of the State of Washington, hereinafter known as the City,andClallam County Family YMCA, a corporation of the State of Washington, hereinafter known as Lessee. 1. Premises. For and in consideration of the mutual promises, covenants and conditions set forth herein, the City does hereby covenant and agree to let and lease unto the Lessee the building identified as 1431 Ediz Hook Road, Port Angeles, Washington; said building being located in and upon land and tidelands leased to the City of Port Angeles from the United States of America, said building being described as follows: , The building identified as 1431 Ediz Hook Road, Port Angeles, Clallam County, Washington. 2. Term. '! ': A. The building to be leased is located upon land and tidelands subject to a 99-year lease between the City of Port Angeles and the United States of America, which lease expires June 30, 2013 ("the underlying lease"), The City, however, is seeking a renewal of the lease for an additional 99-year term. The term of this lease is subject to the renewal of the underlying lease. B. This lease shall be for a period of ten (10) years commencing on the 5th day of May, 2009, and terminat~ng at miclnight.onMCly,~,,~Ql:9,{)r th~ Q.a~~ the un<ierlying lease expires or is terminated, whichever occurs first, unless sooner terminated in accordance with the terms hereof. 3. Rent. The Lessee agrees to pay the City during the term of this lease a monthly sum of One Hundred ($100,00) Dollars plus leasehold tax, if applicable, for the first 12 months of this lease, due the 10th day of each month. The Lessee agrees to pay the monthly sum of Two Hundred ($200.00) Dollars plus the leasehold tax, if applicable, for the next 12 months of this lease, due on or before the 10th day of each month. For each year of the lease thereafter, the monthly rental amount shall be adjusted by increasing the monthly rate by the percentage increase in the CPI. For this purpose, the increase in the CPI shall be the annual average percentage increase in the CPI - U , West Region, index base period 1982-84= 100, as reported in June of each year. For lease payments more than three days late, there shall be a penalty of $10.00 plus one dollar per month interest. -1- 4. Restrictions on Use. A. The premises hereby leased are to be used for and in connection with the purpose of storage of rowing shells and clubhouse for non-profit rowing club activities. Lessee shall not cause or allow any use of the premises to materially interfere with recreational or commercial users of Ediz Hook. Any change of use shall be cause for termination of the lease or for renegotiation of lease terms, at City's option. B. The Lessee shall not operate on, or permit the operation upon these premises of, any unlawful activities or any public nuisance or any business which is in violation of the laws of the United States of America, the State of Washington, or the City of Port Angeles. C. It is covenanted and agreed that the Clallam County Family YMCA shall not construct or maintain any obstruction to air navigation on the leased premises, exceeding the following limiting heights above ground level: commencing at Point "A", 200 feet from the end of the U.S. Coast Guard Air Station, Port Angeles, runway on the extended runway centerline, said Point "A" described further as follows: Washington State Coordinate System, North Zone, coordinates, x = 1,367,939.34, y = 427,160.79; no obstruction for 12,000 feet from Point "A" outward from the end of the runway along the centerline extended and on either side thereof shall penetrate a plane originating at Point "A" with a slope of 50: 1. 5. Repairs and Maintenance. Premises have been inspected and are accepted by Lessee in their present condition. Lessee shall, at its own expense and at all times, keep the premises neat, clean and in a sanitary condition, and keep and use the premises in accordance with applicable laws, ordinances, rules, regulations and requirements of governmental authorities. Lessee shall permit no waste, damage or injury to the premises and shall remove ice and snow from sidewalks adjoining the premises. Lessee shall make such repairs as necessary to maintain the premises in as good condition as they now are. The Lessee ~hall be responsible for. the maintenance and upkeep in a safe condition and presentable manner. The Lessee shall be responsible for securing, at Lessee's expense, any permit required for repair, maintenance or construction on the preniises. 6. Subletting or Assignment. The Lessee shall not sublease or underlet any part of said premises nor assign this sublease without the written consent of the City and approval of the United States of America. 7. Liability and Insurance. The Lessee shall forever indemnify, defend, and hold harmless the City from all damages for any injury to person or property that may be caused in any manner by the use of the Lessee of the premises' hereby leased' or' by the 'c'onstruction or maintenance of any private way therein, and shall defend any litigation against said City at the expense of said Lessee arising from such injuries, except the Lessee shall have no obligation to defend or save and hold the City harmless from damages arising from the sole negligence of the City, its agents, contractors or employees. The Lessee shall provide proof of liability insurance in the amount of $1,000,000.00. The Lessee shall cause the City of Port Angeles to be named as an additional insured on all liability policies and provide endorsement of insurance to the City. I ill . .,. ..., ~2- ....' -, Ii ., :.. ., .'." -.. .. 8. Underlying Lease. A. This lease and all its provisions and any renewals thereunder are subject to all the conditions, restrictions, provisions and renewal of the underlying lease from the United States of America to the City of Port Angeles, dated August 17, 1914, and all conditions, provisions and restrictions of any succeeding leases. B. The Lessee shall not hold the City of Port Angeles liable for any damage which may be sustained by the Lessee by reason of cancellation of the underlying lease or the City's inability to obtain a renewal of the lease from the United States Government unless cancellation resulted from the failure to the City to comply with terms of the lease from the United States Government. 9. Improvements. It is further expressly agreed and understood that the premises currently are not served with water, or sewer, and have only minimal electric utility service. Lessee shall make no improvements to said premises without the prior written approval of City. Should Lessee desire to install water or sewer utility service or to upgrade electric utility service, Lessee will be solely responsible for the cost of providing or upgrading such services. All such utility work shall be pursuant to appropriate permits and performed by licensed contractors. Lessee shall save City harmless and satisfy any charges that may result from any work performed on , said building or for utilities done to service said building. Upon the expiration or termination of this lease, any improvements become the property of the City. 10. Default and Re-entry. If the Lessee fails to maintain an~ operate' in good faith as described in Section 4 A, its busine'ss, within' the time and in the manner herein before mentioned, or fails to keep or perform any or all of the covenants and agreements herein contained, and fails to cure said default within 30 days of notice of default by City, then this lease shall be terminated. If the Lessee shall fail to quit and surrender said premises upon termination of this lease or any extension thereof, the Lessee shall be liable to lawful eviction. 11. Utilities and Fees. Lessee agrees to pay all charges for light, heat, water, sewer, garbage, drainage and all other utilities and services to the premises during the full term of this lease and any extensions thereof. All other items including all license fees and other governmental charges levied on the operation of Lessee's business on the premises shall be paid directly by Lessee. 12. Signs. All signs or symbols placed by Lessee in the windows and doors of the premises, or upon any exterior part of the building shall be subject to City's prior written approval, which approval shall not be unreasonably withheld. All signs must comply with sign 'ordinances and be placed in accordance with required permits. City may demand the removal of signs which are not so approved and Less~e's failure to comply,with,~aidireq4~stl ~ithin f<;lrty-eight (48) hours will constitute a breach of this paragraph and will entitle City to terminate this lease or, in lieu thereof, to cause the sign to be removed at the sole expense of the Lessee. At the termination of the lease, Lessee will remove all signs placed by it upon the premises and will repair any damage caused by such removal. -3- 13. Liens and Insolvency. Lessee shall keep the premises free from any liens arising out of any work performed by or at the request of Lessee. Should any liens be filed against said property as a result of the acts or omissions of Lessee and Lessee does not promptly remove said liens, then City may cancel this lease or pursue other remedies at its option. In the event Lessee becomes insolvent, bankrupt or if a receiver, assignee or other liquidating officer is appointed for the business of Lessee, City can cancel this lease at its option. 14. Damage or Destruction. In the event the premises are rendered untenantable in whole or in part by fire, the elements, or other casualty, City may elect, at its option, not to restore the premises and shall so notify Lessee, in which event Lessee shall vacate the premises and this lease shall be terminated; or in the alternative, City shall notify Lessee, within thirty (30) days after such casualty that City will undertake to restore the premises and that such work can be completed within one hundred eighty (180) days from the date of such notice of intent. If City is unable to restore or rebuild the premises within the said one hundred eighty (180) days, then the lease may be terminated at Lessee's option by written ten (10) days notice to City. During the period of untenantability, rent will abate in thesame ratio as the portion of the premises rendered untenantable bears to the whole of the premises. 15. Access. The City shall have the right to enter the premises at all reasonable times for the purpose of inspection or of making repairs, additions or alterations and to show the premises to prospective tenants for one hundred eighty (180) days prior to the expiration of the lease term or any extensions thereto. I 16. Possession of Premises. If for any reason City is unable to deliver possession of the premises at the commencement 'of the term of the lease,' Lessee may give City written notice of its intention to cancel this lease if possession is not delivered within thirty (30) days after receipt of such notice by City. City shall not be liable for any damages caused by delay, and Lessee shall not be liable for any rent until such times as City delivers possession. A delay of possession shall not extend the, term or the termination date. If City offers possession of the premises prior to the commencement date of the term of this lease, and if Lessee accepts such early possession, then both parties shall be bound by all of the covenants and terms contained herein, including the payment of rent during such period of early possession. .. . I I 17. Facilities Nondiscrimination. The Lessee will not, on grounds of race, color, religion, sex, physical or mental handicap, or national origin: A. Deny an individual any services or other benefits provided under this agreement; B. Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this agreement; C. Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) or other benefits provided under this agreement; -4- D. Deny any individual an opportunity to participate in any program provided by this agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this agreement. The Lessee, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, religion, national origin, creed, ot the presence of nay sensory, mental or physical handicap. 18. City's Right to Cure Defaults. A. If the Lessee fails to perform any requirements or obligations under this lease, the City shall have the option to correct any default of this lease by the Lessee after thirty (30) days' written notice to the Lessee. All of the City's expenditures to correct the default shall be reimbursed by the Lessee on demand, with interest at the rate of one percent (1 %) per month accrued from the date of expenditure by the City. B. In the event any violation or breach of the provisions of this lease is causing damage to the leasehold premises or the Lessee is utilizing the leasehold premises in a manner not permitted by the provisions of this lease, or in any case damages are occurring to the leasehold premises, the City may immediately enter upon the leasehold premises and take such action as necessary to cease such damages or use. In the event the damage to the leasehold is occurring as a result of any violation or breach of provisions of this lease by Lessee, the Lessee shall be liable for all costs incurred by the City if the City acts to cure such damages. The City, at its option, may send notice to the Lessee of such violations and the Lessee shall immediately cease such use or violation and correct and remedy such violations. 19. Removal of Property. In the event the City lawfully re-enters the premises as provided herein, the City shall have the right, but not the obligation, to remove all of the personal property located therein and to place such property in storage at the expense and risk of Lessee. 20. Costs and Attorney's Fees. If, by reason of any default or breach on the part of any party in the performance of any of the provisions of this lease, a legal action is instituted, the losing party agrees to pay all reasonable costs and attorney's fees in connection therewith. It is agreed that the venue of any legal action brought under the terms of this lease shall be in Clallam County. 21. Holding Over. If Lessee, with the implied or express consent of the City, shall hold over after expiration of the term of this lease, Lessee shall remain bound by all the covenants and agreements herein, except that the tenancy shall be from month to month. -5- " 22. Termination. Either party may terminate this lease without cause provided that written notice shall be delivered to the other party not less than one year before the termination date specified in the notice. 23. Binding on Heirs, Successors and Assigns. The covenants and agreements of this lease shall be binding upon the heirs, executor, administrators, successors, and assigns of both parties hereto, except as hereinabove provided. 24. Use. Lessee shall use the premises for the purposes of business or profession and for no other purposes, without written consent of the City. In the event Lessee's use of the premises increases the fire and extended coverage or liability insurance, Lessee agrees to pay for such mcrease. 25. Notice. Any notice required to be given by either party to the other shall be deposited in the United States mail, postage prepaid addressed to the City at: City of Port Angeles, 321 East 5th Street, P.O. Box 1150, Port Angeles, WA 98362 or to Lessee at: 302 S. Francis Street, Port Angeles, W A 98362 or at such other address as either party may designate to the other in writing from time to time. 26. Litigation. In the event this lease, its terms, it use, its occupation or it in any way becomes a matter of litigation, the City shall be notified of such litigation within fifteen (15) days after such litigation is begun. Failure to notify the City of such action shall be cause for cancellation or termination of this lease. This lease shall be governed by and construed in accordance with the provisions of the ordinances of the City and with the laws of the State of Washington, and applicable federal law. If legal action is necessary to enforce same, exclusive jurisdiction and venue shall lie in the Superior Courf6fClalliiiriCounty, Washington. 27. TIME IS OF THE ESSENCE OF THIS LEASE. 28. Capacity of Signatories. Each individual executing this lease on behalf of the City and Lessee represents and warrants that he or she is duly authorized to execute and deliver this lease on behalf of said party. IN WITNESS 'WHEREOF,- the parties heretoha~e' hei-euiitosettheir'1i~ds' and seals the date first written above. THE CITY OF PORT ANGELES LESSEE: Clallam County Family YMCA '7~ ~. " \U~ \ \ . , ,- ""...... ,.""--.~ . .... D~iMaguir~, ~)(e6 ti"e ,Director -6- . . ...... ,., "j ....;.1..) I ' i . . Attest: &~J-J!D~ Becky J. U n, ity Cle A:,prOV:d As To Form: $ ~A-: ;::.. ~ William E. Bloor, City Attorney STATE OF WASHINGTON ) ) ss. ) COUNTY OF CLALLAM On this day personally appeared before me Dan Maguire, to me known to be the Executive Director of the Clallam County Family YMCA, that executed the within and forgoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said agency for the uses and purposes therein mentioned and on oath stated that he is authorized to execute the said instrument. ,\q STATE OF WAS ss. On this day personally appeared before me Kent Myers, to me known to be the City Manager of the City of Port Angeles that executed the within and foregoing instrument, and acknowledged 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 is authorized to execute the said instrument. GIVEN unto my hand and official seal this s-tfJ day of \\\111111111/111// - 1>.""" .. R LlJ. /"~.f. ;'':~............~... ~~ ~ c:tr.~~ ~,~ f /0 .01&." ~\ \ -: ..... oJ \ \~,.,.\.\Ct Ao-l" '; ~ t.. 'P:" a ~ ''''''~':'''' ER~:.o'~~ ", r/!, ...~~~ ~ G:lLegal_BackupILEASES\2(u'9 Lease;<tMJ,~tJF. .~~~dOC , "'.ltll\lll\\\\ April 29, 2(XJ9 ,2009. {o / ~q / dO I J . I. -7- eX. CR7 LEASE AGREEMENT THIS LEASE AGREEMENT is made this I~ day of December 2007, by and between the City of Port Angeles, a municipal corporation of the State of Washington, hereinafter known as the City, and Clallam County Family YMCA, a corporation of the State of Washington, hereinafter known as Lessee. I. Premises. For and in consideration of the mutual promises, covenants and conditions set forth herein, the City does hereby covenant and agree with the Lessee to let, demise and sublease unto the lessee that certain tract or parcel of land, being a part of the land reserved for lighthouse purposes, said land hereby subleased being more particularly described as follows: The building identified as 1431 Ediz Hook Road, Port Angeles, Clallam County Washington. 2. Term. This lease shall be for a period of twelve (12) months commencing on the I~f day of .Decem ber 2007, and terminating at midnight on :Dec.ern.hu- I zooe, unless sooner terminated in accordance with the terms hereof. Said lease shall be rene~able for two additional one year periods under the terms and conditions set forth in Paragraph 3. 3. Rent. A. The Lessee agrees to pay the City during the term of this lease a yearly sum of Forty ($40.00) Dollars plus the applicable Department of Revenue Leasehold tax, if'any, due and payable upon execution. B. At the end of the twelve month lease, Lessee shall have the option to extend the lease for two (2) additional one year periods, subject to renegotiation of the lease amount, and provided that Lessee is not in default of any of its obligations under this Lease and further that Lessee gives the City written notice of its intent to exercise its option at least two (2) months prior to the expiration of the existing lease term. In the event that such notice is given, the parties shall promptly negotiate a rental rate. 4. Restrictions on Use. A. The premises hereby leased are to be used for and in connection with the purpose of storage of rowing shells and clubhouse for non-profit rowing club activities. Lessee shall not cause or allow any use of the premises to materially interfere with recreational or commercial users of Ediz Hook. B. The Lessee shall not operate on, or permit the operation upon these premises of, any unlawful activities or any public nuisance or any business which is in violation of the laws of the United States of America, the State of Washington, or the City of Port Angeles. -1- C. It is covenanted and agreed that the Clallam County Family YMCA shall not construct or maintain any obstruction to air navigation on the leased premises, exceeding the following limiting heights above ground level: commencing at Point "A", 200 feet from the end of the U.S. Coast Guard Air Station, Port Angeles, runway on the extended runway centerline, said Point "A" described further as follows: Washington State Coordinate System, North Zone, coordinates, x = 1,367,939.34, Y = 427,160.79; no obstruction for 12,000 feet from Point "A" outward from the end of the runway along the centerline extended and on either side thereof shall penetrate a plane originating at Point "A" with a slope of 50: 1. 5. Repairs and Maintenance. Premises have been inspected and are accepted by Lessee in their present condition. Lessee shall, at its own expense and at all times, keep the premises neat, clean and in a sanitary condition, and keep and use the premises in accordance with applicable laws, ordinances, rules, regulations and requirements of governmental authorities. Lessee shall permit no waste, damage or injury to the premises and shall remove ice and snow from sidewalks adjoining the premises. Lessee shall make such repairs as necessary to maintain the premises in as good condition as they now are. The Lessee shall be responsible for the maintenance and upkeep in a safe condition and presentable manner. 6. Subletting or Assignment. The Lessee shall not sublease or underlet any part of said premises nor assign this sublease without the written consent of the City and approval of the United States of America. 7. Liability and Insurance. The Lessee shall forever indemnify, defend, and hold harmless the City from all damages for any injury to person or property that may be caused in any manner by the use of the Lessee of the premises hereby leased or by the construction or maintenance of any private way therein, and shall defend any litigation against said City at the expense of said Lessee arising from such injuries, except the Lessee shall have no obligation to defend or save and hold the City harmless from damages arising from the negligence of the City, its agents, contractors or employees. The Lessee shall provide proof of liability insurance in the amount of $1,000,000.00. The Lessee shall cause the City of Port Angeles to be named as an additional insm;,ed on all liability policies and provide endorsement of insurance to the City. 8. Underlying Lease. A. This lease and all its provisions and any renewals thereunder are subject to all the conditions, restrictions, provisions and renewal of the underlying lease from the United States of America to the City of Port Angeles, dated August 17, 1914, and all conditions, provisions and restrictions of any succeeding leases. B. The Lessee shall not hold the City of Port Angeles liable for any damage which may be sustained by the Lessee by reason of cancellation of the underlying lease -2- from the United States Government unless cancellation resulted from the failure to the City to comply with terms of the lease from the United States Government. 9. Improvements. It is covenanted and agreed the Lessee shall not construct any facilities or improvements upon the property without review and acceptance by the City. All structures and improvements shall comply, and be consistent with, City zoning and building regulations as well as all other federal, state and municipal regulations governing the use of and construction on the property. It shall be the responsibility of the Lessee to obtain and fulfill the requirements of all permits necessary for improvement to or uses of the property covered by this lease. Physical development of the leasehold shall not interfere with the waterfront trail. 10. Default and Re-entry. If the Lessee fails to maintain and operate in good faith its business, within the time and in the manner herein before mentioned, or fails to keep or perform any or all of the covenants and agreements herein contained, and fails to cure said default within 30 days of notice of default by City, then this Lease shall be terminated. If the Lessee shall fail to quit and surrender said premises upon termination of this lease or any extension thereof, the Lessee shall be liable to lawful eviction. 11. Utilities and Fees. Lessee agrees to pay all charges for light, heat, water, sewer, garbage, drainage and all other utilities and services to the premises during the full term of this lease and any extensions thereof. All other items including all license fees and other governmental charges levied on the operation of Lessee's business on the premises shall be paid directly by Lessee. 12. Signs. All signs or symbols placed by Lessee in the windows and doors of the premises, or upon any exterior part of the building shall be subject to City's prior written approval, which approval shall not be unreasonably withheld. All signs must comply with sign ordinances and be placed in accordance with required permits. City may demand the removal of signs which are not so approved and Lessee's failure to comply with said request within forth-eight (48) hours will constitute a breach of this paragraph and will entitle City to terminate this Lease or, in lieu thereof, to cause the sign to be removed at the sole expense of the Lessee. At the termination of the Lease, Lessee will remove all signs placed by it upon the premises and will repair any damage caused by such removal. 13. Liens and Insolvency. Lessee shall keep the premises free from any liens arising out of any work performed by or at the request of Lessee. Should any liens be filed against said property as a result of the acts or omissions of Lessee and Lessee does not promptly remove said liens, then City may cancel this lease or pursue other remedies at its option. In the event Lessee becomes insolvent, bankrupt or if a receiver, assignee or other liquidating officer is appointed for the business of Lessee, City can cancel this Lease at its option. 14. Damage or Destruction. In the event the premises are rendered untenantable in whole or in part by fire, the elements, or other casualty, City may elect, at its option, not to restore the premises and shall so notify Lessee, in which event Lessee shall vacate the premises and this Lease shall be terminated; or in the alternative, City shall notify Lessee, within thirty (30) days -3- after such casualty that City will undertake to restore the premises and that such work can be completed within one hundred eighty (180) days from the date of such notice of intent. If City is unable to restore or rebuild the premises within the said one hundred eighty (180) days, then the Lease may be terminated at Lessee's option by written ten (10) days notice to City. During the period of untenantability, rent will abate in the same ratio as the portion of the premises rendered untenantable bears to the whole of the premises. 15. Access. The City shall have the right to enter the premises at all reasonable times for the purpose of inspection or of making repairs, additions or alterations and to show the premises to prospective tenants for sixty (60) days prior to the expiration of the lease term or any extensions thereto. 16. Possession of Premises. If for any reason City is unable to deliver possession of the premises at the commencement of the term of the Lease, Lessee may give City written notice of its intention to cancel this Lease if possession is not delivered within thirty (30) days after receipt of such notice by City. City shall not be liable for any damages caused by delay, and Lessee shall not be liable for any rent until such times as City delivers possession. A delay of possession shall not extend the term or the termination date. If City offers possession of the premises prior to the commencement date of the term of this Lease, and if Lessee accepts such early possession, then both parties shall be bound by all of the covenants and terms contained herein, including the payment of rent during such period of early possession. 17. Facilities Nondiscrimination. The Lessee will not, on grounds of race, color, religion, sex, physical or mental handicap, or national origin: A. Deny an individual any services or other benefits provided under this agreement; B. Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this agreement; C. Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) or other benefits provided under this agreement; D. Deny any individual an opportunity to participate in any program provided by this agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this agreement. The Lessee, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, religion, national origin, creed, or the presence of nay sensory, mental or physical handicap. -4- 18. City's Right to Cure Defaults. A. If the Lessee fails to perform any requirements or obligations under this lease, the City shall have the option to correct any default of this lease by the Lessee after thirty (30) days' written notice to the Lessee. All of the City's expenditures to correct the default shall be reimbursed by the Lessee on demand, with interest at the rate of one percent (l %) per month accrued from the date of expenditure by the City. B. In the event any violation or breach of the provisions of this lease is causing damage to the leasehold premises or the Lessee is utilizing the leasehold premises in a manner not permitted by the provisions of this Lease, or in any case damages are occurring to the leasehold premises, the City may immediately enter upon the leasehold premises and take such action as necessary to cease such damages or use. In the event the damage to the leasehold is occurring, the Lessee shall be liable for all costs incurred by the City if the City acts to cure such damages. The City, at its option may send notice to the Lessee of such violations and the Lessee shall immediately cease such use or violation and correct and remedy such violations. 19. Removal of Property. In the event the City lawfully re-enters the premises as provided herein, the City shall have the right, but not the obligation, to remove all of the personal property located therein and to place such property in storage at the expense and risk of Lessee. 20. Costs and Attorney's Fees. If, by reason of any default or breach on the part of any party in the performance of any of the provisions of this Lease, a legal action is instituted, the losing party agrees to pay all reasonable costs and attorney's fees in connection therewith. It is agreed that the venue of any legal action brought under the terms of this Lease shall be in Clallam County. 21. Holding Over. If Lessee, with the implied or express consent of the City, shall hold over after expiration of the term of this Lease, Lessee shall remain bound by all the covenants and agreements herein, except that the tenancy shall be from month to month. 22. Termination. In the event that the City, at its sole discretion, shall require use of the premises for a public or private use, then this Lease may be terminated by written notice delivered or mailed by City to Lessee not less than sixty (60) days before the termination date specified in this notice. 23. Binding on Heirs, Successors and Assigns. The covenants and agreements of this Lease shall be binding upon the heirs, executor, administrators, successors, and assigns of both parties hereto, except as hereinabove provided. 24. Use. Lessee shall use the premises for the purposes of business or profession and for no other purposes, without written consent of the City. In the event Lessee's use of the premises -5- increases the fire and extended coverage or liability insurance, Lessee agrees to pay for such Increase. 25. Notice. Any notice required to be given by either party to the other shall be deposited in the United States mail, postage prepaid addressed to the City at: City of Port Angeles, 321 East 5th Street, P.O. Box 1150, Port Angeles, W A 98362 or to Lessee at: 302 S. Francis Street, Port Angeles, W A 98362 or at such other address as either party may designate to the other in writing from time to time. 26. Litigation. In the event this lease, its terms, it use, its occupation or it in any way becomes a matter of litigation, the City shall be notified of such litigation within fifteen (15) days after such litigation is begun. Failure to notify the City of such action shall be cause for cancellation or termination of this lease. 27. TIME IS OF THE ESSENCE OF THIS LEASE. 28. Capacity of Signatories. Each individual executing this lease on behalf of the City and Lessee represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said party. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. THE CITY OF PORT ANGELES LESSEE: Clallam County Family YMCA Attest: . .' .&~.l~~ Becky Upt " Ci Clerk . / // APj/pr,oved As !o Form:/, / . ,\' q~, <- F'~ William E. Bloor, City Attorney STATE OF WASHINGTON ) ) ss. ) COUNTY OF CLALLAM On this day personally appeared before me Dan Maguire of the Clallam County Family YMCA executed the within and forgoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said agency for the uses and purposes therein mentioned and on oath stated that he is authorized to execute the said instrument. -6- \\\\\\111111 ""11. ~,~~..: L.(J. 1',,~ GI}$~riL.~~OffiCial seal this Ic:rti-' day ofDecem~er, 2007. ~ f I ~OlA'''~\ \ 7C ~ \ ..... J I N~T:X Y PUBLIC in, and for he St of Washington, \ \~'U'\.\~~'l.... resldmg at: Sea u 1m 4/l... . ~ !!lIiO M" '- . I / / ~"'" ER'8:....~-.~ y commiSSiOn expires: 0 ~ Gf ( :10 II ':,. ';::, ;iit:~"~",,~" STATE OF WASHINGTON ) ) ss. ) COUNTY OF CLALLAM On this day personally appeared before me Mark E. Madsen, to me known to be the City Manager of the City of Port Angeles that executed the within and foregoing instrument, and acknowledged 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 is authorized to execute the said instrument. GIVEN unto my hand and official seal this j~.lc:\-day of December, 2007 ~~\-e.. NOT A PUBLIC in and for the State of Wa hington, residing at \>o~~ ~ My commission expires: 1)-d') - t I G:\Lce.al BackuD\LEASES\2007\YMCAEdiz Hook Lease.llOR07.doc December 14, 2007 Notary Public State of Washington JEANIE M.pEFRANG.., . MV coMMISsIqN fXPli1lES May 25;,2011 . -7-