HomeMy WebLinkAbout000737 Original Contract City of Port Angeles
Record #000737
FACILITY USE AGREEMENT BETWEEN THE CITY OF PORT ANGELES
AND CAMP FIRE SNOHOMISH COUNTY COUNCIL
his ity Use Agreement ("Agreement") is made and entered into this day of
[IS F ell
20A by and between the City of Port Angeles, ("City"), a
Washington municipal corporation, and the Camp Fire Snohomish County Council, ("Camp
Fire) a Washington non-profit corporation.
WHEREAS, the City is the owner/manager of the Camp Fire Clubhouse (Clubhouse),
located at Jesse Webster Park, Port Angeles, Washington and thus responsible for all Clubhouse
utilities, maintenance, and expense except as outlined in this Agreement; and
WHEREAS, the Juan de Fuca Council of Camp Fire, donated the building to the City for
the public's use; and
WHEREAS, the Juan de Fuca Council of Camp Fire, has merged with the Camp Fire
Snohomish County Council,
NOW, THEREFORE, in consideration of the donation of the Camp Fire Clubhouse to the
City promises and commitments made herein, the sufficiency of which is hereby acknowledged,
it is agreed as follows:
1. Premises. The City hereby agrees to allow Camp Fire to use the Clubhouse upon
the following terms and conditions:
2. Term. This Agreement shall be deemed to be in full force and effect as of April
9, 2014. The use permitted under this Agreement shall remain in effect until terminated by Camp
Fire, or the building is unsafe or otherwise uninhabitable by the public.
3. Use.
A. Camp Fire shall have exclusive use of the Clubhouse the second Saturday of each
calendar month from the hours of 12-6 pm. Camp Fire shall have exclusive use of the Clubhouse
during the last full week of June of each calendar year. Camp Fire shall have exclusive use of
the Clubhouse the last full week of July of each calendar year. Camp Fire may also request
additional days of exclusive use of the Clubhouse with 30 days advance notice to the City and be
granted such request as long as the Clubhouse is not otherwise in use. Camp Fire will have the
use of the Clubhouse free of charge, but must abide by all City rules and ordinances regarding
the building, including returning the building to the City in a reasonably clean condition and free
of any damage.
B. Camp Fire will have exclusive use of one room for a business office. The location of
this office is in the northwest comer of the Clubhouse, designated as the Camp Fire Office
Space. Camp Fire will retain the keys to this office and will pay for a landline telephone for the
office. Camp Fire will provide a duplicate office key to the City and will allow the City access
upon five days notice. In the event of an emergency, the City may enter the office area without
prior notification, but will inform Camp Fire within 48 hours of entry.
C. Camp Fire will have exclusive use of the attic area for storage purposes and club
meetings. Camp Fire will retain the keys to the attic area. Camp Fire will provide a duplicate
key to the City and will allow the City access upon five days notice. In the event of an
emergency, the City may enter the attic area without prior notification, but will inform Camp
Fire within 48 hours of entry.
D. Camp Fire will not store any illegal, dangerous, or contraband items in the
Clubhouse. Any items stored in the building by Camp Fire will be at Camp Fire's risk and Camp
Fire will indemnify and hold the City harmless for any items stored in the Clubhouse as those
items will not be covered by the City or the City's insurance.
4. Indemnification. Camp Fire shall defend, indemnify and hold harmless the City
of Port Angeles, its 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 the use of the Clubhouse by Camp Fire, or from any activity, work or thing
done, permitted, or suffered by user in or about the facility or premises while in use by Camp
Fire, except only as such injury or damage as shall have been occasioned by the sole negligence
of the City of Port Angeles.
5. Assignment. This Agreement may not be assigned or transferred without the
written approval of the City.
6. Notice. Any notice or infon-nation required or permitted to be given to the parties
under this Agreement may be sent to the following addresses unless otherwise specified in a
subsequent written directive:
City of Port Angeles
Corey Delikat, Director of Parks and Recreation
P.O. Box 1150/ 321 E. 5"' Street
Port Angeles, WA 98362
Camp Fire Snohomish County Council
David A. Surface, Executive Director
4312 Rucker Ave.
Everett, WA 98302
7. Governing Law. This Agreement shall be governed, construed and interpreted by,
through and under the Laws of the State of Washing-ton. Venue for any claims that might flow
from this Agreement shall be with the Clallam County Superior Court.
8. Entire Agreement. By signing this Agreement the City of Port Angeles and Camp
Fire understand and concur that this Agreement is considered to be all of the covenants,
promises, agreements and conditions, oral or written between the parties. The parties hereby
agree that this document contains the entire agreement between the parties and that this
Agreement shall not be modified, changed, altered or amended in any way except through a
written amendment signed by all of the parties hereto.
IN WITNESS WHEREOF, the City and Camp Fire have executed this Agreement the
date and year indicated.
CITY OF PORT ANGELES
By:
Dan McKeen
City Manager
CAMP FIRE SNOHOMISH COUNTY COUNCIL
By: A 4eze�i e?"
David A. Surface
Executive Director
Attest:
Ja6osa Hurd, City Clerk
Approved as to form:
William Bloor,
City Attorney
PURCHASE AND SALE AGREEMENT
The undersigned Purchaser, City of Port Angeles ("City"), agrees to purchase and the
undersigned Seller, The Juan de Fuca Council of Camp Fire USA, hereafter merged under Camp
Fire Snohomish County Council ("Seller"), a branch of Camp Fire, a non-profit corporation,
agrees to sell, on the following terms, the personal property described as follows:
The building commonly known as the Camp Fire Clubhouse, addressed as 619 E 4th
Street, located on City-owned land situated in the Southwest corner of Suburban Lot number
Twenty-two (22) of the United States government Townsite of Port Angeles, Clallam County,
Washington, more particularly described as follows:
Commencing at the Southwest corner of said Suburban Lot number Twenty
two(22), which point is also the Southeast corner of Lot Twenty-four (24) of the
Puget Sound Cooperative Colonys Subdivision of Sururban Lot number Twenty-
three (23) of the United States Government Townsite of Port Angeles, Clallam
County, Washington; thence Easterly along the North margin of Fourth Street in
said City of Port Angeles, a distance of 107 feet more or less to a point at the
intersection of said Northerly margin of Fourth Street with a certain concrete
sidewalk now existing upon the premises herein described and running in a
general Northerly and Southerly direction from the said Northerly margin of
Fourth Street to a certain Club House Building now existing on said premises;
thence Northerly and parallel to the Easterly boundary line of said Lot Twenty-
four (24), a distance of 140 feet more or less to the Southerly margin of the alley
running through said Block 64 and said Suburban Lot number Twenty-two (22);
thence Westerly along the Southerly margin of such alley to the intersection
thereof with the Easterly boundary of said Lot Twenty-four (24), a distance of 78
feet more or less; thence Southerly along the Easterly boundary of said Lot
Twenty-four (24), a distance of 140 feet more or less to the point of beginning.
1. CONSIDERATION. The above described personal property shall be conveyed to the
City by a quit claim deed in consideration of granting the attached facility use
agreement that grants the Camp Fire Snohomish County Council, a non-profit
corporation, continued no-cost access to the building. The deed will be executed on
April 9, 2014.
2. CONVEYING. Seller will provide to the City a deed upon the signing of this
agreement that conveys all rights, title, and interest in the building. Upon receipt of
the quit-claim deed, the City will be solely responsible for the building, and the City
will execute a facility use agreement with the Camp Fire Snohomish County Council.
3. CAUSALTY CLAUSE. If prior to delivering the deed, the building shall be destroyed or
materially damaged by fire or other casualty, this agreement, at the option of the
City, shall become null and void. If the City elects to purchase the property despite
the loss, the City shall notify Seller of its intent within 20 days of being notified of
such loss.
4. CONDITION OF TITLE. Unless otherwise specified in this Agreement, Seller has no
knowledge of an encumbrances or defects to the title of the building that interfere
with the City's use of the building.
CAMP FIRE SNOHOMISH COUNTY CITY OF PORT ANGELES
COUNCIL
'Oxeze4' '
rt City Manager
David A.Surface,Executive Dire r
Date Signed: Date Signed: C41 L4
Approved as to Form:
City Attorney
Attest:
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