HomeMy WebLinkAbout001065 Original Contract City of Port Angeles
Record # 001065
LEASE AGREEMENT
THIS LEASE AGREEMENT is made this day of / , o' L. 2016, by and
between the City of Port Angeles, a municipal corporation of the Stat; of Washington,
hereinafter known as the City, and Peninsula Area Public Access (PAPA) organization, a non-
profit corporation, 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 second
floor of the building located at 215 South Lincoln, Port Angeles, Washington.
2. Term. This lease shall be for a period of two (2) years commencing on the first day of
2016, and terminating at midnight on r 1� 36 , 2019'. The Lease is granted with full
ui�iderstlinding and acknowledgement of the follo ing conditions of the building and facts related
to the building which they are leasing the second floor:
• The consideration for this lease is in exchange for services, maintenance and clean up
performed for this City owned building.
• The Lessee shall supply and install all improvements necessary for complying with the
International Building Code shall be completed prior to final occupancy.
• The Lessee must obtain all applicable building permits for required work from the City.
• Lessee acknowledges receipt of a detailed assessment of the building and acknowledges
and understands that Lessee must mitigate environmental contaminants in the building
prior to occupancy.
• The City will have no responsibilities for maintenance or operation of the building.
• The Lessee acknowledges that a sale of the building is pending and should ownership
transfer the new owner will have full control over the lease. The sale agreement will
provide that the purchaser continue to lease to PAPA for the remainder of the lease term.
• Maintenance and repairs to be performed by Lessee include: Installation of exterior
lighting, repair and repaint. interior walls and ceilings, preservation of building fayade,
replacement of missing terra cotta tiles, repair of approximately three leaks, repair of the
roof.
3. Use of the Premises.
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.
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4. 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. The Lessee shall be responsible for securing,
at Lessee's expense, any permit required for repair, maintenance or construction on the premises.
5. 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 which consent will not
be unreasonably withheld.
6. Liability and Insurance. The Lessee shall forever indemnify, defend, and hold the City
harmless from all losses, claims, and damages for any injury to person or property that may
result from or be caused in any manner by the Lessee's use, maintenance or repair of the
premises, and the Lessee shall defend any claim or litigation against said City arising from such
injuries at the Lessee's expense, 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 general 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.
In the event Lessee's use of the premises increases the rating for fire and extended
coverage or liability insurance, Lessee agrees to pay for such increase.
7. Improvements. Lessee agrees to make all connections and do all wiring needed to
provide electricity inside the building for the uses and purposes of the Lessee. 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 inspected by the City. 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. Lessee shall make no structural alterations to said
premises without the prior written approval of City.
Upon the expiration or termination of this lease, any improvements become the property
of the building owner.
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8. Default and Re-entry. If the Lessee fails to maintain and operate its business as described
in Section 4, 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 may 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.
10. Utilities and Fees. Lessee agrees to put all utilities in Lessee's name and pay all charges
for light, heat, water, sewer, garbage, stormwater 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.
11. 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 forty-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.
12. 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.
13. 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 the same ratio as the portion of the premises rendered
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untenantable bears to the whole of the premises.
14. 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. Except for emergencies,
City shall give 24 hours prior notice to Lessee of City's intent to inspector repair the premises.
15. 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 any sensory, mental or physical handicap.
16. 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
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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.
17. 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.
18. 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.
19. 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. 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.
23. 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: Edna Willadsen, 1719 E.
Lambert Ln, Port Angeles, WA 98362 or at such other address as either party may designate to
the other in writing from time to time.
24. 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 Court of Clallam County, Washington.
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25. Capacity f 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: PENINSULA AREA PUBLIC
ACCESS
Dan McKeen, City Manager Edna Willadsen, Agent
Attest:
VOKV)
J nnifer eneklasen, City Clerk
Appr ved As To Form:
William E. Bloor, City Attorney
STATE OF WASHINGTON )
ss.
COUNTY OF CLALLAM )
On this day personally appeared before me Edna Willadsen,to me known to be the agent of Peninsula Area Public
Access, that executed the within and forgoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed for the uses and purposes therein mentioned and on oath stated that she is authorized to
execute the said instrument.
GIVEN unto my hand and official seal this day of ,2016.
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®U;0•`�P�t.`` NOTARY PUBLIC in and for the State of Washington
TATEOF ����`1 residing at: U! t WA
V1111111/1%00 My commission expires:
STATE OF WASHINGTON )
ss.
COUNTY OF CLALLAM )
On this day personally appeared before me Dan McKeen,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 day of 2016. '/)
N ARY P BLIC in and for the State of Washington
residing at:
My commission expires: - n(Aa C
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