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HomeMy WebLinkAbout86-022 - South Central School District - Lease Agreement for Recreational Activities0042.120.002 JEH/ko 02/05/86 A&_,C F Eoq DATE iia LEASE AGREEMENT P e c (1a + C h WHEREAS, the City of Tukwila, hereinafter referred to as the "City", and the South Central School District, formerly known as King County School District No. 406, hereinafter referred to as the "District" desire to enter into a Lease Agreement in order to allow the City to use a parcel of real property owned by the District for recreational activities benefiting the citizens of the City and the District, now, therefore, FOR AND IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Lease. The City hereby leases from the District, and the District hereby leases to the City, that certain real property described on Attachment A attached hereto and incorporated herein by this reference as if fully set forth, subject to the terms and conditions of this Lease Agreement. 2 Term. The term of this Lease shall be for thirty (30) years, commencing on the date this Lease is signed by the last party signing the same, unless sooner terminated as provided in this Agreement. 3 Rent. The City shall pay rent to the District for the use of the premises at the rate of $ 1.00 per year, the first payment to be due on or before April 1, , 1986 , and each subsequent payment to be due on or before the 1st day of January of each year thereafter. 4 Use of premises. The City shall use the premises for recreational and park purposes only. No other use of the premises shall be permitted unless the written consent of the District is first obtained. The City shall make the property available for use by the citizens of the South Central School District under the same rules and regulations which apply to use of the property by the citizens of the City of Tukwila. 5. Improvements. The City shall be entitled to make any improvements to the premises, including the construction at its own expense or at no cost to the District, recreational and convenience facilities, restroom facilities and landscaping. All such improvements must be approved in advance by the District and must be for recreation purposes. The City shall commence development of such recreational facilities as the City determines to construct on the premises within three (3) years of the date this Lease is signed by the last party signing the same. At the termination of this Agreement, all improvements, at the option of the District, shall become the property of the District. 6. Utilities and maintenance. The City shall keep and maintain, at its sole cost and expense, all improvements installed by the City on the premises, and the premises itself in a state of good repair and safe for use and occupancy. The City shall repair or replace as necessary underground utility lines, water pipes, storm and sanitary sewer systems on the premises that may be damaged, interfered with or disturbed by the City's use and occupancy of the leased premises. The City shall pay any and all utility charges levied or accrued against the property during the term of this Lease. 7. Use of premises by District. The City and the District agree that the premises can be used for school purposes when the District requires use of the property for recreational purposes, provided that the District's use is not inconsistent with the continued use and occupation of the premises by the City. 8. Assignment and sublease. The City shall not assign, sublet or transfer any interest in this Lease without the prior written consent of the District. 9. Indemnification. The City shall indemnify, defend and hold the District harmless from and against any and all claims, losses or liability, or any portion thereof, arising from injury or death to persons, including employees of the City, or damage to property occasioned by a negligent act, omission or failure of the City, its officers, agents and employees in relation to the City's occupation or use of the premises. 10. Insurance. The City shall obtain and maintain public liability insurance or other insurance necessary to protect the public with limits of liability of not less than One Million Dollars ($1,000,000) combined single limit for both bodily injury and property damage liability. In the event the City obtains additional insurance coverage above this amount, the District shall be included in any additional coverage. The District shall be named as an additional insured under any coverage, and a certificate of insurance shall be provided to the District. 11. Lawful activity. The City agrees that all activities conducted by the City on the premises shall be in accordance with any applicable state or local law. 12. Nondiscrimination. No person shall be denied, or subjected to discrimination in receipt of the benefit of, any services or activities made possible by or resulting from this Agreement on the ground of sex, race, color, religion, creed, age, national origin, marital status or the presence of any sensory, mental or physical handicap. 13. Early termination upon default. In the event of any default by the City in the performance of any of the terms or conditions of this Lease, the District may terminate this Lease prior to expiration of the thirty (30) year period by giving thirty (30) days' advance written notice to the City specifically stating the reason for such termination, provided, however, that no such termination shall be effective if, within thirty (30) days after such notice, the City has cured the default. 14. Notices. Any notice or other communications given hereunder shall be deemed sufficient if in writing and delivered personally to the addressee, or sent by certified or registered mail, return receipt requested, addressed as follows, or to such other address as may be designated by the addressee by written notice to the other party: TO CITY: TO DISTRICT: Director of Parks & Recreation CITY OF TUKWILA 6200 Southcenter Boulevard Tukwila, Washington 98188 Superintendent of Schools SOUTH CENTRAL SCHOOL DISTRICT 4640 South 144th Street Seattle, Washington 98168 IN WITNESS WHEREOF, the parties have caused this Lease to be executed by their respective officers. CITY OF TUKWILA By y tam By SOUTH CENTRAL SCHOOL DISTRICT Gar -t. VanDusen, DATE: ,3- % ys- sPC Mayor " STATE OF WASHINGTON COUNTY OF KING ) ss. Superintendent� DATE: t 4/40 On this f day of 1986, before me personally appeared Gary L. Van Dusen, Mayor of the corporation that executed the foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in the certificate above -written. NOT�IRY P�(JBLIC in and GC/J� forthe State of Washington, residing ate hc,- My Commission Expires / - 023 -8f" STATE OF WASHINGTON COUNTY OF KING On this Ci day of 198, before me personally appeared Dr. John J. otheringham, the Superintendent of Schools/Secretary of the Board of the corporation that executed the foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. ss. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in the certificate above -written. NOTARY PUBI• in and for th& State of Washington, residing at 5d_ My Commission Expires 4,2/45 -1g7 2//5 --/g7 APPROVED AS TO FORM: OGDEN, OGDEN, MURPHY & WALLACE By Cites Attorneys for the Cil y of Tukwila RIGHT .OF FIRST REFUSAL WHEREAS, the City of Tukwila and the South Central School District are parties to that certain lease executed in March , 198 86 (hereinafter referred to as "the Lease"), providing for use by the City of Tukwila of certain real property owned by the South Central School District, which Lease consists of 4 pages containing 14 numbered para- graphs, and WHEREAS, in further consideration of the rental to be paid by the City of Tukwila for such property and the City's construction of recreational facilities on the said property for use by the City and the District, the South Central School District and the City of Tukwila have agreed that the City of Tukwila should be granted a right of first refusal should the District ever decide to sell the leased property, now, therefore, THE CITY OF TUKWILA and the SOUTH CENTRAL SCHOOL DIS- TRICT HEREBY AGREE AS FOLLOWS: 1. RIGHT OF FIRST REFUSAL. (a) In the event that the District shall ever desire to sell the property legally described on Attachment A attached hereto and incorporated herein by this reference as if set forth in full, and receives a written offer therefor which the District intends to accept, the District, before accepting the offer, shall first notify the City and provide the City with a copy of the offer. The offer must contain all material terms relating to the purchase and sale. (b) After receiving a copy of the offer, the City shall have sixty (60) days within which the purchase the property described in Exhibit A upon the terms and conditions set forth in the offer. If the City does not respond, or does not elect to purchase the property, the District may 1 sell the property to the purchaser identified in the offer upon the terms and conditions set forth in the offer, but not upon any other terms or conditions. 2. This Agreement shall constitute a covenant running with the land, and shall be binding upon the parties, their heirs, successors and assigns. IN WITNESS WHEREOF, the parties have caused this Agree- ment to be executed by their respective officers. CITY OF TUKWILA DATE SOUTH CENTRAL SCHOOL DISTRICT By 0!I . John J. Fotleringham, Superintendent DATE iffirn STATE OF WASHINGTON ss. COUNTY OF KNG On this/90 day of ;32,a46e44 1984, before me personally appeared Gary L. Van Dusen, Mayor of the corpora- tion that executed the foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein men- tioned, and on oath stated that he is authorized to execute said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in the certificate above -written. N6TARY 'PUBLIC in and for the ��St,�te , of Washington, residing at �yZ�c.l�tti<. JA... STATE OF WASHINGTON • COUNTY OF KNG ss. On this 9 day of , 198g , before me personally appeared Dr. John J. Fotheringham, the Superinten- dent of Schools/Secretary of the Board of the corporation that executed the foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and 2 on oath stated that he is authorized to execute said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in the certificate above -written. APPROVED AS TO FORM: OGDEN, OGDEN & MURPHY By NOTARY PUIL in and for t of Washington, residing at City Atto City of Tuk''ila 3 State ATTACHMENT A The east 74 feet of lot 1; and the east half of lot 2 less the west 55 feet thereof; and the east 64 feet of lot 3; and the east 74 feet of the north 77.4 feet of lot 4; and all of lot 9 except the south 70 feet thereof; and all of lot 10; and all of lot 11 except the east 100 feet of the north 127.4 feet thereof; and all of lot 12; all in block 1 of the plat of Colegrove's Acre Tracts, an addition to the City of Seattle, according to plat recorded in volume 11 of plats, page 85, in King County, Washington. ATTACHMENT A The east 74 feet of lot 1; and the east half of lot 2 less the west 55 feet thereof; and the east 64 feet of lot 3; and the east 74 feet of the north 77.4 feet of lot 4; and all of lot 9 except the south 70 feet thereof; and all of lot 10; and all of lot 11 except the east 100 feet of the north 127.4 feet thereof; and all of lot 12; all in block 1 of the plat of Colegrove's Acre Tracts, an addition to the City of Seattle, according to plat recorded in volume 11 of plats, page 85, in King County, Washington.