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HomeMy WebLinkAbout93-045 - South Central School District - Lease AgreementIII A IC FILE #1.-3-°--s LEASE AGREEMENT _ DOE WHEREAS, the City of Tukwila, hereinafter referred to as(11e "City", and the South Central School District, formerly known as King County SCtiool imstricrikki.1fl6,S �‘ 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 / Z_ 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: 1. Lease. The City hereby leases from the Distric!, 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 , 19 93_, and each subsequent payment to be due on or before the 30thday 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, of recreational and convenience facilities, restroom facilities and landscaping. All such improvements must he 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 I..ease. 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 recreations' -.,cposes, provided that the District's use is not inconsisient 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 D)istrict. 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 ,pct, omission or failure of the City, its officers, agents and employees in relation to the Cit7occupation 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: Director of Parks and Recreation City Of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 TO DISTRICT: 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 Jo SOUTH CENTRAL SCHOOL DISTRICT By 12eLel,e-( DATE: 3- 26 - 13 r. ichael Silver Superintendent, 4 f DATE:4Ia /9,9 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this qday of 6C .19f-� before me personally appeared John W. Rants, 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 ► D OFFICIAL SEAL hereto affixed the day and year in the certificate above - :ti c: PU8L STATE OF WASHINGTON COUNTY OF KING eatARY PUBLIC in and shington, residing at My Commission Expires ) SS the State of ie /7 On this .2' day of -"7 ,19 93, before me personally appeared Dr. Michael Silver, the Superintendent of School/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. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in the certificate above -written. .? (-611 `MdXINE MCNEW NOTARY PUBLIC -WASHINGTON My Commission Expires 12-15-95 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By p NOTARY PUBLIC in and for the State of Washington, residing at % bc-a— My Commission Expires / - /5 - i5 ATTACHMENT A Lots 27, 28, 29, 108, 109, 110, 111, 112, and 113, Block 2, C.D. Hillman's Meadow Gardens Addition to the City of Seattle, Division No. 1, according to plat thereof recorded in volume 12 of plats, page 64, records of King County Washington. wr RIGHT OF FIRST REFUSAL WHEREAS, the City of Tukwila and the South Central School District are parties to that certain lease executed in March, 1986 (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 paragraphs, 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 District 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 to 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 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 Lease to be executed by their respective officers. CITY OF TUKWILA By STATE OF WASHINGTON SOUTH CENTRAL SCHOOL DISTRICT By D . Michael Silver Superintendent ) SS COUNTY OF KING ) On this24, day of Zf GAJ ,197 , before me personally appeared John W. Rants, 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 - AND OFFICIAL SEAL hereto affixed the day and year in the certificate abo TARY PUBLIC in and fo the State of ashington, residing at , My Commission Expires STATE OF WASHINGTON ) SS COUNTY OF KING On this a i day of L774 ( ,19 3, before me personally appeared Dr. Michael Silver, the Superintendent of School/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. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in the certificate above -written. M INE McNEW NOTARY My Co mission ExpiresHINGT12-15-95 crn NOTAR PUBLIC in and for the�'State of ` Washington, residing at -r!�-v(- ia- My Commission Expires /a -/S 95 LEASE AND FIRST RIGHT TO PURCHASE WHEREAS, the City of Tukwila, hereinafter referred to as the "City," and South Central School District, formerly known as King County School District Number 406 and hereinafter referred to as "District," desire to allow the City to use a parcel of real property owned by the District for recreational activities; NOW, THEREFORE, it is agreed by the District and the City that the District does lease the following described real property to the City, subject to the terms and conditions of this agreement: Lots 27, 28, 29, 108, 109, 110, 111, 112, and 113, Block 2, C.D. Hillman's Meadow Gardens Addition to the City of Seattle, Division No. 1, according to plat thereof recorded in volume 12 of plats, page 64, records of King County, Washington. TERMS & CONDITIONS: 1. Term. The term of this lease shall be for a period of one (1) year, beginning January 1, 1990, automatically renewable annually unless either party desires to terminate the lease. Notice of intent to terminate shall be given sixty (60) days prior to the declared termination date. 2. Rent. Rent for the term of this lease shall be at the rate of $1.00 per year, payable on or before January 1, 1990 and on or before the first day of January of each year thereafter. 3. Use of Premises. The City shall use the premises for recreational activities. No other use of the premises shall be permitted unless the written consent of the District is first obtained. 4. 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 Dis- trict recreational and convenience facilities, rest room facilities and landscap- ing. All such improvements must be approved in advance by the District and must be for recreational purposes. At the termination of this agreement, all improvements, at the option of the District, shall become the property of the District. 5. Utility Lines. The Lessee shall repair or replace as necessary any underground utility lines, water pipes, storm and sanitary sewer systems on the premises that may be damaged, interfered with or disturbed by Lessee's use and occupancy of the leased premises. 6. Assessments. Lessee shall pay any and all utility assessments or claims against said property levied upon said property during the term of this Lease. LEASE AND OPTION TO PURCHASE Page 2 7. Priority of Use of Premises. The City and the District agree the premises can be used for school purposes when the District requires use of the property for recreational purposes. 8. Sublease. The City shall not sublease, assign or transfer any interest in this lease without first obtaining the written consent of the District. As used herein, the term "sublease" shall include rental agreements and use agreements with third parties. 9. Default. If the City has defaulted in the performance of any of the conditions of this lease, the District may terminate the lease upon the giving of thirty days written notice. If the City fails to cure said default within the thirty days, the District may, at any time after the expiration of the thirty days, terminate this lease upon written notice of termination. 10. Lawful Activity. The City agrees all activities conducted by the City on the premises shall be in accordance with any applicable state of local law. 11. Non -Discrimination. No person shall be denied, or subjected to discrimination in receipt of the benefit of any services or activities made possible by or result- ing from this agreement on the ground of sex, race, color, creed, national origin, age, marital status, or the presence of any sensory, mental or physical handicap. 12. Hold Harmless. The City agrees to protect and save the District, its elected and appointed officials, employees and agents harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense thereof, arising in favor of the City's employees or third parties on account of personal injuries, death or damage to property arising out of the premises leased by the City or in any way resulting from the acts or omissions of the City and/or its agents, employees or representatives. District shall hold harmless the City and its employees from claims arising out of the negligence of the District, its agents and employees 13. Insurance. The City shall obtain and maintain public liability insurance and other insurance necessary to protect the public with limits of liability of not less than: $1,000,000 combined single limit for both bodily injury and property damage liability. The District shall be named as an additional insured under any coverage and a certificate of insurance shall be provided to the District. 15. Maintenance. The City shall keep and maintain all improvements on the premises and the premises itself at its own cost in a state of good repair and safe for use and occupancy. LEASE AND OPTION TO PURCHASE Page 3 16. Right to Purchase. Lessee shall have the first right to purchase the leased premises during the term of this agreement, in the event the property should be declared surplus by the Lessor school district, upon payment of the fair mar- ket value as determined by a competent MAI appraisal, less the appraised value of any improvements placed upon the leased premises at the expense of the Lessee. The total value of the premises and the value of said improvements shall be determined as of the date of purchase. Such sale shall be made pur- suant to RCW 39.33.020 - Disposal of Surplus Property. IN WITNESS WHEREOF, the parties have caused this lease to be executed by their respective officers this it"' day of J a , `� „ , 19 q© . SOUTH CENTRAL SCHOOL DISTRICT ITY OF-TUKWILA Secretary to the Board STATE OF WASHINGTON ) ) SS COUNTY OF KING ) f Gar `L. an Dusen Mayor On this y ✓ dayof 19 /J C� , before me, personally appeared chide ; y�e Su endent 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. Witness my hand and official seal hereto affixed affixed the day and year in the certificate above written. J(2/1,U/ Notary Public in and for the State of Washington, residing at ei4;` / LEASE AND OPTION TO PURCHASE Page 4 STATE OF WASHINGTON ) ) SS COUNTY OF KING - • ) On this _ day of 19_, 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 affixed the day and year in the certificate above written. Notary Public in and for the State of Washington, residing at