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HomeMy WebLinkAbout1982 - Lease Agreement - South Central School District (Upper Foster Park) - 8203300528LEASE I / ✓' WHEREAS the City of Tukwila, referred to herein as the "City," and South Central School District, formerly known as King County School District Number 406 and referred to herein as "District," desire to allow the City to use a parcel 'of real property owned by the District for recreational activities; WHEREAS the City and the District-both recognize the District will continue to use the real property for school purposes during the term of this agreement; 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: SEE ATTACHMENT A FOR THE LEGAL DESCRIPTION. TERMS AND CONDITIONS 1. TERM. The term of this lease shall be for twenty (20) years, beginning on January 1, 1982, conditional upon the development of :a youth athletic field, at no expense to the District, on the property prior to January 1, 1984. 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, 1982 and on or-before the first day of January of each year thereafer. 3. USE OF PREMISES. The City shall mse the premises for recreational activities. No other us -e 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 District recreational and convenience facilities, rest room facilities and landscaping. All such improvements must be approved in advance by the District and must be for recreation purposes. 'At the termination of this agreement, all improvements, at the option of the District, shall become the property of the District. 5. Lessee shall within six months of the execution of this Lease and at its expense cause a survey to be made of the above described property or varify the accuracy of the described property for the purpose of accurately locating corners and boundaries. 6. 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. 7. Lessee shall pay any and all utility assessments or claims against said property levied upon said property during the term of this Lease. 8. 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. 9. 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. 10. DEFAULT.' if the City has defaulted in thtperformance of any of the conditions of tnis 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. 11.' LAWFUL ACTIVITY. The City agrees all activities conducted by the City on the premises shall be in accordance with any applicable state or local law. 12. NON- DISCRIMINATION. No person shall be denied, or subjected to discrimination in'receipt of the benefit of any services or activities made possith.w by or resulting 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. 13. 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. 14. 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. In the event the City obtains additional insurance coverage above this amount, the District shall be included in any such 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. 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. 16. The,-di-strict and the City agree . floe- - existing 1 ease, agreement dated - Septbmber.8, 1978 -and- assigned King County Auditor's Number 7809120652-is null and void as-of the.executed date of this agreement. IN WITNESS WHEREOF, the parties have.caused this lease to be executed by their respective officers this Y day of / � , 1982• SOUTH CENTRAL SCHOOL DISTRICT By: J n J. F theringham, ecretary to the Board CITY OF TUKWILA BY: Ma or. Frank Todd STATE OF WASHINGTON ) SS COUNTY OF KING ) On this C ,day of M "S_111_1 , 1982, before me, personally appeared John J. Fotheringham, 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 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. Notary Public in and foir the State of Washington, residing at r1� boa rSit' J `L' STATE OF WASHINGTON ) SS COUNTY OF KING ) On thi s day of `J%7�,.✓� -C 1982, before me personally appeared Frank Todd, 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. of ry Public in and for the State of Washington, residing at Tukwila ATTACHMENT A NORTHERN APPROXIMATE ONE ACRE: Being part of the Stephen Foster Don. Claim #38 in Sec. 14, T. 23 N. R. 4 E. W.M., the boundaries of which Commence at a point and stake in the West line of said Sec. 14, which point is 597.83/100 ft. South of the J Sec. Corner in the West line of said Sec. 14, running thence along the South Easterly line of a public highway called Foster Str. N. 71053' E. 144.50/100 ft. to a stake; thence N. 47 °35' E, along said Foster Str. 70 30/100 ft. to a stake; thence N. 34° 10' E. along said Foster St. 62.25/100 ft. thence East, parallel with the South line of said Stephen Fost. Don. Claim, 5.65/100 ft. to a point in the West line of a public highway called College Ave; thence South, aling the West line of College Ave., and parallel with the West line of Said Sec. 14, 451.51/100 ft. to a stake in the North line of a public highway called Orchard Ave.; thence West, along said Orchard Ave. and parallel with the South line of said Don. Claim 49.50/100 ft. to a stake; thence North, parallel with the West line of said Sec. 14, 280.50/100 ft. to a stake; thence West, parallel with the South line of said Don. Claim 181.50/100 ft. to a point and stake in the West line of said Sec. 14; thence North, along the West line of said Sec. Fourteen, 30.12/100 ft. back to the point of beginning; the tract so bounded containing One Acre more or less, and being all situate in King County, Wash., and adjoining the East line and North line of an Acre tract now owned and used for public school pur- poses by said School District #144, is the same Section. AND SOUTHERN APPROXIMATE ONE ACRE: Being a tract of land as follows: Commencing at a point Eighteen (18) feet'North of the South line of Stephen Foster's Donation Claim on Section line between Sections Fourteen and Fifteen (15), thence North along said Section line Seventeen (17) Rods, thence East Eleven (11) Rods, thence South Seventeen (17) Rods parallel with the said Section line, thence West Eleven (11) Rods, to the place -of beginning, being a tract of land Seventeen (17) by Eleven (11) Rods and containing one (1) acre more or less in Section 14 Twp. 23 North, R. 4 E. W.M.