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HomeMy WebLinkAboutRes 0642 - Joseph Foster Memorial Park Lease - South Central School District (SCSD) RESOLUTION NO 642 A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN A LEASE AGREEMENT WITH SOUTH CENTRAL SCHOOL DISTRICT FOR A PARCEL OF PROPERTY TO BE USED FOR RECREATIONAL ACTIVITIES. WHEREAS, the South Central School District desires to allow the City of Tukwila to use the parcel of property lying west of Joseph Foster Memorial Park for recreational activities; and WHEREAS, the City of Tukwila desires to incorporate this parcel of property into the parks and recreation system of the City; and WHEREAS, the City and the District both recognize that the District will continue to use the property for school purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DOES RESOLVE AS FOLLOWS: The Tukwila City Council hereby authorizes the Mayor to sign a lease agreement with South Central School District for a parcel of property lying west of Joseph Foster Memorial Park for recreational activities. The lease agreement is attached and made a part of this resolution. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this o2/ day of ^l s `t 1978. MaydY LEASE 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: 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 be- tween Sections Fourteen (14) 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, Township 23 North, Range 4 EWM. TERMS and CONDITIONS 1. TERM. The term of this lease shall be for fifteen (15) years, beginning on 1978. 2. RENT. Rent for the term of this lease shall be at the rate of $1.00 per year, payable on or before October 1, 1978 and on or before the first day of October 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. TERMINATION. Either party may terminate this lease upon the giving of sixty days written notice. 5. II4PROVEMENTS. 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 recreational purposes. At the termination of this agreement, all improvements, at ly the option of the District, shall become the property of LU t the District. �s 6. 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. 7. 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. 8. DEFAULT. If the City has defaulted in the performance of any of the conditions of this lease, the District may ter- minate 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. 9. 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. 2 10. 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 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. 11. 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. 12. 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. 13. 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.. 14. USE BY DISTRICT. The District shall be entitled to the use of the premises and any improvements placed thereon by the City at any times the premises'�'is not being used by the City in accordance with Paragraph 6 of this agreement. 3 15. TERMINATION FOP: NEEDS OF DISTRICT. If the District determines the use by the City of the premises is inconsis- tent with the terms of this agreement, the District may terminate this agreement upon the given of sixty days written notice. IN WITNESS WHEREOF, the parties have caused this lease to be executed by their respective officers this 9 7 day of 1978. SOUTH CENTRAL SCHOOL DISTRICTS Eye G. CITY OF TUI.'WILA By: