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HomeMy WebLinkAboutR-1991-D5980 Block Building / School District #7• RESOLUTION NO.D 5980 A RESOLUTION authorizing the lease of certain Fire Department property to Yakima School District No. 7 for 1991 and 1992. WHEREAS, the City of Yakima owns a concrete block build- ing located on the premises of Fire Station No. 2 within the City of Yakima, Washington; and WHEREAS, such building is surplus to the needs of the City of Yakima at the present time; and WHEREAS, Yakima School District No. 7 has need of such building for the Early Childhood Program and agrees to main- tain the building and surrounding area; and WHEREAS, the City Council deems it to be in the best interests of the City of Yakima to lease such building to Yakima School District No. 7, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated Fire Station No. 2 Block Building Lease Agreement with Yakima School District No. 7 for 1991 and 1992. ADOPTED BY THE CITY COUNCIL this /0 day of 1991. ATTEST: City Clerk (res/ysd7) Mayor FIRE STATION NO. 2 BLOCK BUILDING LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this '3rd day of , 1991, by and between the CITY OF YAKIMA, a municipal corporation, hereinafter called the "City," as Lessor, and YAKIMA SCHOOL DISTRICT NO. 7, hereinafter called the "Lessee." WITNESSETH: WHEREAS, the City owns a block building located at Fire Sta- tion No. 2 which it desires to lease and the Lessee desires to occupy and use in accordance with this agreement, NOW, THEREFORE, in consideration of the mutual promises con- tained herein and the benefit to be derived by each party, the parties mutually agree as follows: 1. Premises. The City does hereby lease unto Lessee, and Lessee does hereby take from the City, the following described real property situated in the City of Yakima, Yakima County, Washington, to -wit: Block building and adjacent fenced area located behind Fire Station No. 2 at 101 South 7th Avenue, Yakima, Washington 2. Sublease, Assignment. Lessee shall not sublease or assign this lease or any portion thereof without first obtaining the Lessor's written consent, nor shall there be any assignment of this lease by operation of law, either voluntary or involuntary. 3. Use. It is understood and agreed that Lessee shall use the leased premises for the purposes related to the Early Childhood Program. This program includes, but is not limited to, students of Yakima School District, parents and children participating in the program, and the Parenting Education and Exploring Early Childhood Development Program of Yakima Valley Community College. 4. Term. The term of this lease shall be for one term: September 1, 1991 through June 15, 1992. The term is further limited to the hours of 7:00 a.m. to 1:00 p.m., Monday through Friday. 5. Repairs and Maintenance. The premises have been in- spected and are accepted by Lessee in their present condition, and Lessee will at all times keep the premises neat, clean, and in a sanitary condition and will replace any glass of all windows and doors as may become cracked or broken, and will repair any damage - 1 - (agr/fs2.sc to any exterior or interior doors, and except for reasonable wear and tear and damage by fire or other unavoidable casualty, will at all times preserve said premises in as good repair as they now are or may hereafter be put to. All repairs shall be at the Lessee's sole expense and cost, provided that this responsibility shall not apply to outside walls, roof and foundation, or plumbing and elec- trical systems, unless the damage is caused by the negligence or intentional act of Lessee, his agents or employees; and Lessee agrees that at the expiration or sooner termination, Lessee will quit and surrender said premises without notice, and in a neat and clean condition, and will deliver up all keys belonging to said premises to Lessor or Lessor's agents. 6. Alterations. After prior written consent of Lessor, Lessee may make alterations, additions, and improvements in said premises, at Lessee's sole cost and expense. In the performance of such work, Lessee agrees to comply with all laws, ordinances, rules, and regulations of any proper public authority, and to save Lessor, its officers, employees, and agents harmless from damage, loss or expense. Upon termination of this lease, any such improve- ment shall become the property of the Lessor. 7. Operation. Lessee will at all times lawfully use the property in accord with City, County, and state ordinances, laws, charters, regulations, and rules. 8. Heating and Utilities. Lessee agrees to pay for all heat and utilities for the duration of this agreement. 9. Default. In the event of Lessee's breach or failure to comply with any of the provisions of this agreement. Lessor may give the Lessee a written notice at his last known address. Said notice shall allow Lessee fifteen (15) days from the date of mail- ing to cure the default. If the default is not cured in a timely manner, this lease shall be in default and the Lessor shall have the right to re-enter the premises and lease it to another. The foregoing remedy is not exclusive and Lessor shall have the right to use any other remedy. 10. Inspection. It is understood and agreed that Lessor reserves the right of access, ingress, and egress at reasonable times to leased premises. Further, Lessor agrees that at least once during the school calendar year the premises is open to the general public to demonstrate the use and educational benefits derived from holding said lease. 11. Non -waiver. It is understood and agreed that Lessor's waiver expressed or implied of Lessee's breach of any of the cove- nants, terms or conditions of this lease shall not be construed to be a waiver of any subsequent breach of the same or any other covenant, term or condition of this lease, nor affect or prejudice any of the Lessor's remedies or rights hereunder. - 2 - (agr/fs2.sc) 12. Notices. All notices required under this lease to be given by either party shall be effective as of the date of personal delivery or by certified mailing, return receipt requested, postage prepaid, and properly addressed to the parties at the following addresses or as the same may be changed from time to time upon written notice to the other party. Lessor: Lessee: City Manager 129 North 2nd Street Yakima, Washington 98901 Superintendent Yakima School District No. 7 104 North 4th Avenue Yakima, Washington 98902 13. Attorney Fees, Venue. In the event any suit or action shall be instituted to enforce or construe this lease or any party thereof, the prevailing party in such suit or action shall be entitled to reasonable attorneys' fees and costs, and venue shall be in Yakima County, Washington. 14. Merger, Warranties. This lease contains all terms, conditions, representation, warranties by the parties, is their entire agreement, and shall not be modified or amended except in writing, signed by the Lessor and Lessee. Paragraph headings have been used for convenience oniy and are not to be considered in construing or interpreting this document. 15. Indemnit and Waiver. Lessee shall defend, indemnify, and hold harmless the City, its officers, employees, and agents from any and all claims arising from this lease agreement. Lessee shall file with the Yakima City Clerk a certificate of insurance, or other proof of insurance acceptable to the City. 16, Cancellation. The City reserves the right to cancel this lease by giving the Lessee written notice sixty (60) days prior to cancelation, should this property be needed for City use. 17. Taxes. Lessor shall pay before delinquency, all taxes assessed as a result of or incident to this lease. 18. Consideration. In lieu of monetary consideration, Lessee shall maintain the facility in a neat and clean condition for purposes of the educational benefits aforesaid. 19. The parties to this lease have executed this agreement on the day and year first above written. - 3 - (agr/fs2.sc) LESSOR: City of Yakima, Washington Richard A. Za , Jr. City Manager ATTEST: Karen S. Roberts, CMC City Clerk City Contract # 91-85 Resolution D- 5980 LESSEE: Ya ma School District No. 7 Ya Superin enden STATE OF WASHINGTON ) :ss. County of Yakima On this 4 day ofarr./ , 1991, before me the undersigned Notary Public in an for the State of Washington, duly commissioned and sworn, personally appeared RICHARD A. ZAIS, JR., and KAREN S. ROBERTS, to me known to be the City Manager and City Clerk, respectively, of the City of Yakima, the corporation exe- cuting the foregoing document, 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 they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC i. ad for the S ate of Washington, residing at My commission expires: STATE Or WASHINGTON ) :ss. County of Yakima On this 3 day of , 1991, before me the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared P4 -7R K 04.11,01A) to me known to be the Superintendent of Yakima School District No. 7, the corporation executing the foregoing document, and acknow- ledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned and - 4 - (agr/fs2.sc) on oath stated that they are authorized to execute said instru- ment. WITNESS my hand and official seal hereto affixed the day and year first above written. rm JP NOTARY PUBLIC in aud—fOr the State of Washington, resWng at YeVte--1/ My commission expires:0/0-y ad(941- -5-.- (agr/fs2.sc)