HomeMy WebLinkAboutPerry Technical Institute - Facilities Lease Agreement 0 Perry Technical Institute
FACILITIES LEASE AGREEMENT
This agreement is made and effective June 1st, 2024, between PERRY TECHNICAL FOUNDATION,
a Washington nonprofit corporation d/b/a Perry Technical Institute, located at 2011 West Washington
Avenue, Yakima, WA 98903, (hereinafter "PTI" or "Lessor"), and City of Yakima, Yakima Air Terminal
located at 2406 W Washington Ave Suite B,Yakima, WA 98903 (hereinafter "Lessee").
A. Washington State Department of Revenue Ruling:
Perry Technical Institute is either a private school or an educational institution. (See WAC 458-20-167.)
Sales of meals by private schools and educational institutions are not subject to retail sales tax when
the school operates the deli for the exclusive purpose of providing meals to students, teachers, and
staff.
However, all sales of cafeteria meals to others (such as guests) will be deemed retail sales and are
subject to retailing B & 0 tax and retail sales tax.
This ruling is binding upon both Perry Technical Institute and the Department of Revenue under
the facts presented. It will remain binding until: the facts change; the law (either by statute or court
decision) changes; the applicable rule(s) change; the Department of Revenue publicly announces a
change in the policy upon which this ruling is based; or Perry Technical Institute is notified in writing
that this ruling is not valid.
1. Nature and Purpose of Lease. PTI agrees to furnish, for the purposes described herein,
the Main Campus Parking Lots belonging to PTI and specified in that certain "Facilities Rental and
Schedule of Charges," which is attached hereto as Exhibit "A" and incorporated herein (hereinafter, the
"Facilities"). Said Facilities shall be lighted, heated or air conditioned as appropriate and cleaned upon
delivery to Lessee. PTI further agrees to furnish Lessee with those services and/or supplies, if any, as
are specifically noted in Exhibit "A".
The purpose of the lease contemplated herein shall be for Aviation Day commencing at Perry
Technical Institute's Main Campus Parking Lots on June 1st, 2024 @ 10:00am and terminating at June
1st, 2024 @ 5:00pm, including such time as may be necessary prior to and/or following the specified
event or performance for the set-up and removal of supplies, materials or exhibits associated
therewith.
2. Amount and Time of Payment. The Lessee shall furnish all services and/or supplies
necessary to the event or performance not specifically agreed herein to be furnished by PTI. The
Lessee shall pay to PTI, as and for rental of the Facilities and specified services or supplies, if any, the
sum of Q as described more fully in Exhibit "A." Payment in full is required 2 weeks prior to the event
or performance, unless prior arrangements have been confirmed in writing by an authorized PTI
officer.
1 Rev. 2.1.2024
3. Fire. If the Facilities, or any part thereof, are destroyed or damaged by fire or by any
other cause, or if any other casualty or unforeseen occurrence renders the fulfillment of this contract
by PTI impossible, then PTI shall not be held liable or responsible to the Lessee for any consequential
damages. In such event, however, PTI shall promptly refund any rental fees already paid by Lessee.
4. Control of Building. In renting the Facilities to the Lessee, PTI relinquishes neither the
right to control the management thereof nor the right to enforce all necessary and proper rules for its
management and operation.
5. Removal of Lessee Property Following Event or Performance. If the Facilities are not
vacated by the Lessee at the end of the term for which the Facilities are leased herein, PTI shall be
authorized to remove from the Facilities, at the expense of the Lessee, all personal property or supplies
belonging to Lessee, its agents, employees, patrons or guests as may then be occupying the Facilities,
unless prior arrangements have been confirmed with an authorized PTI officer. PTI expressly disclaims
any liability whatsoever for any damages or loss to such property or supplies which may be sustained
by reason of its removal and the Lessee expressly releases PTI from any claims for damages of
whatever kind or nature in connection therewith.
6. Compliance with the Law. The Lessee shall exercise reasonable care to ensure that all
persons attending the event or performance contemplated herein shall comply with all of the laws of
the United States, the State of Washington, and all of the ordinances of the City of Yakima and County
of Yakima, as well as the rules and regulations of PTI for the management of the facilities, together
with all rules and requirements of the police and fire department of the City of Yakima, and will not do,
or allow to be done, anything on the premises, during the terms of this lease, in violation of any such
laws, rules, ordinances and regulations.
7. No Defacement of the Building. The Lessee shall not damage, mar, or deface the
Facilities and associated premises, and shall not cause nor permit anything to be done to damage, mar
or deface the same. Lessee shall not drive, or permit to be driven, any nails, hooks, tacks or screws, in
any part of the Facilities, nor shall make, nor allow to be made, any alterations of any kind in the
Facilities unless prior arrangements have been confirmed in writing by an authorized PTI officer.
8. Responsibility for Damage. If the Facilities and/or associated premises, or any portion
thereof, during the term of this lease, shall be damaged by the act, default or negligence of the Lessee,
its agents, employees, guests or patrons, the Lessee shall pay to PTI, upon demand, such sum as shall
be necessary to restore the Facilities and/or associated premise to their present condition. The Lessee
assumes full responsibility for the character, acts and conduct of all persons admitted to the Facilities
or associated premises or to any portion thereof by the consent of the Lessee, or by or with the
consent of the Lessee's agents or employees. The Lessee, in contemplation of its responsibilities under
this Paragraph, agrees to have on hand all times sufficient security personnel as necessary to maintain
order and to protect persons and property, unless PTI has expressly waived such responsibility or has
agreed to furnish at Lessee's sole expense security personnel or other protections as more fully
described in Exhibit "A".
2 Rev. 2.1.2024
9. Insurance Requirements.
A. The Lessee, at its own cost and expense, shall obtain a Comprehensive General
Liability Insurance policy with limits in the amount of One Million Dollars ($1,000,000) Occurrence and
One Million Dollars ($1,000,000) Combined Single Limit General Aggregate for bodily injury to one or
more persons and property damage. This policy of insurance shall be maintained by Lessee to cover
Lessee's occupancy and use of the Facilities and associated premises, including any move-in and move-
out operations. Such insurance policy shall include, but not limited to, all of the usual coverage's
commonly printed by Washington insurers and referred to in the insurance industry as:
Premises/Operations Liability;
Productions/Completed Operations Liability;
Blanket Contractual Liability; and
Personal Injury Liability, including coverage's A, B, and C
The above insurance policy shall:
(1) Name Perry Technical Institute, its trustees, officers, agents, and employees as
additional insured's thereon;
(2) State that it is Primary and Non-contributory insurance on behalf of the Perry
Technical Institute, regardless of what other insurance PTI may maintain;
(3) Include a "Cross Liability" (severability of interests) clause; and
(4) Provide for written notice to PTI of any termination or material change to the
policy prior to the event or performance contemplated herein.
B. The Lessee shall provide to PTI a certified and true Certificate of Insurance prior
to the event or performance for which insurance is issued. Said Certificate of Insurance shall confirm
coverage of the type and amounts specified herein. PTI may, in its sole discretion, cancel the event or
performance if Lessee fails to provide such proof of insurance coverage.
C. Both Lessee and PTI expressly waive all rights of subrogation against each other
for loss or damage to their respective property arising out of fire, lightning, and perils of Extended
Coverage on the Facilities and associated premises. Lessee agrees that any policy of insurance
acquired pursuant hereto, or sought to be applied to the terms hereof, by Lessee, shall contain a
Waiver of Subrogation clause consistent with the terms of this paragraph.
D. The Lessee shall not do, nor permit to be done, anything in or upon the Facilities
and associated premises, or bring or keep anything therein or thereupon, which will, in any way,
conflict with the conditions of any insurance policy upon the Facilities and associated premises, or in
any way increase any rate of insurance thereon.
10. Indemnification.
A. The Lessee shall indemnify, defend, and save harmless, Perry Technical Institute,
its officers, agents, and officials, against any and all claims, losses, damage, costs or liability (including
attorney fees) and shall pay legal costs, fees, and charges in defense thereof, for injury to person or
property damage, including claims of employees or agents of Lessee resulting directly or indirectly
from any act, incident, or accident occurring in, upon, or about the Facilities and from any act, incident,
or accident occurring in, upon, or about the Facilities and associated premises as a result of the acts,
3 Rev. 2.1.2024
errors, or omission of the Lessee or its agents, or arising in connection with the operation, use, or
occupancy of the Facilities and associated premises by Lessee. Lessee shall not, by this provision, be
required to indemnify Perry Technical Institute for loss of damages, or costs incurred in defense, which
arise out of the sole negligence of Perry Technical Institute, its officers, agents or employees.
B. The Lessee hereby expressly waives any and all claims of whatever nature
against Perry Technical Institute for any and all loss or damage to persons or property sustained from
any cause whatever prior to, during, or subsequent to the rental period specified herein by reason of
any defect, deficiency, failure, or impairment of the Facilities and associated premises, including but
not limited to, the water supply system, heating and air conditioning system, wires leading to or inside
the premises, gas, electric, or telephone systems, automatic sprinkler system, or from any other source
whatsoever.
11. Assignments. The Lessee shall not assign this lease, nor allow any use of the Facilities
and associated premises other than as specified in this agreement, nor sublet the same, unless prior
written consent by an authorized PTI officer.
12. Governing Law. This agreement shall be construed and enforced in accordance with the
laws of the State of Washington.
13. Government/Political Affairs Forum Policy It is the policy of the Perry Technical Institute
(PTI) as a registered nonprofit entity to comply with Internal Revenue Service (IRS) Regulations that
restricts the use of its property and employees in political campaign activities in support of or in
opposition to candidates. As such, any/all political activity held in conjunction with Perry Tech on the
premises must be solely and exclusively focused on non-campaign related correspondence designed to
serve all citizens at large.
14. Entire Agreement. This agreement constitutes the entire understanding of the parties
and supersedes any and all prior representations and agreements.
IN WITNESS, each party to this agreement has caused it to be executed
on the date indicated below.
(LESSOR) PERRY TECHNICAL INSTITUTE
Signed By:
Dated:
(LESSEE) City of Yakima,Yakima Air Terminal
Signed By: ‘2?4€1,9'
Dated: MCL,v"CV 4I
!TY CONTRACT NO 0� r0(9w03(1
SOLUTION NO: ry (Pr 4 Rev. 2.1.2024
Use of Facilities
Perry Technical Institute reserves the right to refuse to rent its facilities to any organization. PTI also
reserves the right to eject or cause to be ejected from it facility (facilities) any objectionable person or
persons; and neither the Institute nor any of its officers, representatives or employees shall be liable
for the user for any damages that may be sustained by user through the exercise by PTI of such right.
Facility Hours
Perry Technical Institute is open from 6:30 a.m. to 5:00 p.m., Monday through Thursday. Please make
arrangements to sign for and pick up the key for evening or weekend use during the aforementioned
times prior to your facility use. The key is to be returned to the office the following morning. If the key
is not returned, there will be a re-keying charge.
Defacement and/or Damage to Property
The user hereby assumes full responsibility for the acts of all persons using the facility and hereby
agrees to reimburse Perry Technical Institute for any and all damages done to said facility during the
timer covered by this agreement (fair wear and tear expected). Perry Technical Institute assumes no
responsibility for accidents and/or loss of property incurred by the user or user's guests.
Liability
Perry Technical Institute will be held harmless for any injury to or death of persons associated with this
event or guests attending the event. Personal liability insurance, if desired, is the responsibility of the
sponsoring organization or of the individual.
Perry Technical Institute is not liable for the loss of money, clothing, or other valuables, or loss or
damage to guests' personal goods housed in PTI facilities. Guests are encouraged to carry their own
personal property insurance as PTI will not assume responsibility for loss due to fire, flood, theft, or
mischief.
Certificate of Insurance
If you are using Perry Technical Institute facilities for commercial ventures, a Certificate of Insurance
must be provided prior to your event.
Pets
No pets are permitted in PTI facilities at any time.
I have read, understand and accept the terms of the Facilities Lease Agreement.
Lessee (Printed Name): I-)a.U'L__, tL
Lessee (Signature : Date: 19
PTI President: Date: � 3 7 c� #`
5 Rev. 2.1.2024
EXHIBIT A
Non-Profit Organization/ PTI Affiliated Organization— Facility Fee
Facility/Capacity: Rate:
Classroom/22 $0-per hour
Boardroom/20 $0- per hour
Multi-Purpose Room/50 $0- per hour
Learning Resource Center/28-70 $0- per hour
Foyer/75 $0- per hour
Presentation Room/45 $0-per hour
Student Center/75 $0-per hour
Parking Lot $0-per hour
Profit Organization— Facility Fee
Facility/Capacity: Rate:
Classroom/22 $25-per hour
Boardroom/20 $25- per hour
Multi-Purpose Room/50 $30- per hour
Learning Resource Center/28-70 $30-per hour
Foyer/75 $30-per hour
Presentation Room/45 $30-per hour
Student Center/75 $100-per hour
Parking Lot $100-per hour
Non-Profit/Profit Organization -Support Fee
Support Type: Rate:
IT Support $25- per hour
Staff Support $25- per hour
Setup/Teardown $25- per hour
Custodial Fee $25- per 100 people
Equipment Needs:
6 Rev. 2.1.2024
RENTAL REQUEST FORM
Name of Organization: City Of Yakima, Yakima Air Terminal
Contact Person: Shelby Barrett
Physical Address: 2406 W Washington Ave Suite B,Yakima, WA 98903
Mailing Address: 2406 W Washington Ave Suite B, Yakima, WA 98903
Phone Number: 509-575-6149
Intended Use: Aviation Day
Facility Requested: Main Campus Parking Lots
Date/Time Needed: Saturday June 15t, 2024 @ 10:00 am to 5:00 pm.
Total Rental Fee: (Payment in full is required two weeks prior to the event. Cash or checks are
acceptable; checks should be made payable to Perry Technical Institute).
Certificate of Insurance (if applicable): We need the certificate of insurance on file.
Date key is to be picked up: N/A
Date key is to be returned: N/A
Thank you!
7 Rev. 2.1.2024