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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