109-22 - Special Olympics WA, SK Flag Football - ContractDocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F
REAL PROPERTY LEASE
AGREEMENT NO. 109-22
LESSOR: CITY OF PORT ORCHARD, a municipal corporation
LESSEE: Special Olympics Washington, South Kitsap Flag Football Program, a non-profit
corporation in the State of Washington
ASSESSOR'S TAX PARCEL ID#: Portion of tax parcel #352401-3-026-2000; 300
Tremont Street, Port Orchard, WA
This Lease is made and entered into by and between the CITY OF PORT ORCHARD, a
municipal corporation organized and existing under the laws of the State of Washington,
herein referred to as Lessor or the City, and Special Olympics Washington, South Kitsap Flag
Football Program, herein referred to as Lessee.
Section 1 - PREMISES
For and in consideration of the mutual covenants hereinafter contained, Lessor does hereby
agree to a non-exclusive lease, let and demise unto the Lessee of a portion of the park
described below "as is" between the hours of 5:30 p.m. and 7:30 p.m., on Tuesdays and
Thursdays:
Van Zee Park: A portion of Van Zee Park measuring approximately 150 feet
by 240 feet as delineated on the attached Exhibit "A".
Section 2 - TERM
This lease shall commence on September 14, 2022, at 5:30 p.m. and end on November 17,
2022, at 7:30 p.m., unless extended pursuant to Section 3, or earlier terminated pursuant to
Section 8.
Section 3 - RENT
The rent shall be seventy-five dollars ($75.00) for the term of the lease payable in full without
deduction or offset, to the Treasurer of the City of Port Orchard on or before October 15,
2022.
Section 4 — LEASE EXTENSION
This lease may be extended upon written request of either party and written execution of an
extension by both parties, prior to the end date.
Section 5 - CONDITIONS OF USE
A. It is understood and agreed between the parties that the Lessee shall not utilize the
premises other than for organizing and administering youth athletic programs.
B. The Lessee shall comply with all regulations and guidance disseminated by all federal,
state and local officials pertaining to the COVID-19 pandemic that are in effect on the
DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F
date of the event, including the preparation and implementation of a COVID-19 Safety
Plan, face covering and social distancing requirements, and associated public health and
safety infrastructure.
C. The Lessee is prohibited to make any improvements to the PREMISES and the areas
immediately adjacent to the PREMISES.
D. Lessee shall maintain a clean and operational portable restroom available for use during
practice hours.
E. Lessee shall not sublease or rent any portion of the above -described real property without
the prior written consent of Lessor, and consent to a sub -lease or rental agreement shall
not be deemed to be consent to any subsequent sub -lease or rental agreement.
F. Lessee agrees to maintain the above -described real property during the term of this lease
and shall be responsible for the maintenance and upkeep of said area at all times,
including but not limited to turf and shall be responsible for maintaining said area in an
orderly state and sanitary condition.
Section 6 - INDEMNIFICATION; INSURANCE.
A. Lessor, its officers, elected officials, employees and agents, shall not be liable for any loss,
damage or injury of any kind or character to any person or property arising from any use
of the leased premises or any part thereof, or caused by and/or arising from any act or
omission of Lessee or any of its agents, employees, licensees or invitees or by or from any
accident on the leased premises or any fire or other casualty thereon or occasioned by the
failure of Lessee to maintain said premises or to cause the same to be maintained in a safe
condition or by a nuisance made or suffered thereon, or arising from any other cause
whatsoever; and Lessee, as a material part of the consideration of this lease, hereby
waives on its behalf all claims and demands against Lessor and hereby indemnifies and
agrees to defend and hold Lessor, its officers, elected officials, employees and agents,
entirely free and harmless from all liability for damages and costs of other persons for any
such loss, damage or injury, together with all costs, reasonable attorney's fees and
expenses arising therefrom.
B. Lessee shall procure and maintain during the lease term a commercial general liability
policy against claims for injuries to persons or damage to property that may arise from or
in connection with Lessee's use of the leased premises. Said policy shall have insurance
limits no less than $1,000,000 each occurrence and $2,000,000 general aggregate. Said
policy shall be endorsed to name the Lessor as an additional insured and to state that
coverage shall not be cancelled unless Lessor has received thirty (30) days written notice
by certified mail, return receipt requested.
Section 7 - ASSIGNMENT
Lessee shall not assign or transfer this lease or any interest therein without the prior written
consent of Lessor, and such consent to an assignment shall not be deemed to be consent to
DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F
any subsequent assignment. Any such assignments without such consent shall be void, and
shall at the option of Lessor, terminate with this lease.
Section 8 - DEFAULT
In the event the Lessee shall fail to keep and perform any of the covenants and agreements
herein contained, including compliance with then -applicable COVID-19 public health
directives or the maintenance of a proper insurance policy as described above, Lessor may
terminate this lease by giving written notice to Lessee. Provided, however, that with the
exception of Lessee's failure to maintain a proper insurance policy as described above, Lessee
shall be given a minimum of five (5) days upon receiving written notice to cure any default
prior to lease termination. Lessee's failure to maintain a proper insurance policy as described
above is not subject to Lessee's right to cure and shall be grounds for immediate termination
of the lease by Lessor. In the event of any such lease termination, Lessor, in addition to the
other rights and remedies it may have, shall have the immediate right of re-entry and may
remove all persons and property from the premises.
Section 9 - WAIVER
Lessor's waiver of one or more covenants or conditions shall not be construed as a waiver of a
subsequent breach of the same or other covenants or conditions.
Section 10 - PARTIES BOUND
The covenants and conditions herein contained shall, subject to the provisions as to
assignment and transfer, apply to and bind the heirs, successors, executors, administrators,
and assigns of all the parties hereto.
Section 11 - LESSOR'S RESERVATION
Lessor reserves the right, without liability to Lessee, to inspect the premises at reasonable
times, upon reasonable notice, and without unreasonable interference to Lessee's activities on
the premises.
Section 12 - ENTIRE AGREEMENT
This lease sets forth the entire agreement between the parties and it shall not be modified in
any manner except by an instrument in writing executed by the parties.
Section 13 - JURISDICTION, VENUE AND ATTORNEY FEES
Any action for claims arising out of or relating to this lease shall be governed by the laws of
the State of Washington. Venue shall be in Kitsap County Superior Court. In any suit or
action instituted to enforce any right or obligation granted in this lease, the substantially
prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's
fees from the other party.
[SIGNATURE PAGE FOLLOWS]
DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F
IN WITNESS WHEREOF, the parties hereto have signed and sealed this lease the 14'h day of
September 2022.
LESSOR:
City of Port Orchard
Lbo,'.ned by:
By: v� P4M MWu,
It"s: Mayor
A TYHENTICATED:
Brandy"Vffl&',NMC, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
C ar e 6 e rc er, City Attorney
LESSEE:
Special Olympics Washington, South
Kitsap Flag Football Program
Signature:
Title: SW PVVM M
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