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059-24 - Special Olympics Washington - ContractDocusign Envelope ID: 035AO8EO-98D8-4D78-868A-598E77A9AED2 REAL PROPERTY LEASE AGREEMENT NO. 059-24 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 7:00 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 August 6, 2024, and end on October 31, 2024, 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 Finance department of the City of Port Orchard on or before October 31, 2024. Section 4 — LEASE EXTENSION This lease may be extended upon written request of either parry 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 date of the event, including the preparation and implementation of a COVID-19 Safety Docusign Envelope ID: 035AO8EO-98D8-4D78-868A-598E77A9AED2 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. Docusign Envelope ID: 035AO8EO-98D8-4D78-868A-598E77A9AED2 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 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 Docusign Envelope ID: 035AO8EO-98D8-4D78-868A-598E77A9AED2 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: 035AO8EO-98D8-4D78-868A-598E77A9AED2 IN WITNESS WHEREOF, the parties hereto have signed and sealed this lease the 23rd day of July 2024. LESSOR: City of Port Orchard Signed by: By: F�� �l�aatn,Sln� It's: Mayor AT T i HENTICATED: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Signed by: Charlette A. Archer, City Attorney LESSEE: Special Olympics Washington, South Kitsap Flag Football Program Signature: Title: SW Program anager 1 ry Exh i bit A JEM Van Zee ' ark Lea s- IL ti r L 1 1 •ti MLpr ps 1 1 i ti ■ 1 i •' 1 ' •L r •• ' ti •41 • •• 1 1 1 k_ s ti 1 LVII • 1 1 J • • • 1 _ WLI If J • _ r � �rf ��• 1 _ f •1 - � i 1 �•�� •yti f •. 7• �i - •� - • 1 .. �• • JY . s 1 = 1 _ram• l •lp u ti � � � • L _ �r . 1 1