HomeMy WebLinkAbout026-25 - Washington State Military Department - ContractMIL#: LX25-005
State of Washington Military Department
Bldg. 36, Camp Murray
Tacoma, WA 98430-5013
Attn: Real Property Office
Document Title: Lease
Lessor: Washington State Military Department
Lessee: City of Port Orchard (Police Department)
FACILITY LEASE
1. This LEASE is made and entered into between Washington State Military Department
whose address is Real Property Office, Camp Murray, Building 36, Tacoma, Washington 98430- 5013,
for its administrators, successors, and assigns, hereinafter called the Lessor, and City of Port Orchard
(Police Department) hereinafter called the Lessee.
WHEREAS, the Lessor and Lessee deem it to be in the best public interest to enter into this Lease;
NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained
herein, IT IS MUTUALLY AGREED AS FOLLOWS:
PREMISES
The Lessor hereby leases to the Lessee the following described Premises:
Tax Parcel Number: A portion of 362401-1-014-200
Common Name and Street Address: 1950 Mile Hill Drive, Port Orchard, Washington 98366
Legal Description: A portion of said parcel located at 1950 Mile Hill Drive, Port Orchard,
Washington 98366, legally described as: beginning in the north quarter corner of Section
36,Township 24 North Range I East, Willamette Meridian, thence South 0* 12'40" west 87.22 feet
to the true point of beginning; thence South 0*1 I'54"West 601.71 feet more or less to the north line
of Lincoln Avenue; thence North 88*52'55" West 647.65feet more or less to the point of beginning,
containing 8.825 acres more or less; subject to all easements and dedications of record. Such real
property is located within the real property shown in Attachment A, which is incorporated herein
by this reference.
The Premises are further restricted to areas described in the section 3, Use, including any exhibit
thereto.
USE
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3. The Lessee shall have use of the 2.000 square foot storage building commonly known as
the "Butler Building" located directly behind the Port Orchard AI'mory for exclusive storage of Police
Deparhncnt equipment. Due to security requirements, there will be a 25-foot buffer zone around said
building. No other use shall be permitted without prior written approval of the I..essor.
TERM
4. TO HAVP AND TO HOLD the Premises with their appurtenances for the term
beginning April I. 2025 and ending March 31. 2028. This will be a three (3) year lease.
CONDITION OF PROPERTY
5. Taking possession of the Property by Lessee constitutes acknowledgment by Lessee that
the Property and all of its appurtenances thereto are in good and tenantable condition, in good order and
repair, and in safe condition for the conduct of'any activities or enterprises to be conducted on the Property
ptu•suant to this Lease. Lessee acknowledges that Lessor has made no representations as to the condition
Of the Property unless such are expressly set firth in this Lease.
I-191011►"
follows:
6. The Lessee shall pay Rent on a monthly basis to Lessor Ior the Leased Premises as
Annual Period Base Rent Utilities Total Monthly Amount Due
April I,
2025 thrut March 31.
2026
$1,026.08
$307.82
$1,333.90
April 1.
2026 thru March 31.
2027
$1,056.86
$317.05
$1,373.91
April 1,
2027 thru March 31,
2028
$1,088.57
$326.56
$1,415.13
Payments shall be made payable to the Washington State Treasurer by the 10°i clay following the
Commencement Date:
Payment shall be sent to---:
Building 1
I Militia Drive
Camp Murray, WA 98430-5000
Attn: State Finance Department -- Accounts Receivable
If applicable. Lessee shall remit to Lessor leasehold excise tax, pursuant to RC'W 82.29A, which is 12.84%
of the rental payment. Leasehold excise tax shall be adjusted ifthere occurs an adjustment in the rental rate
or leasehold excise tax rate. Said tax shall be paid the same time as payment of rent is due.
LATE CHARGE
7. If any payment of rent, or any other sum due to the Lessor, is not received by Lessor by
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the due date, a late charge of one percent (1 %) of the rent due and unpaid plus a $25.00 administration fee
shall be added to the amount due and the total sum shall become immediately due and payable to Lessor.
Each additional rental period that the amount due goes unpaid shall be subject to a late charge of one
percent (1 %) of the rent due plus an administration fee of $25.00. Also, there shall be a charge of $25.00
for any check returned uncollectible.
MAINTENANCE. AND REPAIR
8.A. The Lessee shall be liable for and charged for any damage it, or its agents, employees,
invitees, and guests cause to the Premises during the term of the Lease. Ordinary wear and tear is not
considered damage. The Lessee is responsible for keeping the Premises in as clean or cleaner condition
than existed prior to any use. If debris is left on the Premises, lessee may be charged for cleaning fees.
Lessor will invoice the Lessee for the reasonable costs of any repairs of damages for which it is liable
and/or cleaning fees. and the Lessee shall pay said invoice \within thirty (30) days of receipt.
8.B. The Lessor shall maintain the Premises in good repair and condition during the term of
this Lease; provided Lessee shall be charged for any repair ofdamages for which it is liable under 8A.
Upon receiving written notice from Lessee of a condition of the property requiring repair, Lessor shall
inspect the area and determine if repair is in fact needed, and if needed, Lessor will endeavor to initiate
and complete cure or repair such condition within a reasonable time, subject to available funding and
priorities as determined in the Lessor's discretion. The Lessor reserves the right at reasonable times to
inspect the Premises.
ASSIGNMENT/SUBLEASE
9. The Lessee shall not assign this Lease nor sublet the Premises, and shall not permit the
use of Premises by anyone other than the Lessee, its agents, employees, invitees, and guests or for any
use other the use provided in section 3, Use, without the prior written consent of the Lessor, which
consent can be withheld for any reason in the Lessor's lawful discretion.
FIXTURES, IMPROVEMENTS AND SIGNS
10. During the term of this Lease, the Lessee is not permitted to attach fixtures, make
improvements, or erect signs without the prior written approval of the Lessor. Unless otherwise agreed in
a written amendment, all fixtures, improvements, signs shall be installed, maintained during the Lease,
and removed upon Lease termination at the Lessee's sole cost and expense. The Lessee shall repair and
restore the premises at its sole costs to as close as feasible to the pre-existing condition alter such approval.
If Lessee fails to remove or repair the premises, the Lessor at its option may do so, in which case, the
Lessee shall fully reimburse the Lessor for all Lessor's costs and expenses, including the Lessor's internal
staff time and resources.
If this Lease occurs after a preceding lease with the Lessee terminates or expires, and any
Fixtures, improvements, or signs remain that were previously installed by or for the Lessee, unless
specifically provided by amendment otherwise, those fixtures, improvements, and signs shall be considered
the property of the Lessee, and shall be subject to the provisions of this section as if they were installed during the
teen of this Lease.
RENEWAL
IL If Lessee desires to seek renewal of the Lease, it shall provide written notice to Lessor
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of its intention to seek renewal at least sixty (60) days prior to the expiration date of the Lease by registered
or certified mail. The Lessor in its sole discretion will determine whether it desires to enter such a renewal
with the Lessee, and shall endeavor to notify the Lessee of its willingness to negotiate renewal within
thirty days of its receipt of the notice. if Lessor is willing to negotiate a renewal, and if negotiations
between the parties have not resulted in a new Lease agreement before the expiration of this Lease, no
renewal shall occur, unless the Lessor extends this deadline in writing.
TERMINATION, SUSPENSION, AMENDMENT
12. A. it is mutually understood and agreed by and between the Lessor and the Lessee that this
Lease may be terminated by the Lessee on or after the Ist month of its term, and any month thereafter,
provided that written notice of such cancellation and termination shall have been given at least ninety (90)
days prior to the effective date thereof, in which event rent shall be prorated to the date of termination.
12.13. it is mutually understood and agreed that the Lessor may indefinitely suspend or
terminate this Lease, in its unfettered discretion, with seven (7) day notice when such notice is practicable.
Provided, if the Lessor in its discretion determines that an emergency condition exists, the Lessor may
suspend or terminate the Lease immediately upon notice to the Lessee or notice posted on the Premises.
Upon suspension or termination, the Lessee shall immediately vacate the Premises or by such date as may
be provided in the notice. Lessee shall in no way obstruct or interfere with the Lessor's use of tile Premises.
12.C. This Lease may be amended only by a written mutual agreement of the parties, signed
by both parties by person with authority to sign. Such amendment shall not take effect until made in
writing and signed by authorized representatives of the parties.
CONDITION AT END OF LEASE TERM
13.A. Upon cancellation or termination of this Lease, Lessee agrees to vacate the Premises
immediately or by such date as Lessorotherwise provides in writing, and remove at its expense all property
it owns, unless otherwise agreed in writing with the Lessor. The Lessee shall pay the costs of any such
cleaning plus Lessor's administrative expenses to conduct the cleaning with thirty days of receiving an
invoice. If a deposit or credit exists, the Lessor may deduct any outstanding charges from the deposit or
credit.
13.B. Lessee shall be responsible For all reasonable costs, expenses, and attorneys' fees
associated with such termination, including, but not limited to, those costs, expenses, and attorneys' fees
that the Lessor incurs for repair of damage for which Lessee is liable, cleaning for which Lessee is liable,
removal of property of the Lessee and any related repair or restoration of the Premises. The costs of
cleaning include Lessor's administrative expenses to conduct the cleaning.
13.C. In the event Lessee does not remove trade fixtures, personal property and equipment
within thirty (30) days following lease expiration or termination, Lessor may at its election (i) require
Lessee to remove such property at Lessee's sole expense, and Lessee shall be liable for any damage to the
property caused by such removal and the costs of restoration to a condition at least as good as the property
was prior to the placement of such property on the Premises, (ii) treat said items as abandoned, retaining
said properties as pail of the Premises; or (iii) have the items removed and stored at Lessee's expense.
Lessee shall reimburse Lessor for any damage caused to the Property by the removal and restoration,
whether removal or restoration is by Lessee or Lessor within 30 days receipt of notification by Lessor.
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HOLDING OVER
14. if Lesscc remains in possession of the Premises after the expiration or termination of the
Lease term, or any extension thereof. the Lessor in its sole discretion may deem such holdover to be a
month-to-nlonth tenancy by providing written notice thereof to the Lessee. In such case, Lessee shall pay
150% of monthly rent provided for in this Lease or such other rent as the parties mutually agree to in
writing and all provisions of this Lease shall apply to the nlonth-to-nlonth tenancy, except those pertaining
to term and option to renew. Lessor may terminate the month-to-nlonth tenancy upon thirty (30) days
advance written notice.
DISASTER
15. In the event the Leased Premises are destroyed or damaged by fire, earthquake or other
casualty so as to render the Premises totally unfit for occupancy, the Lessor or the Lessee may terminate
this Lease. In the event of such termination, lessee shall be reimbursed for any unearned rent that has
been paid, minus any charges that have not been paid.
NO GUARANTEES
16. It is understood that the Lessor has made no guarantees, express or implied.
representations. promises or statements unless endorsed herein in writing. This Lease shall not be valid
and binding upon the State of Washington unless it has been approved by The Adjutant General of the
Military Department or his or her designee and approved as to form by the Office ofthc Attorney General.
DISPUTE RESOLUTION
17. In the event that a dispute arises between the parties and it cannot be resolved through
discussion and direct negotiation, either party may request the matter be mediated. If mediation fails to
produce an agreement or the parties agreed to forgo mediation, it shall be submitted to arbitration under
RCW 7.04A. All costs of arbitration shall be equally shared. and each party shall bear its own attorneys'
fees. if anv.
HOLD HARMLESS
18. To the fullest extent permitted by law, the Lessee, its successors or assigns expressly
agrees to and shall indemnify, defend and hold harmless the Lessor and its agencies, officials, agents, and
employees, from and against all claims, actions, costs, damages, or expenses of any nature arising out of
or in connection with any acts or activities of Lessee, its employees, agents, guest, or invitees authorized
by this Lease. Lessee's obligation to defend includes payment of any costs or attorneys' fees. Lessee's
obligation shall not include such claims that may be caused by the sole negligence of the Lessor and its
agents and employees. If the claims or damages are caused by or result from the concurrent negligence of
(a) the Lessor, its agents or employees and (b) the Lessee. its agents, employees, invitees, or guests, this
indemnity provision shall be valid and enforceable only to the extent of'the negligence of the Lessee, its
agents, employees, invitees, or guests. The Lesscc expressly agrees to waive his/her immunity under Title
51 RCW to the extent required to indemnify, defend, all(] hold harmless the Lessor and its agents or
employees.
INSURANCE
19. A. Lessee shall, at all times during the term of this Lease and at its sole cost and expense,
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buy and maintain insurance of the types and amounts listed below, and provide proof Of insurance prior
to the beginning of the Lease period. In the absence of such insurance, this Lease shall be deemed void.
Further. Lessee shall promptly notify Lessor of any changes, modifications, or amendments to such
policies. failure to buy and maintain the regUired insurance May I'Milt in the termination ofthe I -ease at
the Lessor's discretion.
19.13. All insurance and surety bonds should be issued by companies admitted to do business
within the State of Washington and have a rating of A-, Class VII or better in the most recently published
edition of Best's Reports. Any exception shall be reviewed and approved by the Department's Risk
Manager, or the Risk Manager for the State of Washington, before the Lease is accepted. If an insurer is
not admitted, all insurance policies and procedures for issuing the insurance policies must comply with
Chapter 48.15 RC W and 284-15 WAC.
19.C. Lessee shall maintain general Iiability (CGL) insurance, and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000.000 per each occurrence. If such CGI. insurance
contains aggregate limits, the General Aggregate limit shall be at least twice the "each OCCUri'e11CC" limits.
CGL insurance shall have products -completed operations aggregate limit of at least two times the "each
occurrence" limits.
19.1). CGL insurance shall be written on ISO occurrence form CG 00 01 (or a substitute form
providing equivalent coverage). All insurance shall cover liability arising out of Premises, operations,
independent contracts, products -completed operations. personal injury and advertising injury, and liability
assumed under an insured contract (including the tort liability ofanother assumed in a business contract),
and contain separation on insured (cross liability) condition. All policies required under this paragraph
shall include and maintain the following provisions and the Lessor shall be provided written notice before
cancellation or non -renewal of any insurance referred to therein, in accord with the following
specifications:
• Lessee is subject to 48.18 RCW (Admitted and Regulated by the Insurance
Commissioner): The insurer shall give the State 45 days advance notice of cancellation
or non -renewal. I f cancellation is due to non-payment of premium, the Lessor shall be
given ten (10) clays advance notice of cancellation.
• Lcssee is subject to 48.15 RCW (Surplus lines): The Lessor shall be given twenty (20)
days advance notice of cancellation. If cancellation is clue to non-payment of premium,
the Lessor shall be given ten (10) clays advance notice of cancellation.
• The Lessor, its elected and appointed officials, agents and employees shall be named as
an additional insured on all general liability. excess. Umbrella and property insurance
policies.
• The Insurance certificate must include Military Lease Number, Readiness Center
Location and endorsements.
• All insurance provided in compliance with this Lease shall be primary as to any other
insurance or self=insurance programs afforded to or maintained by lessor.
• I3y requiring insurance herein, Lessor does not represent that coverage and limits will be
adequate to protect lessee: and such coverage and limits shall not limit Lessee's liability
under the indemnities and reinlbursenlents granted to Lessor in this (.case.
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HAZARDOUS SUBSTANCES
20. Lessee shall not keep on or about the Premises, for use, disposal, treatment, generation,
storage or sale any substances which are hazardous, toxic, harmful or dangerous, and/or which are subject
to regulation as hazardous or toxic, dangerous, or as a pollutant by any federal, state, or local law,
regulation, statute, or ordinance (collectively referred to herein as "hazardous substances"). Lessee shall
be fully liable to the Lessor, and shall, to the extent permitted by law, indemnify, defend and save harmless
the Lessor and its officials and employees, with respect to any and all damages, costs, fees (including
attorneys' fees and costs), civil and criminal penalties, or clean-up costs assessed against or imposed as a
result of Lessee's use, disposal, generation, storage, or sale of hazardous substances or that of Lessee's
employees, agents, or invitees.
NON-DISCRIMINATION
21. The Lessee shall not discriminate against any person or persons or exclude them from
participation in the Lessees operations, programs or activities conducted on the Leased Premises, because
of race, creed, color, national origin, sexual orientation (including gender identity and gender expressions),
sex, honorably discharged veteran or military status, status as a mother breastfeeding her child, the
presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal
by a person with a disability, or national origin. The Lessee will comply with the Americans with the
Disabilities Act of 1990 (42 U.S.A., 12101-12213 and the Washington State Law against discrimination,
chapter 49.60 RCW, as well as the regulations adopted thereunder, and attendant Americans with
Disabilities Act Accessibility Guideline (ADAAG) published by the Architectural and Transportation
Barriers Compliance Board.
PREMISES
22. Lessor and Lessee have conducted a walk-through inspection of the Premises. It is
understood and agreed that the Lessee accepts the Premises in their present condition and accepts all risk
Of injury to persons or damage to property resulting from, or arising out Of, the condition of the Premises.
This acceptance includes knowledge that the Premises may not meet the requirements set forth in the
Americans with Disabilities Act (ADA). Lessee agrees to hold Lessor harmless from
any liability orclaims due to the Lessee's failure to comply with comply with ADA, if the Lessee
has a duty to comply the ADA or an ADA requirement arises from the Lessee's use of the Premises.
ADDITIONAL LEASE PROVISIONS
23. A. Alcoholic beverages and the sale and consumption of alcoholic beverages are prohibited
in or on property owned by the Lessor. No smoking shall be allowed on the Premises.
23.13. All signs installed on the exterior of the Premises and/or doors and windows of the
Premises shall be subject to the prior written approval of the Lessor, which, in the absolute discretion of
Lessor, may be approved in whole or in part, or withheld for any reason without explanation.
23.C. Lessee agrees that areas not specifically authorized for their use under the terms of this
Lease are not authorized for the use or entry of Lessee, its employees, agents, guests, and invitees, and
that entry into such unauthorized areas may be grounds for termination of this Lease.
23.D. Lessee agrees to not use this property for commercial and political activities. Lessor's
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buildings may not be used Rlr political purposes, nor will they he rented to a political organization or an
affiliate thereof except the local government agencies for use as a polling place. Buildings will not be
rented to profit making organizations L1111CSS the profits are generated for some public or beneficial use.
Profit making organizations or civic groups ilia), use Lessor's buildings when the primary purpose of' tile
event is a lilndraiser in the public interest. The facility will not be used for activities detrimental to the
interest ol'thc US Government, the State of Washington. the National Guard or its members.
23.1:;. Lessee acknowledges the Lessee shall be solely responsible fir the personal security and
protection of its employees, agents, customers, invitees, children. parents participating in Lcssce's
activities, and spectators or visitors associated with Lessee's activities, including but not limited to
personal injury, and property damage, including damage to personal property. Lessee shall be responsible
for instituting adequate security measures to accomplish such security and protection. Lessee's obligations
encompass the Leased area. Any security devices to be installed at the Premises require the prior written
consent of Lessor and shall be in conformance with Lessor's criteria, if any. Lessee agrees to save L.cssor.
its agents and employees harmless fi•om any and all liability due to any personal injury, or property damage
Or loss in any way related to Lessee's security measures.
23.17. In the event of a Local, State or National emergence where the occupation ol'the lessee
is detrimental to success of the operation, the lessee will suspend operations, and an anlendnlcr►t will
document the adjustments of'the lease cost.
CONDEMNATION CLAUSE
24. If all the PfCnliSts or such portions of the Premises, as ilia), be required for the reasonable
use of the Premises, are taken by eminent domain, this Lease shall automatically terminate as of the date
Lessee is required to vacate the Premises and all rentals shall be paid to that date. In case of a taking of a
part of the Premises, or a portion not required for the reasonable use of the premises, then the [.,case shall
continue in Cull force and clTect and the rental shall be equitably reduced based on the proportion by which
the floor area of the Premises is reduced, such rent reduction to be effective as of the date possession of
such portion is delivered to the condemning authority. Lessor reserves all rights to damages and awards
in connection therewith, except Lessee shall have the right to claim any relocation benefits.
NOTICES
15. Wherever in this Lease written notices are to be given or made, they will be sent by
certified mail to the address listed below unless a different address shall be designated in writing and
delivered to the other party.
LESSOR: Stateof'Washington Military [Zeal Property Office
Camp Murray. Building 36
Tacoma. WA 98430-5013
harolcl.c,lii-.lic l.i!(i?miil_W,I.<L"ov
253-512-8265
LESSEE: City ofPort Orchard
Attn: Chiel'Brown
546 Bay tit.,
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Port Orchard. WA 98366
tnbrown(ir?pottorchardwa.eo
13 6 0- 876-1700 Office
206-284-8510 Fax
CAPTIONS
26. The captions and paragraph headings hereof are inserted for convenience purposes only and
shall not be deemed to limit or expand the meaning of any paragraph.
GOVERNING LAWNENUE
27. This Lease is to be governed by and construed in accordance with the laws of the State of
Washington. Venue of any action between parties relating to this Lease will be in Pierce County,
Washington.
IN wri—NESS WI IERE01'. the parties hereto have hereunto subscribed their names.
CITY OF PORT ORCHARD
PORT ORCHARD POLICE, DEPARTMENT
(signature)
Print Name: Rob Putaansuu
STATE OF WASHINGTON
MILITARY DEPARTMENT
XL -,—
(signature)
Print Name: Mai. Gen. Gent Welsh
Title: Mayor ol' Port Orchard Title: The Adjutant General
Date: <_(� Date: �{ ( �,
BOILERPLATE APPROVED AS TO FORM
Alex Straub (signature on file 1 1/7/2024)
Assistant Attorney Generale
Port Orchard PI) Page 9 of' 10 MIL# LX25-005
State of'
ss.
c -
C011llty of )
Oil this day of ��_ �1�� .20 _
before me personally appeared Rob Putaansuu to nlc known to be the Mayor of the City of Port
Orchard that executed the within and foregoing instrument and acknowledged the said instrument
to be the fine and voluntary act and deed of said agency, for the uses and pul-poses therein
mentioned, and oi> ypth stated that he was authorized to execute said instrument..
0
Benin fo n- ary Publi in and for the States Washington,
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_!MYAppointme Yd Z_ eliding at -
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State of' v'A )
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On this I
fr day of #/W/z .202,
before nle personally appeared Mai. Gen. Gent Welsh to nle known to be the Adjutant General of'
the Washington State Military Department that executed the within and foregoing instrument and
acknowledged the said instrtunent to be the fi•ee and voluntary act and deed of said agency, for the
uses and purposes therein mentioned, and on oath stated that he was authorized to execute said
instrument.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
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NOTARY
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Notary I'ublic in and I'or the State of Washington,
Residing at s0/!C no
My conitllission expires 0 3— V- Z%
Port Orchard PD Page 10 of 10 MILO LX25-005