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Home My WebLink About093-25 - South Kitsap Soccer Club - ContractDocusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B REAL PROPERTY LEASE AGREEMENT NO. 093-25 LESSOR: CITY OF PORT ORCHARD, a municipal corporation LESSEE: South Kitsap Soccer Club, SK United, Youth Non Profit Soccer club 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 South Kitsap Soccer Club, SK United, 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 7p.m., on Monday, Tuesday, Wednesday, and Thursday. 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 November 3, 2025 and end on April 9, 2026 pursuant to Section 3, or earlier terminated pursuant to Section 8. Section 3 - RENT The rent shall be one hundred dollars ($100.00) 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 April 9, 2026. 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. 3 Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B 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 ensuring that field areas are free and clear of all trash and debris during their use of the facilities during the duration of this lease. 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 any subsequent assignment. Any such assignments without such consent shall be void, and shall at the option of Lessor, terminate with this lease. 4 Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B 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. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 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. 5 Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B Section 14 — NOTICES Any notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 Email: Citvhall@portorchardw.gov Notices to the LESSEE shall be sent to the following address: South Kitsap Soccer Club Po Box 23 Port Orchard, WA 98366 Email: president cniesksoccer.com [SIGNATURE PAGE FOLLOWS] 6 Docusign Envelope ID: AEC4094E-6F08-4696-85F1-F1719A73006B IN WITNESS WHEREOF, the parties hereto have signed and sealed this lease the 12th day of August 2025. LESSOR: City of Port Orchard rSigned by: By:bl� Mi tsuu Robert Putaansuu, Mayor 1FOST/AUTHENTICATED: waLGt, 16A6.5 ICC DUO 118 Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Signed by: Charlette A. Archer, City Attorney LESSEE: South Kitsap Soccer Club, SK United Signature: Title: Presidt 7 �• • ••- I 1• • ••• , :'ter- -�■ t _ . I - .1 _ti Pa- - --. . - __ . I I II - II;'.. ..., I 1 • . .1 11� III J____. - ':"v Ir k.. - 1' ! "llui i � ti 1 1 '1P z � - - L• LLj�1I1 J r - -- - - :1: - I -: FL1