Full Text
LEASE THIS LEASE is entered into on the n day of /1At::i rei--.- ,2008 between the City of Pasco, Washington, a municipal corporation, hereinafter referred to as "Lessor", and ARAMARK Corporation, hereinafter referred to as "Lessee". In consideration ofthe mutual covenants contained herein it is agreed as follows: 1. Property Leased: The Lessor does hereby lease to the Lessee a space within the City of Pasco Senior Citizens Center located at 1315 North 7th Street, Pasco, Washington 99301 consisting of the following: Kitchen facility and adjacent storage of approximately 630 square feet. Upstairs storage area of approximately 320 square feet, and hallway storage. Non-exclusive use of the restrooms. Access to loading docks. Lessee's use ofthe kitchen facility shall be exclusive provided, that Lessor may schedule occasional use of the kitchen which does not conflict with Lessee's use. Lessor's occasional use of the kitchen shall be consistent with the schedule in the attached Exhibit The real property upon which the Senior Citizen Center is located is legally described as follows: See Legal Description described as Exhibit attached hereto and incorporated herein by reference. 2. Term: The term of this Lease shall commence on the 1st day of April, 2008, and terminate at midnight on the 31st day of March, 2011. Either party may terminate this lease without cause upon 6 months advanced written notice to the other. 3. Rent: The Lessee agrees to pay the sum of$16,824.48 per year, and subject to adjustments as provided below, to be paid on the first day of each month, in advance at the rate of $1,402.04 per month. The application of the total rent is for the following: $7,200 Rent of space $924.48 Leasehold excise tax on space rent (12.84%) * $8,700 Utilities $16,824.48 Total Rent * Lessee shall pay to Lessor and Lessor shall remit to the State of Washington, the amount listed herein for leasehold excise tax. 3.1 Beginning in April 2009 and for each year thereafter, the amount payable for total rent may be adjusted, upon agreement of the lessor and lessee, by an amount not to exceed the rate of change in the consumer price index (CPI-W Band C Cities). ---PAGE BREAK--- • 4. Utilities: Lessor shall pay for water, sewer, garbage, heating and electrical expenses, except for the 58,700 cited in Section 3(c) above. 5. Damage or Destruction to Premises: If the Premises are destroyed or rendered untenantable by fire, flood, the elements, an act of God, or other causes beyond the control of the Lessor and the cost of repairs, in the judgment ofthe Lessor, shall not be justified, then the Lessor shall have the option to terminate this Lease or repair the premises. 5.1 The Lessor shall give the Lessee written notice of the Lessor's election within thirty (30) days from the date of said damage. In the event the Lessor elects to repair or rebuild, the Lease shall not be affected except that, during the term of making such repairs, the rent shall be reduced in proportion to the loss of time of occupancy and/or the amount ofthe leased premises rendered unfit for occupancy. Lessor agrees to begin such repairs without delay and to complete the same with all reasonable speed. 5.2 In the event such damage is so extensive that the said repairs carmot be completed within sixty (60) days from the date of the damage, or in the event repairs are not completed within sixty (60) days from the date of the damage, Lessee may terminate the Lease. 5.3 No action for damages shall accrue to either party by virtue of said loss or occupancy or termination of this Lease. 6. Waiver of Breach: Any waiver, express or implied, by either party of any breach by the other of any of the covenants of this Lease shall not be a waiver of any subsequent breach ofthe same or any other covenant. 7. Inspection of Premises: The Lessor reserves the right to enter the premises during the Lessee's business hours for the purpose of inspecting the premises and for making any repairs to said premises or the adjacent premises. The Lessor may enter the premises at any time in case of emergency. 8. Maintenance: Lessor shall maintain the premises including all repairs. Lessee shall be responsible for cleaning ofthe kitchen facility after each day's use. Lessor shall be responsible for cleaning of the kitchen and to repair or replace any lost or damaged equipment, inventory or supplies after any of its scheduled uses. Lessee shall be responsible for the expense of cleaning the grease trap, if required more than twice per year. 9. Use of Premises: Lessee shall use the premises solely for the use of preparing the Meals on Wheels meals. Lessee agrees to conform to municipal, county and state codes, statutes, ordinances and regulations concerning the use and occupation of said premises. 10. Unspecified Additions and Improvements: Lessee shall not make any additions or improvements to the premises except upon written consent of the Lessor, which consent shall set out which party shall be responsible for payment of such improvements. Fixtures which the Lessee may install in the premises may be removed by Lessee; provided, that Lessee shall restore the premises to the same condition as the premises were in prior to the installation of any such fixtures, ordinary wear excepted. ---PAGE BREAK--- 11. Assignments and Subleasing: Lessee shall not assign this lease nor sublet the said premises or any part thereof without prior written consent ofthe Lessor. In the event that Lessee assigns or subleases the leased property pursuant to this section, Lessee shall remain primarily liable for the covenants contained herein. 12. Surrender of Premises: At the termination ofthis Lease, the Lessee shall surrender the said premises to the Lessor in as good condition as the premises were at the time of commencement, reasonable wear expected. 13. Default: Time is of the essence. Failure to pay rent shall constitute a default. Other than the payment of rent, in the event that either party shall breach any condition of this Lease, and if such default or violation shall not be remedied within thirty (30) days after written notice thereof specifying the matter claimed to be in default, the other party, at its option, may immediately terminate this Lease. 14. Liens and Encumbrances: Lessee shall not allow any liens or encumbrances arising out ofthe use of the occupancy of the premises by Lessee to attach to the property. 15. Indemnification / Hold Harmless - Lessee: Lessee shall defend, indemnify and hold harmless the Lessor, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Lessee's use of Premises, or from the conduct of Lessee's business, or from any activity, work or thing done, permitted, or suffered by Lessee in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the Lessor. 16. Indemnification/Hold Harmless - Lessor: Lessor shall defend, indemnify and hold harmless the Lessee, its officers, officials, employees and volunteers from and against any and all claims, suits, actions or liabilities for injury or death of any person, or for loss or damage to property, which arises out ofthe acts of omissions of Lessor, its officers, agents, employees or volunteers at the Premises, except to the extent such injury or damage as shall have been occasioned by the negligence of the Lessee. 17. Insurance: The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased Premises. A. Minimum Scope of Insurance Lessee shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The Lessor shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. Property insurance shall be written on an all risk basis. B. Minimum Amounts of Insurance Lessee shall maintain the following insurance limits: ---PAGE BREAK--- • I I. Commercial General Liability insurance shall be written with limits no less than Sl,OOO,OOOeach occurrence, $2,000,000 general aggregate. 2. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: I. The Lessee's insurance coverage shall be primarily insurance as respect the Lessor. Any Insurance, self-insurance, or insurance pool coverage maintained by the Lessor shall be excess of the Lessee's insurance and shall not contribute with it. 2. The Lessee's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Lessor. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Lessee shall furnish the Lessor with original certificates and a copy ofthe amendatory endorsements, including but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Lessee. F. Waiver of Subrogation Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. G. Lessor's Property Insurance Lessor shall purchase and maintain during the term of the lease all-risk property insurance covering the building for its full replacement value without any coinsurance provisions. 18. Governing Law: This Lease shall be governed and construed in accordance with the laws of the State of Washington. 19. Venue: The venue for any action for breach, enforcement or interpretation ofthis Agreement shall be in the Franklin County, Washington, and the prevailing party shall be entitled to its reasonable attorneys' fees and costs as additional judgment. 20. Terms and Conditions: Terms and conditions may be amended by mutual written agreement. 21. Notices: All notice hereunder may be delivered or mailed. If mailed, they shall be sent certified or registered mail to the following respective addresses: ---PAGE BREAK--- Lessor: City Manager City of Pasco PO Box 293 Pasco WA 99301 Lessee: ARAMARK Correctional Services, LLC Atten: 2010 Main St., Ste 120 Irving CA 92614 In witness hereof the signatories below are authorized on behalf ofthe agencies that are parties to this agreement to sign this agreement in the day and the year first written above. _C.:::IT~Yr..0l.-CF:.Ll..PA ....c.SC60&II~ r ~v :b~~CES'LLC By: Tim Campbell Title: President STATE OF WASHINGTON ) ) ss. County of Franklin ) On this day personally appeared before me, JOYCE OLSON, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. SUBSCRIBED and SWORN to before me this day of&r~ ,2008. ---PAGE BREAK--- STATE OF_"-P-",enn"""sCLy,-,lv-"a""m,,,o a~ ) ) ss. County of Philadelphia ) On this day personally appeared before me, CIli!1t2he II , to me known to be the individual described in and who executed the within and foregoing mstrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes thereinmentioned. 'tiL ' . ~ SUBSCRIBED and SWORN to before me this ,:3q day of Fe " ,2008. " . Notary Public in and for the Sta of - residing at II dt' h i4 My Commission expires: J i.J,~a Dil HOfAIIw. _ J / DONNA A IIAJJlM _ tfoIar, My C crrv.~ COlINIY ~Hlon '1IpIt•• May 16, 2011 ---PAGE BREAK--- , . Pasco Senior Center Legal Description Attachment A West 350 feet more or less of Block 7 Sylvester's 2nd Addition ---PAGE BREAK--- " , EXHIBIT Date Time Function Comments 1st Monday of each Meal Prep month Aramark and Aramark and and Meals on Wheels Monday - Friday 5:30 am - 1:00 pm Meals on Wheels Do not use Kitchen Fourth Friday of Senior Association Light Kitchen use each month 2:00 pm -11:00 pm Potluck Multi-Pu rpose Room Use Senior Association Occasional Saturday time will vary Special EvenUDance Dates will vary Dates will vary City of Pasco Kitchen use Occasional Weekday time will vary Employee Luncheon MUlti-purpose Room Use Dates will vary Occasional Weekday Light· Heavy Kitchen use and Weekend time will vary Special Event I Rental Multi·purpose Room Use City of Pasco Dates will vary Pasco Senior Center Heavy Kitchen use Occasional Weekend time will vary Special Events Multi-purpose Room Use Senior Association Date will vary by year February 14th 1:00pm-? Dinner/Dance Kitchen use City of Pasco Date will vary by year April or May 1:00 pm -10:00 pm Volunteer Reception Heavy Kitchen use Senior Association June time will vary Fundraiser I Festival Kitchen Use Dates will vary Heavy Kitchen use Heavy Multi-purpose room June time will vary PHS Graduation Party use Dates will vary Senior Association Heavy Kitchen use New Years Eve Heavy Multi-purpose room December 31st 5 pm to 12 midnight Dinner I Dance use Senior Center staff uses the kitchen to prepare coffee and other items needed for various events held at the center through the year, meetings, conferences, special events, etc. This is can be done at any time of the day. Prior knowledge of an event will be given jf schedules conflict. Saturdays are now available for the Pasco Senior Center to rent out to private and public entities. Kitchen will occasionally rent out for light, moderate or heavy use. A kitchen supervisor will be present for any moderate or heavy use. REGULAR KITCHEN USE PASCO SENIOR CENTER