HomeMy WebLinkAboutLease LAG-14-001
CEDAR RIVER BOATHOUSE AGREEMENT
THIS AGREEMENT ("Agreement") is made as of this 15t day of March, 2014 (the "Effective Date") by and
between the City of Renton ("Renton"), a noncharter code city under RCW 35A, and a municipal
corporation under the laws of the State of Washington, and The George Pocock Rowing Foundation,
referred to as "Lessee", for the purpose of Lessee operating rowing club and paddle craft rental
business at the Cedar River Boathouse. Renton and Lessee are at times collectively referred to as
"Parties" and for the full mutual consideration detailed below, the Parties agree:
A. DEFINTIONS:
1. "Laws" shall mean all applicable federal, state or municipal statutes, ordinances,
guidelines, directives, policies, regulations, rules, and code requirements.
2. "Net" shall mean the value preceding or accruing from the sale of goods, food, services
and business transactions of every kind occurring on the Premises without any
deductions for cost of products sold, material used, labor or other expenses whatsoever
paid or accrued. It excludes monies collected for Washington state sales taxes from the
purchaser of food, goods, and services.
3. "Premises" shall mean the real property, including any structures or appurtenances
owned, leased and/or controlled by the City of Renton known as the Cedar River
Boathouse at insert address.
4. "Term" shall mean the period of time the Lessee is authorized to utilize the Premises as
detailed in Section C.
B. GRANT OF LEASE: PREMISES
1. Renton grants to Lessee, for and upon the conditions and provisions provided in this
Agreement, the exclusive Lease, right and privilege to manage and operate a rowing
club and paddle craft rental business at the Cedar River Boathouse, as depicted on
Exhibits A, B, C, D, and E which are attached and fully incorporated into this Agreement
by reference.
2. The specified Premises shall include and be limited to:
a. The Cedar River Boathouse is located on a concrete slab on pilings. The facility
has a total enclosed floor area of 3,128 square feet with an additional mezzanine
of 1,292 square feet as show on attached Exhibit A.
b. An agreed-upon amount of parking/parking area.
3. All of which facilities and/or grounds shall be referred to as "Premises."
4. Lessee shall not use the Premises for any other purpose without the prior written
consent of Renton, which may be withheld for any reason.
5. Lessee has either examined the Premises or has waived examining the Premises and
accepts the Premises as is, in its present condition as part of the consideration of this
Agreement, and Lessee accepts all related liabilities and risks related to use of the
Premises.
6. Lessee shall not use the Premises, the adjacent right-of-way, or access areas in any way
that interferes with Renton's use of the property to city purposes. Similarly, other than
for the use provided for in this Agreement, Renton shall not unreasonably use, or permit
its agents, employees, representatives, tenants, or volunteers use any portion of the
Premises in any way that materially interferes with Lessee's operations that are
authorized by this Agreement.
C. TERM
This Agreement shall exist for a period of five (5) years from the Effective Date ("Initial Term"),
and with both Parties' written approval this Agreement may be extended for an additional one-
year (1) period ("Extension" or Extension Term"). If the Parties mutually agree then this Term
shall be automatically extended unless either party provides written notice to the other at least
six (6) months prior to the expiration of either the Initial Term or any expiration of any
Extension. The Initial Term and any Extension or Extension Term may be referred to collectively
as "Term."
D. CONSIDERATION
1. The Parties mutually and voluntarily agree that the Lease rights and privileges for the
term specified in Section C are given in exchange for Lessee's agreement to the
following:
a. Lessee may/will provide certain services to the public consistent with this
Agreement.
b. Lessee's payment to Renton shall be on the following schedule:
1. The first year's rent will be $12,500.00, payable as eleven equal
monthly payments of $1,000 and a twelfth monthly payment of
$1500.00. All payments are due on the 10th of the month.
2. The second year's rent will be $16,250.00, payable as eleven equal
monthly payments of $°.350.00 and a twelfth monthly payment of
$1400.
3. The third year's rent will be $20,000.00, payable as eleven equal
monthly payments of $1700.00 and a twelfth monthly payment of
$1300.00.
4. For each subsequent year, the rent shall increase by 3%, payable as
eleven equal monthly payments of$1700.00 and a twelfth monthly
payment of the balance of the annual rent due.
Lessee will also be responsible for payment of State Leasehold Excise Tax of
12.84%. However, lessee may obtain, on an annual basis, a non-profit excise tax
exemption certificate from the Department of Revenue, and as long as this
certification is provided to the City and in force, lessee will be exempted from
paying the excise tax.
Renton's receipt or acceptance of any Payment, Rent or Consideration, with
knowledge of Lessee's breach of this Agreement or Lessee's default that is
related to this Agreement or impacts this Agreement shall not constitute or be
deemed a waiver of any provision of this Agreement.
c. If after the end of the Initial Term or any Extension Term, Lessee continues to
use the Premises without entering into a new lease with Renton, and/or Renton
has not sent Lessee written notice to terminate or not renew the Agreement,
Lessee shall become owe Renton any Rent on a month-to-month basis on the
same terms and conditions of this Agreement, and any new terms required by
Renton, and pay monthly Rent in an amount equal to One Hundred Twenty Five
Percent (125%) of the prevailing monthly Rent which was payable during the
Term of this Agreement.
E. OPERATION AND SERVICES
1. Facilities: Lessee agrees to and shall operate and manage the Premises in accordance
with the following requirements:
a. Canoe, Kayak, and Stand-up Paddle Board Rentals per the Addendum attached
as Exhibit B.
b. Renton Rowing Center operated under the conditions contained in Exhibit C.
2. Lessee's Staff: An experienced on-site manager shall be selected and designated as the
Lessee's authorized representative who shall oversee all operations on the Premises and
transmit and receive communications to and from Renton. A designated Lessee
employee shall meet quarterly with a representative of Renton to discuss operational
concerns.
Lessee shall employ competent, courteous and efficient staff in numbers to
adequately serve its patrons. All Lessee staff members shall, while on duty, be equipped
with any apparatus or clothing that may be required by law, ordinance or regulation.
Lessee staff will be encouraged not to smoke within the vicinity of the Cedar River
Boathouse. In all aspects of employment, appearance, professional level, training, and
operation, Lessee shall, at a minimum, meet standards and requirements as set forth in
the proposal submitted to Renton and attached and fully incorporated by reference as
Exhibits B and C.
3. Deliveries: Deliveries to the Premises shall be made in early morning hours or late
afternoon hours to minimize the impact on park operations and pedestrian traffic.
4. Promotions/Advertising: All advertising shall require Renton's prior written approval. All
promotions must be coordinated with Renton's Community Services Department and
Lessor shall respond within five business days.
5. Signage: All graphics placed upon or affixed to any of the Premises shall be subject to
Renton's prior written approval and shall not include product or commercial advertising.
Lessee will follow all City sign codes, including A-frame signs.
Lessee shall submit detailed plans and secure any needed permits/approvals for all
exterior and interior signs. In all cases, signage shall be consistent in size, color,
lettering, and theme to regular park signage and specifications.
G. CAPITAL IMPROVEMENTS/REMODELING
1. Lessee shall, prior to commencing any alterations, improvements or construction,
submit to Renton in writing, plans for alterations, improvements, and construction along
with a breakdown of costs for such improvements.
2. All plans submitted require Renton's written approval prior to commencement of any
alteration, improvements, or construction. Renton agrees to promptly review said
plans, and if the alterations, improvements, and construction are acceptable, to
promptly approve the same, and the plans as approved shall be attached to an executed
copy of this Agreement and incorporated into this Agreement.
3. All work performed shall be done to Renton's satisfaction and shall be carried out in a
manner that minimizes impact upon the public's use of the park. Lessee shall comply
with all applicable Laws, and shall obtain and provide to Renton all required permits,
prior to commencing any construction on the Premises.
4. Renton may enter the Premises and inspect any capital improvement work at any time
to insure that such work is in accordance with the plans approved by Renton. In the
event any such work is not according to the Renton approved plans, Renton shall send a
Notice of Noncompliance to Lessee. If Lessee fails to make corrections within twenty
(20) calendar days after Lessee's receipt of such Notice of Noncompliance, Renton may
make whatever corrections are necessary to bring such work into compliance with the
approved plans, at Lessee's sole expense. Renton's failure to object to or correct
unapproved work shall not be a waiver of any right or remedy or an acceptance of the
deviation from approved plans.
5. Prior to commencement of any construction work, Lessee shall provide payment and
performance bonds, in Renton City Attorney approved forms, payable to Renton in full
and just value of such capital improvements, conditioned that all provisions of this
Agreement relating to capital improvements shall be faithfully performed by Lessee, or
the surety, if required.
6. Lessee shall furnish Renton with a complete set of reproducible 22x34 Mylar drawings
reflecting the final "as-built" condition of all capital improvements within thirty (30)
calendar days after completion of the construction. Lessee shall furnish to Renton
copies of all operating manuals, equipment brochures, paint schedules, and material
brochures for such improvements.
7. Lessee will use recycled products when feasible.
8. All permitted alterations, improvements, and construction shall become the Renton's
property upon termination or expiration of this Agreement and shall be installed solely
at Lessee's expense unless Renton expressly agrees in writing to contribute toward such
costs. Any unpermitted alteration, improvement or construction shall be repaired in full
and to the satisfaction of Renton, at Lessee's sole expense. Failure to repair shall result
in Lessee being responsible for the removal of the unpermitted alteration, improvement
or construction, and to return the facility to its previous condition to the satisfaction of
Renton, at Lessee's sole expense.
9. Prior to performing any construction work within, on or adjacent to the Premises, in
a
addition to obtaining Renton's written approval, Lessee shall secure all applicable
federal, state and municipal permits, licenses, and proof of agency. To the extent
authorized by law, Renton agrees to cooperate with Lessee, at no cost to Renton and
with all costs to be borne by Lessee, in the submission and/or processing of any
applications and/or processing of such applications; agrees to execute lawful documents
as required; and agrees to take no unreasonable action that will inhibit, impede or delay
Lessee's ability to obtain the abovementioned permits, licenses and proof of agency.
H. UTILITIES
At the present time, Electrical power, water and sewer service are provided via the Boeing
utility grid. Telephone service is provided via the City's IT services, and Garbage collection is
provided by Waste Management.
Lessee shall be solely responsible for obtaining, retaining, maintaining, and paying for any
utilities and/or utility installations. The City shall not be held responsible for any changes in the
provision of electrical, water and sewer services. Le:see shall be solely responsible for payment
of all utility charges and any related penalties and fees. At the end of the Term, the installed
utility hardware shall be the property of the City of Renton unless owned by the utility or unless
the Parties reach a written agreement detailing another resolution or disposition of the
installed utility hardware.
Renton shall not be liable for any damages to any person, property, or monetary, nor shall
Lessee be relieved from any of its obligations under this Agreement, as a direct or indirect
result of temporary interruption in the electrical power provided to the Premises, unless
Renton intent to cause such interruption caused the temporary interruption.
At its sole expense, Lessee may install a backup generator in a location and manner that Renton
approves, in order to provide electrical service during emergency situations where electrical
power is not available. Renton may deny approval of such a backup generator for any reason.
TAXES- FEES
Lessee agrees to pay all taxes and assessments which are the result of Lessee's use of the
Premises and/or which may become a lien on Lessee's interest in accordance with RCW
79.44.010 (Lands subject to local assessments). Lessee shall timely pay all taxes, fees, charges,
and costs arising out of the use and occupancy of the Premises including, but not limited to,
charges imposed for governmental inspections or examinations, license and excise fees, taxes
on Premises personal property, workers' compensation and/or insurance and the leasehold
interest created by this Agreement.
J. CUSTODIAL MAINTENANCE OF PREMISES
1. Lessee shall be solely responsible for, at all times:
a. Keeping the Premises and adjacent area in a very neat, clean, safe and sanitary
condition;
b. Keeping the glass of all windows and doors clean and presentable;
c. Furnishing all pre-approved cleaning supplies, materials and equipment needed
to operate the Premises in the manner prescribed in this Agreement and
d. Providing all necessary janitorial service to adequately maintain the Premises on
the frequency schedule attached as Exhibit D.
2. With two-day advance notice, Renton may conduct periodic inspections of the buildings
and grounds and shall notify Lessee in writing to make changes in maintenance methods
or to make immediate repairs to areas affected by unacceptable maintenance methods.
Lessee shall make changes or repairs as reasonably directed by the city staff.
3. Renton's right to inspect the Premises and any work, changes, alterations or
improvements, made by Lessee shall not impose an obligation upon Renton to make
inspections of Lessee's work, changes, alterations or improvements and does not relieve
Lessee of the sole liability related to the Premises and sole responsibility of satisfying
Laws and/or making any related payments, or satisfying any related fees, fines, or costs.
4. Lessee is required to contract with a qualified pest control company to control the
rodent population around the Premises and below the decks. Lessee may provide for
janitorial services by contract with a third-party, which shall be subject to this
Agreement and the prior written approval of Renton. All related expenses are solely the
Lessee's responsibility.
5. Lessor will provide all preventive and normal maintenance and upkeep on HVAC
equipment. Lessee shall be solely responsible for all plumbing fixtures and repairs
including hot water heaters, drain maintenance, and any upgrades needed by current
codes. Lessee shall provide all maintenance on Premises doors and door hardware
including locks.
6. Lessee must notify Renton and obtain Renton's written approval before installing any
new equipment, fixtures, other improvements, or making any material changes in the
equipment, size or design of any such equipment in or on the Premises that requires a
building permit by City code. Absent the need for a building permit, Lessee is exempted
from this provision for changes up to a value of $5,000. Any change that alters the
exterior appearance of the building requires Renton's prior written approval.
K. EQUALITY OF TREATMENT
Lessee shall conduct its business in a manner that ensures fair, equal and non-discriminatory
treatment at all times in all respects to all persons without regard to race, color, religion, sex,
sexual orientation, marital status, age or national origin. No person shall be refused service, be
shown discriminatory treatment, or be denied any privilege, use of facilities, or participation in
activities on the Premises based on: race, color, religion, sex, sexual orientation, marital status,
age, or national origin. Failure to comply with any of the terms of this provision shall be a
material breach of this Agreement.
L. NON-DISCRIMINATION
Lessee shall comply with all applicable Laws regard ng non-discrimination in employment, the
provision of services to the public in a non-discriminatory manner, and affirmative action,
including but not limited to the provisions of the Renton Fair Practices Policy as attached
(Exhibit E) and fully incorporated by reference into this Agreement.
The Boathouse complies with ADA requirements. In operation of the Boathouse, Lessee shall
comply with all provisions of the Americans with Disabilities Act. Lessee is solely responsible for
any structural changes required by the Act.
M. INSURANCE
1. Lessee's Insurance. Lessee shall secure and maintain the following insurance policies,
and shall not cancel or suspend the insurance policies identified below, except after
twenty (20) calendar day's prior written notice by certified-mail to the City of Renton:
a. Commercial General Liability Insurance: Commercial general liability insurance in
the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate
throughout the duration of this Agreement.
b. Workers' Compensation: Workers' compensation coverage, as required by the
RCW 51, Industrial Insurance laws of the State of Washington.
c. Renton as an Additional-Insured: It is agreed that on Lessee's commercial
general liability policy, the City of Renton will be named as an Additional-Insured
on a primary and non-contributory basis. Any coverage maintained by the City
of Renton is solely for the coverage and benefit of Renton, and its elected
officials, officers, agents, employees, representatives and volunteers.
d. Verification of Coverage: Subject to Renton's review and acceptance, a
certificate of insurance showing the proper endorsements, shall be delivered to
Renton before executing the work of this Agreement.
2. Review of Policy: Upon request, the Lessee shall give Renton a full copy of the
insurance policy for its records and for the Renton City Attorney's or Risk Manager's
review.The policy limits may be reviewed and the value reassessed annually.
3. Termination: Notwithstanding any other provision of this Agreement, the failure of the
Lessee to comply with the above provisions of this section shall subject this Agreement
to immediate termination without notice to any person in order to protect the public
interest.
N. INDEMNIFICATION/HOLD HARMLESS
Lessee agrees and covenants to hold and save Renton, its elected officials, officers, agents,
representatives, and employees and volunteers harmless and to promptly indemnify same from
and against any and all claims, actions, damages, Lessee's illegal conduct/violations of Laws,
liability of every type and nature including all costs and legal expenses to the extent incurred by
reason of the negligent acts or omissions of Lessee, including loss of life, personal injury and/or
damage to property arising from or out of any occurrence, omission or activity upon, on or
about the premises. This hold harmless and indemnification provision shall likewise apply for or
on account of any patented or unpatented invention, process, article or appliance
manufactured for use in the performance of the Agreement, including its use by Renton, unless
otherwise specifically provided for in this Agreement.
The Lessee agrees to name Renton as an Additional-Insured on a noncontributory primary
basis. In the event Renton shall, without fault on its part, be made a party to any litigation
commenced by or against Lessee, then Lessee shall proceed and hold Renton harmless and he
shall pay all costs, expenses and reasonable attorney's fees incurred or paid by Renton in
connection with such litigation. Furthermore, Lessee agrees to pay all costs, expenses and
reasonable attorneys' fees that Renton may incur or pay in the enforcement of any of the
covenants, provisions and agreements.
Nothing in this Agreement shall require the Lessee to indemnify Renton against and hold
harmless Renton, from claims, demands or suits based solely upon the conduct of Renton, its
elected officials, officers, and employees and provided further that if claims or suits are caused
by or result from the concurrent negligence of (a) the Lessee's agents or employees and (b)
Renton, its elected officials, officers, and employees, and involves those actions covered by
RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate or relative to a motor carrier transportation contract), this indemnity provision with
respect to claims or suits based upon such concurrent negligence shall be valid and enforceable
only to the extent of the Lessee's negligence or the negligence of the Lessee's agents or
employees.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate or relative to a motor carrier transportation contract) then, in the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting
from the concurrent negligence of the Lessee and Renton, its elected officials, officers,
employees, agents, representatives and volunteers, the Lessee's liability under this Agreement
shall be only to the extent of the Lessee's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitute the Lessee's waiver of
immunity under RCW 51, the Industrial Insurance Act, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the Parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
0. STANDARDS
Lessee recognizes that, although it is operating its facilities as an independent operator, Renton
is organized and exists for the purpose of maintaining park and recreation facilities for the use
and enjoyment of the general public. Lessee, its owners, principals, agents, employees and
volunteers shall devote their efforts toward rendering courteous service to the public as though
they were employees of Renton, with a view of add'ng to the enjoyment of the patrons of this
city-owned recreational facility and/or Premises.
Lessee shall operate and conduct the facilities on the Premises in a business-like manner, and
will not permit any acts or conduct on the part of the Lessee's owners, principals, agents,
employees and volunteers that would be detrimental to Renton's operation of the Cedar River
Trail Park.
P. CONTINUOUS OPERATION
Lessee shall keep the Premises open and use them to transact business with the public daily
during hours listed in Exhibits A and B of this Agreement. Subject to the prior written approval
of Renton, Lessee may close any portion or all of the Premises for a reasonable period for
repairs or remodeling, to accommodate the construction by Renton of public improvements,
provided that a written notice of such impending closure is posted in a conspicuous place on
the Premises for at least one (1) week immediately prior to the closure date. Lessee may close
any portion or all of the Premises in an emergency without the approval of Renton, but is must
provide notice to Renton at the earliest reasonable opportunity. Renton reserves and retains
the right to close Lessee's operation for its convenience upon written notice of not less than
thirty (30) business days and to close any portion or all of the Premises immediately in case of
an emergency.
Q. COMPLIANCE WITH LAWS
Lessee shall comply with all applicable Laws, as previously defined in Section A.1. Lessee shall
not use the Premises to any illegal purpose or to violate any Law; Lessee shall not create or
allow any nuisance or hazardous materials on the Premises; Lessee shall not permit or do any
act on the Premises that would increase the rate of insurance on or for the Premises; and
Lessee shall not damage or overload the structural components of any structure, fixture, or part
the Premises.
The provisions of this section shall survive the expiration or termination of this Agreement.
R. UNUSABILITY
Either party may terminate this Agreement in the event that all or a substantial portion of the
Premises is rendered unusable by an Act of God, fire, flood, earthquake, act of war or other
extraordinary casualty destroying or damaging the Premises by notice given the other party
within thirty (30) calendar days after such conditions are discovered. Neither party shall be
required to restore or reconstruct the Premises. During any period of Premises use subsequent
to said thirty (30) calendar days, the annual payment payable under Section D shall be reduced
by the ratio that the area rendered unusable by such extraordinary casualty and not
reconstructed or repaired bears to the total area of the Premises.
S. SURRENDER OF PREMISES AND REMOVAL OF LESSEE'S PROPERTY
1. Upon termination or expiration of this Agreement, Lessee shall surrender the Premises
to Renton and promptly surrender and deliver to Renton all keys, passwords or
passcodes that it may have to all parts of the Premises.
2. The Premises shall be surrendered to Renton in as good a condition as at the date of
execution of this Agreement, except for the effects of reasonable wear and tear,
alterations, and repairs made with concurrerce of Renton, and property damage by fire
and other perils insured in contracts or policies of all risk insurance.
3. Prior to the expiration of this Agreement, Lessee shall remove from the Premises, at its
sole expense, all fixtures, equipment, furnishings, and other personal property owned
and placed in or on the Premises by Lessee.
4. If after termination or expiration of this Agreement, Lessee has not removed its
property and fixtures within the time allowed, Renton may, but need not, remove said
personal property and hold it for the owners, or place the same in storage, all at the
expense and risk of the owners, and Lessee shall reimburse Renton for any expense
incurred by Renton in connection with such removal and storage. Renton shall have the
right to sell such stored property, without notice to Lessee, after it has been stored for a
period of thirty (30) calendar days or more; the proceeds of such sale to be applied first
to the cost of sale, second to the payment of charges for storage, and third to the
payment of any other amounts which may then be due from Lessee to Renton, and the
balance, if any and if requested, shall be given to Lessee.
T. TERMINATION
1. Waiver or acceptance by Renton of any default by Lessee of the terms of this
Agreement shall not constitute or be deemed as a release of Lessee's responsibility
for any prior or subsequent default.
2. Renton shall have the right to terminate this Agreement immediately, after five (5)
calendar days written notice, if a receiver is appointed to take possession of Lessee's
assets, Lessee makes a general assignment for the benefit of creditors, or Lessee
becomes insolvent or takes action under the Bankruptcy Act.
3. Renton shall have the right to terminate this Agreement, upon thirty (30) calendar days
written notice to Lessee, without penalty or further liability to Renton, upon the
occurrence of any of the following events:
Renton reasonably determines that Lessee's exercise of its rights under this
Agreement unreasonably interfere with Renton's use of the Premises and/or
the structures on the Premises for the lawful municipal purposes for which
Renton owns and administers such structures/site.
ii. Renton reasonably determines that Lessee's exercise of its rights under this
Agreement unreasonably interferes with the use of the Premises or structures
thereon by a governmental agency with which Renton has an agreement to
provide services to Renton.
iii. Lessee breaches any material term or covenant of this Agreement.
iv. The Premises is destroyed or damaged so as to substantially and adversely
affect the effective use by Lessee for Lessee's equipment, subject to the
Lessee's determination (within ten 10 calendar days) of whether the equipment
can be restored or rebuilt. Lessee shall have the option of installing a temporary
facility while Lessee makes that determination. Such facility shall be subject to
prior review by Renton and shall conform to all Laws by any regulatory agency
or governmental entity with jurisdiction in the matter. Payment of the
monthly rent shall continue throughout the evaluation and temporary
installation period.
4. Lessee may terminate this Agreement without penalty of further liability as follows:
The approval or consent of any governmental authority necessary for the
construction and/or operation Lessee's business is withheld, revoked or
terminated, or Lessee determines, in its sole discretion, that the cost of
obtaining or retaining such approval is cost prohibitive; or
ii. Renton breaches any material term or provision of this Agreement.
5. Upon termination under this section, neither party will owe the other any further
obligation provided that Lessee is not in arrears in making its monthly Rent payments
provided however that Lessee shall remove its equipment and restore the site.
U. ENTRY
Renton's representative(s) may enter the Premises during normal operating hours for the
purpose of inspecting or repairing the same except in the case of emergency, but this right shall
impose no obligation upon Renton to make inspections to ascertain the condition of the
Premises in addition to Renton's responsibility to conduct annual inspections and shall impose
no liability or responsibility other than to inform Lessee of any defect.
V. LIENS AND ENCUMBRANCES
Lessee shall not have or allow any liens or encumbrances on the Premises. At Renton's request,
Lessee shall furnish Renton written proof of payment of any item which would or might
constitute the basis for such a lien on the Premises if not paid.
W. ACCESS TO BOOKS AND RECORDS: CASH REGISTERS
Renton, during business hours, shall have the right to examine and inspect the books and
records of Lessee related to or connected with the business conducted upon the Premises to
determine compliance with this Agreement's provisions. Lessee shall record all sales in a type of
cash register that contains a tape or device that records and identifies the date, type of sale,
and the amount of each transaction; that is equipped with a cumulative, non-alterable
accounting control mechanism; and that is subject to approval by Renton's Finance
Department. Lessee shall also submit quarterly operating reports, which will detail sales, cost
of sales, wages/benefits, operating expenses, administrative expenses, internal corporate
payments, and depreciation/amortization.
X. AMENDMENTS
Except as is specifically provided for in this Agreement, this Lease shall not be amended or
changed except by written instrument signed by both Parties.
Y. ASSIGNMENT OF AGREEMENT
Lessee shall not assign or transfer this Agreement or otherwise convey any right, privilege or
interest granted by this Agreement or any part of the Premises without Renton's prior written
consent. This Agreement and any right, privilege, or interest derived from this Agreement shall
not be transferable by operation of law, by any process, or by any court proceedings.
Lessee shall not-sub-lease or co-habitat businesses or other enterprises in or on the Premises
without prior written approval of the City of Renton.
Z. EXECUTED IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be an
original, but all of which together shall constitute but one instrument.
AA. GOVERNED BY LAWS OF STATE OF WASHINGTON; INVALIDITY OF PROVISIONS
This Agreement shall be governed by the laws of the State of Washington. If any term or
provision of this Agreement or application of this Agreement shall to any extent be invalid or
unenforceable, the remainder of this Agreement shall not be affected and shall remain valid
and enforced to the fullest extent permitted by law.
BB. DEFAULT OF FAILURE OF CONSIDERATION
Renton may terminate this Agreement and take immediate possession of the Premises in the
event that Lessee failed to perform any of the covenants or conditions of this Agreement and
such default or deficiency in performance was not remedied by Lessee within thirty (30)
calendar days after receiving written notice stating the nature of the default or deficiency and
Renton's intention to terminate if not corrected.
CC. MODIFICATION
The Parties reserve the right to amend this Agreement as may be mutually agreed. No
amendment shall be effective unless signed by each party's authorized representatives.
DD. NON-APPLICABILITY OF RELOCATION BENEFITS
Lessee accepts and agrees that the signing of this Agreement does not entitle Lessee to
assistance under RCW 8.26, Relocation Assistance— Real Property Acquisition Policy.
EE. NOTICES
Except as otherwise designated in this Lease, all notices hereunder must be in writing and shall
be deemed valid given if sent by certified mail, return receipt requested, or overnight delivery,
addressed as follows or as otherwise specified by the City during the duration of this Lease:
City:
Mr. Peter Renner
City of Renton
Community Services
Facilities Director
1055 South Grady Way
Renton, Washington 98055
Lessee:
Matthew Lacey, Executive Director
George Pocock Rowing Foundation
3320 Fuhrman Ave E
Seattle, WA 98102
FF. PENALTY SECTION
1. There shall be a penalty for violation of this Agreement concerning the following:
a. Cleanliness of Premises
b. Cleanliness and presentability of staff(if a retail operation)
c. Experience of staff(ditto)
d. Signage
e. Repair of Premises
f. Failure to provide complete monthly financial information (ditto)
2. For each violation within a six-month period, the following penalties shall apply:
a. Written warning for first violation with reasonable time frame for corrective
action.
b. A $50.00 fine for second violation.
c. A$100.00 fine for third violation and each future violation.
3. Lessee may appeal any penalty to the Community Services Administrator or designee,
whose decision shall be final.
GG. VENUE
Lessee agrees that the venue of any action or suit concerning this Agreement shall be in the
King County Superior Court.
HH. MEMORANDUM OF LEASE AGREEMENT
The Parties shall enter into a short form Lease memorandum, in a form suitable for recording
under State of Washington law, referencing this Agreement, and all options pertaining to this
Agreement, which Lessee may, at its expense, file in King County, Washington.
IN WITNESS WHEREOF, Renton has caused this Agreement to be executed by its proper officers duly
authorized this .25'"` day of , 20 /,‘, and the Lessee has by the signature below
signed with the intent of making effective and legally binding.
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LESSEE:
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a2a4=1____:Secretary-Treasurer
STATE OF WASHINGTON )
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COUNTY OF KING )
On this mac- , day of net c , 20 1 Li before me personally appeared to me known to be
theAKdce& 8ovlo,ccocs, - G- , corporation that executed the foregoing instrument,
and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and
purposes mentioned in the Agreement.
WITNESS my hand and official seal the day and year in this certificate first above written.
.wry Public in and for the State of
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Washington, residing at Sew-ke �. AY J. 1 11
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THE CITY OF RENTON
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Denis Law, ,,Qji I,ptj "
Mayor ,▪ ''•
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On this a day of May, 2613-before me personally appeared 3` (-- s. I . A) , City of
Renton, who executed the foregoing instrument for the uses and purposes mentioned, and on oath
stated that he was authorized to execute said instrument.
WI E my h.nd : iff:ial seal the day and year in$jj,.5.certificate first above written.
Not y 'ub' and for the- t.te of ° ` ,� ` 'c.'''''` iL�-
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Exhibit A
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Exhibit B
Relative to public service provided
Types of services provided
The GPRF will provide a variety of rowing opportunities for youth and adults.
Described in greater detail below, members will have the opportunity to participate in:
Learn to Row classes, summer rowing camps, morning and afternoon coached practice
sessions, independent rowing sessions, and recreational and competitive rowing teams.
Members will also have the opportunity to participate in fitness and conditioning classes.
Learn to Row
Learn to Row classes are available to the public (no membership
requirement to participate). Participants of all ages will have the opportunity to
learn to row in a group setting. Learn to Row sessions will be instructed by
highly qualified coaches to ensure a safe and fun learning environment for all.
Youth Rowing Programs
Following Learn to Row, youth may continue rowing in a number of
recreational classes focused on skill development, team building, fitness and fun.
Youth who are interested in a more time-intensive rowing experience may join
the competitive youth rowing team, otherwise known as "junior rowing." Junior
rowing will be built around highly qualified and enthusiastic coaches with a high
coach to participant ratio. Our goals will be focused on learning proper rowing
technique, building teamwork and having fun. With these goals, we will develop
cohesive boys' and girls' teams that compete both locally and nationally.
Scholarships and Other Support
Youth who face barriers to participation in rowing may apply to receive
support through the GPRF's nationally recognized youth assistance program,
Rainier Valley Rowing (RVR). Available assistance includes: financial
scholarships for registration and regatta fees, swimming instruction, mentorship,
uniforms, training gear, and after-school snacks. No student will be turned away
for lack of funds. Additionally, youth who receive support through our assistance
program are also eligible to participate in enrichment activities focused on
nutrition education, life skills, job skills, and college access. Once admitted into
RVR, youth will have access to scholarships and other support until they
graduate from high school.
Adult Rowing Programs
After learning to row, adults can further pursue their development in
rowing by becoming a member of Renton Rowing Center. Membership provides
access to the equipment and ability to take part in the programming. Members
have the ability to access the equipment and fitness room on their own schedule
(excluding conflicts with youth programming).
The GPRF will offer multiple ways for adults to be involved in rowing.
Adult rowing is for all sizes, skills, and interests for everyone aged 19 and older.
Newer rowers will move on to our intermediates program focused on skill
development and small boat competency. Experienced rowers may participate
on the racing team or in other (to be developed) coached sessions.
Community Outreach
The GPRF will work with existing community organizations, businesses
and schools to ensure rowing programs are as accessible to the public as
possible. Community outreach will include free boathouse tours for youth, adults,
and families; low-cost after-school and summer camps; school field trips;
corporate team building; and fun indoor rowing challenges. The GPRF will also
pilot an adaptive rowing program for youth and adults who have a variety of
physical and intellectual disabilities.
Value of service
Obesity Prevention
Access to high quality physical activity and sports is more important now
than ever before. According to the Center for Disease Control, adult physical
inactivity is more common among women than men and African American and
Hispanic adults than Caucasians. The U.S. Department of Health and Human
Services has also shown that less affluent households are more likely to be
physically inactive—a major risk factor for obesity and a number of other poor
health outcomes—than more affluent households. Researchers from the
University of Washington looked at King County and found that the strongest
predictor of obesity for an individual is the median property value of one's zip
code2. Obesity and other poor health outcomes are also major risk factors for the
youth of King County with one in five students estimated as being obese or
overweight3. Youth from low-income households and youth of color are
disproportionately affected by obesity4. Compared to the east side of the county,
rates of unhealthy weight are 1.3 times higher in south King County.
Despite these statistics, there is often a lack of access to quality physical
activity, especially for youth. At first glance, rowing may seem like an odd
mechanism for inspiring individuals, specifically youth, to meet their potential.
However, the city of Renton – because of its proximity to vast waterways - is
uniquely poised to connect citizens to this transformative sport. Rowing is
considered one of the best total body workouts. Rowing involves every major
muscle group in the body providing an excellent vehicle for improving
cardiorespiratory endurance, muscular strength and endurance, flexibility, and
body composition. The basic mechanics of rowing are relatively easy making this
efficient, low-impact sport appealing to people of all ages and abilities.
'U.S.Department of Health and Human Services(1996).Physical Activity and Health:A Report of the Surgeon General.Atlanta,GA:U.S.
Department of Health and Human Services,Centers for Disease Control and Prevention,National Center for Chronic Disease Prevention and
Health Promotion.
2 Drewnowski,Adam,Colin D.Rehm,and David Solet."Disparities in obesity rates:analysis by ZIP code area."Social Science&Medicine
65.12(2007):2458+
3 Public Health Seattle&King County,Assessment Policy Development&Education.State Healthy Youth Survey(2011).
4 Financing Childhood Obesity Prevention Programs.The Finance Project.http://www.financeproject.org/publications/obesityprevention.pdf
Social, Emotional, and Community Development
The social and emotional benefits of rowing are boundless: a) often called
"the ultimate team sport," rowing is ideal for instilling notions of persistence,
resilience, and self-efficacy; b) because of its historical ties to Universities,
rowing is steeped in a college-going culture and rich educational networks; and
c) as one of the most physically demanding sport, rowing enhances lifelong
health and wellness.
This powerful sport and these myriad benefits are typically only available
to a small group of individuals. The underserved and at-risk youth who could
most benefit from rowing's power have historically faced significant barriers to
participation, including expensive program fees, lack of transportation, and lack
of comfort and familiarity with water sports. The GPRF's tried and tested,
collaborative approach will remove barriers to participation. Programs will be
inclusive and accessible for youth and help them develop the tools they need for
peak performance in school and life:
• Skills to support lifelong fitness and improved health;
• Communication, teamwork, and leadership skills;
• Connections with caring adult mentors who are focused on students'
holistic success;
• Increased awareness of post-secondary educational opportunities, and
• Connection to their community and urban environment through
appreciation of and access to natural resources.
Projected number of citizens served:
Number of participants
2014 2015 2016
Learn to Row 60 84 118
Junior Programming 30 42 59
Adult Membership 45 63 76
135 189 252
Hours of individual participation
2014 2015 2016
Learn to Row 360 504 706
Junior Programming 7800 10920 15288
Adult Membership 11250 15750 22050
19410 27174 38044
Exhibit C
Addendum
Canoe,Kayak,and Stand-up Paddle Board Rentals
Introduction
The GPRF values rowing and other boating recreation as a means of increasing water-
access and engaging citizens in fun,healthy activities. As such,the GPRF plans to
incorporate canoe,kayak,and stand-up paddleboard (SUP) rentals into the Renton Rowing
Center project as soon as possible.
Goals
1. Provide affordable,family-friendly water-based recreation opportunities to enhance
community participation,water-access,and boating-safety.
2. Expand Renton Rowing Center's recreational opportunities to include canoe,kayak,
and SUP.
3. Ensure Renton Rowing Center's long-term financial sustainability through revenue
generated from rentals.
Start-up Costs
The GPRF will phase in the incorporation of canoe,kayak,and SUP rentals over the next
two years.In 2014,the GPRF will spend approximately$25,700 on rental equipment,
which will accommodate up to 24 people on the water at one time.In 2015,the GPRF plans
to invest approximately$11,000 to expand the rental program,which will accommodate an
additional 12 people on the water. In 2014 and 2015 combined,we anticipate spending
approximately$25,000 on staff wages to accommodate anticipated usage and peak hours.
See Table 1 for details on start-up costs.
Table 1
Start-up Costs Year One and Two
2014 2015
Number Total Cost Number Total Cost
Staff 1 $10,000 1.5 $15,000
SUP's 8 $8,000.00 4 $4,000.00
Single Kayak 6 $4,800.00 2 $1,600.00
Double Kayak 3 $6,000.00 1 $2,000.00
Canoe 2 $1,600.00 1 $800.00
SUP paddles 12 $1,800.00 6 $900.00
Kayak paddles 14 $840.00 6 $360.00
Vests 30 $1,500.00 20 $1,000.00
Neoprene gear 5 $425.00 5 $425.00
Other 5 $750.00 5 $750.00
Total $35,715.00 $26,835.00
Hours of Operation and Usage
Canoe,kayak,and SUP rentals will be available to individuals and groups from April
through October each year.During peak season(June-August),the facility will be open
seven days per week for approximately nine hours per day(Table 2). We anticipate
approximately 1250 rentals during year one with annual rentals increasing every year
through 2017 (Table 3).
Table 2
Hours of Operation
Dates Open Last Boat Out Close
June 1-September 30 10:00am M-F; 6:30pm M-Sat; 8:00pm M-
9:00am Sat&Sun 4:30pm Sun Sat; 6:00pm
Sun
October 1-July 31 Some weekends TBA TBA
Table 3
Projected Number of Rentals
2014 2015 2016 2017
January-March 0 0 0 0
April 10 25 40 60
May 25 75 100 150
June 150 200 300 410
July 450 500 540 700
August 500 560 605 700
September 100 125 150 200
October 15 15 15 30
November-December 0 0 0 0
Total 1250 1500 1750 2250
Rental Fees
Canoe,kayak,and SUP daily rental fees are based on existing rental fee structures from
other local facilities.Year one fee structures for canoe,kayak,and SUP rentals are available
in Table 4.
Table 4
2014 Rental Fees
1st Hour After 1st Hour Full Day
Single Sea Kayak $18.50 $9.25 $69.00
Double Sea Kayak $25.00 $12.50 $94.00
Single Sit-On-Top $14.00 $7.00 $53.00
Double Sit-On-Top $16.00 $8.00 $60.00
Canoe $18.50 $9.25 $69.00
SUP $18.50 $9.25 $69.00
Dry Suit&Neoprene Booties $29.00 $29.00 $29.00
Exhibit D
Cedar River Boathouse Custodial Schedule
Daily
Remove all trash
Vacuum all carpet
Clean all entrance door glass
Police outside area by entrance for trash, debris, butts
Clean inner restrooms, mop floors
Clean office area
Wipe down tables and counters
Pick up debris
Spot clean all glass
Weekly
Remove stains on carpet from drinks and food
Dust all horizontal surfaces
Change out any burned out lights as needed
Spot clean walls
Wipe down door handles, light switches
Semi-Annually
Clean carpet and raise pile
Exhibit E
Renton Policy and Procedure Manual
340-03 FAIR PRACTICES
.4•.."`" 1.1— at 1 (V
POLICY & PROCEDI
Subject: Index: HUMAN RESOURCES
FAIR PRACTICES Number: 340-03 (supersedes 300-01)
Effective Date: Supersedes: Page: Staff Contact: Approved By:
2/15/2011 10/07/96 1 of 2 Nancy A. Carlson Denis Law
1.0 PURPOSE:
To establish guidelines for the promotion of fair practice and nondiscrimination in
activities relating to employment and treatment of all citizens.
2.0 ORGANIZATIONS AFFECTED:
All departments/divisions and City officials.
3.0 REFERENCES:
City Resolution #2340, issued July 10, 1972. Revised February 9, 1976; June 2, 1980;
and October 7, 1996.
4.0 POLICY:
The policy of the City of Renton is to promote and afford equal treatment and service to
all citizens and to assure equal employment opportunity to all persons regardless of
race; religion/creed; national origin; ancestry; sex; the presence of a physical, sensory,
or mental disability; age over 40; sexual orientation or gender identity; pregnancy;
HIV/AIDS and Hepatitis C status; use of a guide dog/service animal; marital status;
parental/family status; military status; or veteran's status. This policy shall be based on
the principles of equal employment opportunity as set forth in federal, state and local
laws. All departments of the City of Renton shall adhere to the following guidelines:
4.1 Employment Practices:
All activities relating to employment such as recruitment, selection, promotion,
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Renton Policy and Procedure Manual
termination, and training shall be conducted in a nondiscriminatory manner.
Personnel decisions will be based on individual performance, staffing
requirements, and in accord with governing Civil Service Laws and the
agreement between the City of Renton and the Washington State Council of
County and City Employees.
4.2 Cooperation with Human Rights Organizations:
The City of Renton will cooperate fully with all organizations and commissions
organized to promote fair practices and equal opportunity in employment.
4.3 Contractors'Obligation:
Contractors, subcontractors, and suppliers conducting business with the City of
Renton shall affirm and subscribe to the Fair Practices and Nondiscrimination
policies set forth by law.
4.4 Copies of this policy shall be distributed to all City employees, shall appear in all
operational documentation of the City, including bid calls, and shall be
prominently displayed in appropriate City facilities.
5.0 DEFINITIONS:
Not applicable.
6.0 PROCEDURE:
Not applicable.
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