County Resolution 1 0739 Valley Mission ParkNO. 1 0'39
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF EXECUTING AN )
AGREEMENT BETWEEN SPOKANE )
COUNTY AND SPLASH -DOWN )
CONCESSIONS, INC. REGARDING ) RESOLUTION
LEASING A PARCEL OF PROPERTY )
FOR PARKING IN CONJUNCTION )
WITH ITS WATERSLIDE )
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County has the care of County property and the management of County
funds and business; and
WHEREAS, pursuant to the provisions of Spokane County Code Section 1.56.140 et seq.
the Board of County Commissioners may lease county -owned property; and
WHEREAS, Spokane County is the owner of a parcel of property adjacent to Mission
Avenue and the Valley Mission Park which parcel was purchased from Modem Electric Water
Company; and
WHEREAS, the Board of County Commissioners authorized execution of a Water Slide
Agreement with Splash -Down Concessions, Inc., pursuant to which Splash -Down Concessions
leased a portion of Valley Mission Park; and
WHEREAS, Splash -Down Concessions is required to have a certain number of parking
stalls in conjunction with its water -slide operations which number is set forth in CUE -5 -83. In
conjunction with this responsibility, Splash -Down leased a portion of that property which Spokane
County acquired from Modern Electric Water Company. Splash -Down desires to enter into a lease
agreement with Spokane County whereby can lease a portion of the property Spokane County
acquired from Modern Electric Water Company to meet its parking requirements under CUE -5 =93;
and
WHEREAS, Spokane County held a public hearing on August 7, 2001 at 5:00 p.m. to
consider executing a lease agreement with Splash -Down Concessions, Inc. pursuant to which the
County would lease to Splash -Down Concessions, Inc. a certain portion of that parcel of property
the County acquired from Modern Electric Water Company to be used by Splash -Down
Concessions, Inc. in conjunction with. its parking requirements under CUE -5 -83. At the public
hearing the Board considered the letter dated July 30, 2001 from William L. Bleanser ; and
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WHEREAS, after considering all written objections filed with the Board of County
Commissioners with regard to the lease, the Board feels that the best interests of the citizens of the
County will be met by executing a lease.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County
Commissioners of Spokane County, that either the Chairman of the .Board, or a majority of the
Board, be and is hereby authorized to execute that document entitled "LEASE AGREEMENT FOR
PARKING LOT," pursuant to which, under certain terms and conditions, the Board of County
Commissioners will lease to Splash -Down Concessions, Inc. a portion of that property which the
County acquired from Modern Electric Water Company adjacent to the Valley Mission Park to be
used for the purpose of parking in conjunction with Splash- Down's waterslide operations. The.
lease has an initial term of six (6) years and is renewable for a second five -year term. LESSEE
shall pay a fee of $2,000.00 per season each year during the initial term
PASSED AND ADOPTED this %T/'1 day of , 2001.
o.
ATTEST:
VICKY M. DALTON _`�
CLERK OF THE BOARD
Daniela Erickson, Deputy
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BOARD OF COUNTY COMMISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
Chair
TEX14C,"i:W, Vi
1 0739 LEASE AGREEMENT FOR PARKING LOT
THIS LEASE AGREEMENT was made and entered into on the day of
2001) by and between Spokane County, a political subdivision of the
State-/of NiVashington, having offices for the transaction of business at 1116 West
Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as the
"LESSOR," and Splash -Down Concessions, Inc., having offices for the transaction of
business at 12727 East Piper Road, Spokane, Washington 99207, hereinafter referred to
as the "LESSEE," jointly sometimes hereinafter referred to as the "PARTIES."
RECITALS
The PARTIES recite and declare:
WHEREAS, pursuant to the provisions of the RCW 36.32.120(6), the Board of
County Commissioners of Spokane County has the care of County property and the
management of County funds and business; and
WHEREAS, pursuant to the provisions of RCW 36.68.010, a county may lease or
sell any park property, buildings or facilities surplus to its needs, or no longer suitable for
park purposes; and
WHEREAS, Spokane County is the owner of Valley Mission Park, located at East
11423 Mission, Spokane, Washington; and
WHEREAS, a certain portion of Valley Mission Park was declared surplus to the
present and foreseeable need of Spokane County by the Board of County Commissioners
of Spokane County pursuant to Resolution No. 82 -0350; and
WHEREAS, pursuant to Resolution No 82 -0494, the Board of County
Commissioners authorized execution of a Water Slide Agreement with Splash -Down
Concessions, Inc., pursuant to which Splash -Down Concessions Inc. leased a portion of
Valley Mission Park for a period of ten (10) years to construct and operate a water slide.
This Agreement was subsequently renewed for an additional ten (10) year time frame and
like renewed for an additional term; and
WHEREAS, in conjunction with the operation of the Water Slide on that property
which is the subject of the Agreement with Spokane County, Splash Down Concessions
Inc. leased a parcel of property from Modern Electric Water Company. This parcel of
property was used as a parking facility for employees and patrons of the Water Slide and
related facilities operated by Splash Down Concessions Inc. under its Agreement with
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Spokane County. This parcel of property was sold by Modern Electric Water Company to
Spokane County. Splash Down Concessions Inc. now desires to enter into a Lease
Agreement with Spokane County under which the County will lease to Splash Down
Concessions Inc. a parcel of property to be used as a parking facility for employees and
patrons of the Water Slide and related facilities operated by Splash Down Concessions
Inc.
NOW THEREFORE, for and in consideration of the mutual covenants contained
in this Lease Agreement, the PARTIES agree as follow:
SECTION NO. 1: DESCRIPTION OF THE PREMISES AND PURPOSE
LESSOR leases that land hereinafter referred to as the "PREMISES" located in the
County of Spokane, State of Washington, and more particularly described and depicted in
Attachment "A," attached hereto and incorporated herein by reference, to the LESSEE.
PROVIDED, however, the Parties recognize that the LESSOR intends to construct a
swimming pool on a portion of the PREMISES. In the event the LESSOR does construct
such a facility, the Parties agree that the LESSOR will designate a given number of
existing parking spaces on its parking lot in Valley Mission Park so that the total available
parking spaces to the LESSEE on the PREMISES and the Valley Mission parking lot will
equal the number of spaces required in conjunction with Conditional Use Permit No.
CUE -5 -83 ONLY. Any additional parking required by the LESSEE as a result of any
expansion of its Water Slide operations on the Valley Mission Park, above and beyond
those required under Conditional Use Permit No. CUE -5 -83 will be the sole responsibility
of the LESSEE and are not included in this Lease Agreement.
The LESSEE shall use the PREMISES solely as a parking lot for LESSEE'S employees
and patrons of its Water Slide operated on a portion of the Valley Mission Park under a
Lease Agreement with Spokane County.
SECTION NO. 2: TERM AND RENT
The term of this Lease Agreement shall be for six (6) years commencing on July 26, 2001
and terminating on July 25, 2007. The annual rent each year within the six -year term of this
Lease Agreement shall be $2,000.00 per season. A season shall consist of that time frame
from April 1st to September 30'h of each calendar year.
LESSEE shall indicate its desire to renew this Lease Agreement by giving the COUNTY
six (6) months written notice prior to the end of the term. Any renewal shall be subject to
approval by the LESSOR, which may be withheld at its sole discretion for any reason
whatsoever. Additionally, any renewal shall be subject to such terms and conditions as the
LESSOR determines necessary and/or appropriate.
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SECTION NO. 3: ADDITIONS, ALTERATIONS AND IMPROVEMENTS
The LESSOR may not make any additions, alterations or improvements in and to the
demised PREMISES without prior approval by the LESSEE. Any addition, alteration, or
improvement authorized by the LESSOR on or to the demised PREMISES during the
term shall become part of the demised PREMISES and the sole property of the LESSOR.
SECTION NO. 4: REPAIRS/MAINTENANCE
The LESSEE shall, at all times during the term of this Lease Agreement and at its own
cost, expense, and repair, maintain in good and safe condition the dernised PREMISES.
Maintenance shall include sweeping the PREMISES as necessary; maintaining garbage
and litter collection; striping of parking stalls and directional symbols on the PREMISES
as needed; all expenses associated with irrigation and maintenance of landscaping
adjacent to and surrounding the PREMISES to include sprinkler repairs; annual
winterization and start -up of said irrigation system; regular mowing; and weed
eradication.
In the event the LESSEE shall fail or refuse to meet its responsibilities as set forth in this
section the LESSOR, at its sole option, may under take such responsibilities either though
its staff or through a contractor. The LESSEE agrees that it shall be responsible for all
costs incurred by the LESSOR or its contractor(s) in meeting such responsibilities and
that such it shall pay any and all costs within thirty (30) days of billing by the LESSOR.
SECTION NO. 5: UTILITIES
All application and connections for necessary utility services on the demised PREMISES
required by the LESSEE, shall be made in the name of the LESSEE only. LESSEE shall
be solely liable for any utility charges that it requires as they become due, including but
not limited to those for electricity.
SECTION NO. 6: ENTRY ON PREMISES BY LESSOR
LESSOR reserves the right to enter the PREMISES for any reason whatsoever at any time
with or without notice to the LESSEE.
SECTION NO. 7: INSURANCE
During the period of this Agreement LESSEE shall carry and keep in force, at its sole
expense, a commercial general liability insurance policy with minimum limits of
$1,000,000 per occurrence with a $3,000,000 aggregate for bodily injury and $1,000,000
per occurrence for property damage. Said policy shall be written by a reliable insurance
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company or companies and shall provide that said policy shall not be canceled, materially
changed or not renewed without 30 days prior notice thereof to the LESSOR. . The
LESSOR reserves the right to approve the LESSEE'S insurance carrier(s). The LESSOR
shall be named as an additional named insured in all such policies and the LESSEE shall
provide the LESSOR with certified copies of said coverage prior to commencement of
operation of the Water Slide. Said policy may be inclusive with the insurance policy
provided by the LESSEE in conjunction with Water Slide Agreement executed under
Resolution No. 01 -0313.
SECTION NO. 8: INDEMNIFICATION
(a) The LESSEE agrees to indemnify and defend the LESSOR from any loss, cost or
expense claimed by third parties for property damage and bodily injury, including death,
caused solely by the negligence or willful misconduct of LESSEE, its employees, or agents
in connection with the lease of the PREMISES under the terms of this Agreement.
(b) The LESSOR agrees to indemnify and defend LESSEE from any loss, cost or expense
claimed by third parties for property damage and bodily injury, including death, caused
solely by the negligence or willful misconduct of LESSOR, its employees, or agents in
connection with the obligations of the LESSOR under the terms of this Agreement.
(c) If the negligence or willful misconduct of both the LESSEE and LESSOR (or a person
identified above for which each is liable) is a cause of such damage or injury, the loss, cost
of expenses shall be shared between the LESSOR and the LESSEE in proportion to their
relative degrees of negligence or willful misconduct and the right of indemnity shall apply
to such proportion.
SECTION NO. 9: ASSIGNMENT /SUB USE /SUBLEASE OF PREMISES
LESSEE may not sublease or assign this Lease Agreement without the expressed written
consent of the LESSOR. In conjunction with considering whether or not the LESSOR will
agree to any sublease or assignment, the LESSOR will consider, among other factors,
whether or not the subleasee /assignee will use the PREMISES in conjunction with the water
slide business on the adjacent property.
SECTION NO. 10: TERMINATION
LESSEE may terminate this Lease Agreement for any reason whatsoever upon 90 days
advance written notice to the LESSOR. In the event of the LESSEE'S termination under
this Section, the LESSOR shall reimburse the LESSEE a pro rata amount of any prepaid
rent,
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LESSOR may terminate this Agreement for material breach of any provision therein by the
LESSEE. Provided, however, the LESSOR shall first give LESSEE 30 days advance
written notice of such material breach. Such notice shall be in writing, must specify the
provisions within this Lease Agreement that have been breached and afford the LESSEE a
30- day time frame to cure such defect. If such material breach is cured within such 30 -day
time frame, the notice of termination shall be null and void.
SECTION NO. 11: BINDING EFFECT
This Lease Agreement shall bind and be inure to the benefit of the respective heirs, personal
representatives, successors, and assigns of the PARTIES.
SECTION NO. 12: MODIFICATION
No modification or amendment of this Lease Agreement shall be valid until the same is
reduced to writing and executed with the same formalities as this present Lease Agreement.
SECTION NO. 13: VENUE STIPULATION
This Lease Agreement has and shall be construed as having been made and delivered in the
State of Washington, and the laws of the State of Washington shall be applicable to its
construction and enforcement. Any action at law, suit in equity or judicial proceeding for
the enforcement of this Agreement, or any provision hereto, shall be instituted only in
courts of competent jurisdiction within Spokane County, Washington.
SECTION NO. 14: HEADINGS
The section headings in this Lease Agreement have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, and shall not be deemed to,
define, limit or extend the scope or intent of the sections to which they appertain.
SECTION NO. 15: COMPLIANCE WITH LEASEHOLD EXCISE TAX
LESSEE hereby acknowledges that to the extent this Agreement is subject to the
"leasehold excise tax" as set forth by chapter 82.29A RCW as now or hereinafter
amended, the same shall promptly be paid by the LESSEE, in addition to the fees set forth
in Section No. 2 of this Agreement.
SECTION NO. 16: SURRENDER OF PREMISES
At the termination of this Lease Agreement or any extension or renewal thereof, the
LESSEE will quietly and peaceably yield and surrender the possession of the PREMISES to
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the LESSOR in as good condition as when received, reasonable wear and tear and damage
by fire and the elements excepted, and will surrender all keys to the LESSOR.
SECTION NO. 17: TOXIC AND HAZARDOUS SUBSTANCES
LESSEE shall not dispose of any toxic substances or hazardous wastes on the PREMISES.
SECTION NO. 18: ALL WRITINGS CONTAINED HEREIN
This Lease Agreement contains all the terms and conditions agreed upon by the Parties. No
other understandings, oral or otherwise, regarding the subject matter of this Agreement shall
be deemed to exist or to bind any of the PARTIES hereto.
IN WITNESS WHEREOF the PARTIES hereto have caused this Agreement to be
executed on the day and year first set forth above.
of u��a BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON,
r � f
P HARRIS, C rman
ATTEST: Ak cox.r�'
VICKY M. DALTON, 47L
Cler e Board \
J ROSKELLEY
Erickson, Deputy Clerk
STATE OF WASHINGTON
ss.
County of Spokane
On this ///-! day of /`fG� 2001, before me, the undersigned, a Notary Public
in and for the State of Washington, ly commissioned and sworn, personally appeared PHILLIP
D. HARRIS, M. KATE McCASLIN, AND JOHN ROSKELLEY, to me known to be the
Commissioners of the Board of County Commissioners of Spokane County, a political subdivision
of the State of Washington, that executed the within and foregoing instrument, and acknowledged
the said instrument to be the free and voluntary act and deed of said political subdivision, for the
uses and purposes therein mentioned, and on oath stated that they were authorized to execute said
instrument, and that the seal affixed is the seal of said County.
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IN WITNESS WHEREOF, I have here o set my hand and affixed my seal the day and
year first written ab `,6j11t t►/,,.
P. E,q/
ysion L'•� �i�
.o�� ^.c,�•, OTARY PUBLIC in and for the State of
Washington, residing at Spokane.
- 9.200.E
My commission expires• .
Z - ''N,`` SPLASH DOWN CONCESSIONS INC.
By:
Its: pltea)g
(Title)
STATE OF WASHINGTON )
) ss.
County of Spokane )
On this _�-� day of 2001, before me personally appeared
UJA IL to me know to be the Authorized Signatory of Splash Down
Concessions Inc., the corporation that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said corporation, 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.
v
Y PUBL Oinpokane. Sta
as mgton, residing
` My commission expires:
H; \LZaagman\agreements\splashdown parking lcasc 2001 - second final 080701.doc
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1 0739 ATTACHMENT "A"
The LESSOR does hereby let, lease, demise unto the LESSEE, the following described property
situated in Spokane County:
The North half of the East half of Block 10, County of Spokane, State of
Washington
The above - described properties are generally outlined in Exhibit "A -1."
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08/ OS/ 2001 08:13 5L �1726 T-
SPOKANE CC F CIVI PAGE 01
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FXHESIT A-!