HomeMy WebLinkAbout527_Approving Lease of Rayola Park Recreation Center
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CITY OF OW ASSO, OKLAHOMA
ORDINANCE NO. 527
SPECIAL NON-EMERGENCY ORDINANCE RELATING TO THE LEASE OF
RAYOLA PARK RECREATION CENTER AND APPURTENANT FACILITIES,
APPROVING SUCH LEASE ATTACHED AS EXHIBIT "A" HERETO AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Owasso, Oklahoma, is desirous of leasing the
Rayola Park Recreation Center and appurtenant facilities in accordance with the terms and conditions
set forth on the RECREATION FACILITY LEASE AGREEMENT, a copy thereof being attached
hereto, made a part hereof, and marked as Exhibit "A"; and,
WHEREAS, under the provisions of Section 4-3 of the Charter of the City of Owasso,
Oklahoma, the sale of any City property, real or personal, including public utilities, or of any
interest therein, the value of which is more than $25,000.00, may be made only (1) by authority of
an affirmative vote of a majority of the qualified electors of the City who vote on the question of
approving or authorizing the sale at an election, or (2) by authority of a Special Non-Emergency
Ordinance; and
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF OW ASSO, OKLAHOMA, that to-wit:
SECTION 1. The Recreation Facility Lease Agreement attached hereto, made a part hereof
and marked as Exhibit "A", relating to the leasing of the Rayola Park Recreation Center and
appurtenant facilities be, and the same hereby is, approved.
the electors of the City if a
(30) days after its passage;
SECTION 2. This ordinance shall be referred to a vote of
sufficient referendum petition is properly filed within thirty
otherwise, it shall go into effect thirty (30) days after its passage
Owasso
of the City of
City Council
the
by
~~i1~<),~'{'~~~ 11 j &:; V.!~
,.,,},' PA~}J1~,:t};p<,APPROVED AND ADOPTED
0klal1o'ma'iIiji<21:td"llay of July. 1996.
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EXHIBIT A
RECREATION FACILITY LEASE AGREEMENT
day of
2nL
on the
Oklahoma,
made at Owasso,
THIS LEASE,
an
OKLAHOMA,
OWASSO,
OF
and between the CITY
by
1996
~,
Oklahoma
assigns
and
successors
its
corporation,
municipal
CHRISTIAN
MEN'S
YOUNG
THE
and
LESSOR
II
called
hereinafter
LESSEE
II
hereinafter called
ASSOCIATION OF GREATER TULSA,
WIT N E SSE T H:
That LESSOR does hereby let and lease unto LESSEE the premises
State of
Tulsa and
of
County
Owasso,
of
in the ci ty
situated
and further described as follows
Rayola Recreation Center and Appurtenant Facilities
consisting of the Western Four (4) Ballfields -
hereinafter referred to as "recreational facility. II Said
premises are to be used and occupied for recreational
purposes only. LESSEE, for no additional consideration,
shall be allowed to utilize the two (2) eastern (front)
softball fields when same are not otherwise scheduled for
use by or through LESSOR. Such fields shall become part
of the herein demised premises when used by LESSEE. It
is the intent of the parties hereto that the two (2)
eastern (front) softball fields are to become a permanent
part of the demised premises when the parties find it to
be appropriate and the parties will review this status
annually. The swimming pool operated by LESSEE under a
prior agreement will become a part of demised premises on
the effective date hereof. The demised premises shall
also include that one-half (1/2) of the parking lot
adjacent to this facility.
Oklahoma,
(10)
ten
To have and to hold unto LESSEE for the term of
and ending on the
1996
commencing on the 1st day of July,
years,
upon the covenants and agreements herein
2006
30th day of June,
set forth.
to pay to the
and agrees
The LESSEE hereby covenants
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the sum of
and
at ten Dollars
LESSOR as rent for said premises during the said term,
($100.00
and nO/l00 I s
One Hundred Dollars
no/l00's ($10.00) per year payable on the 1st day of July, 1996
and a like sum on the 1st day of July each year thereafter during
the term hereof. As additional rental payable hereunder LESSEE
covenants with LESSOR that within one (1) year from the inception
of this lease LESSEE will expend an amount of money, not less than
Two Hundred Fifty Thousand Dollars ($250,000.00) , for capital
improvements to, on or upon the recreational facility hereby
demised. Such capital improvements must, in accordance with
Oklahoma Law, be designed by and certified to by a duly Registered
Architect in the State of Oklahoma. Further, prior to performance
of the capital improvements herein contemplated, LESSEE shall
present the design and specifications to the city council of the
City of Owasso, Oklahoma, for its approval, such approval not to be
unreasonably withheld. Contracts for the construction of the
recreational facility capital improvements shall meet all
requirements of the Public Competitive Bidding Act of 1974, 61 O.S.
S 101 ct seq.
Construction of the recreational facility capital improvements
shall be the sole obligation and responsibility of the LESSEE.
Such recreational facility capital improvements shall be
accomplished in a workmanlike manner and shall comply with all
local, state and federal laws pertaining thereto. LESSEE shall
hold harmless LESSOR, LESSEE agreeing to indemnify LESSOR, from and
against any and all claims, cost, damage, expense, including any
LESSOR incurred Attorneys fees, cost of Alternative Dispute
Resolution Attorneys fees and costs, or loss incurred or suffered
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by LESSOR arising out of LESSEE's recreational facility capital
improvements.
If, upon the expiration of the term hereof, and for a period
of Five (5) years thereafter, LESSOR sells such recreational
facility herein demised, then, in such event LESSOR shall pay
LESSEE, solely from the proceeds of such sale, an amount of money
for the recreational facility value enhancement resulting from the
recreational facility capital improvement performance by LESSEE;
provided, however, such value enhancement repayment from proceeds
shall equal the value of enhancement from the date of capital
improvement completion as depreciated on a straight line basis over
the term of years from date of completion until the date of sale.
For the purposes of this Lease depreciable life of said capital
improvement shall be fifteen (15) years.
2. Not withstanding any other provision hereof to the
contrary, either party hereto may terminate this Lease Agreement at
any time upon one hundred twenty (120) day written notice to the
other party.
If LESSEE so terminates, it shall forfeit all its right, title
and interest to said capital improvements to LESSOR.
If LESSOR so terminates, the parties hereto shall seek to
negotiate a mutually satisfactory settlement. In the event the
parties cannot agree, determination of LESSEE's damages shall be
settled by arbitration. Such arbitration shall be before three
disinterested arbitrators, one named by LESSOR, one by LESSEE and
one by the two thus chosen. The arbitrators shall determine the
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controversy and their determination shall be final and binding on
both LESSOR and LESSEE. Any mandatory award issued by the
arbitrators against Lessor shall be payable by Lessor to Lessee
solely from revenue derived by Lessor from Lessor's operation of
the Recreational facility.
3. LESSOR shall not allow said premises to be used in any
manner which shall unreasonable interfere with LESSEE'S occupancy
and/or programs, nor which shall, in any way, cause any damage to
the facility or to LESSEE'S equipment located thereon.
4. LESSEE has examined and knows the condition of said
premises and has received the same in their present condition.
LESSEE shall keep said premises in a clean, safe and healthy
condition in accordance with the ordinances of the city of Owasso,
Oklahoma, and acceptable safety and recreational standards.
5. LESSEE will use and occupy said premises and
appurtenances in a careful, safe and proper manner, in accordance
with the ordinances of the City of Owasso, Oklahoma; and LESSEE
will not allow said premises to be used for any purpose in any way
that 1 increase the rate of insurance thereof, nor for any
purpose other than that hereinbefore specified, nor to be occupied
in whole or in part by any other persons; and will not bring nor
suffer to be brought into or upon said premises any substance or
force that will increase the hazard of fire in or on said premises,
and will not permit liquor to be sold at wholesale or retail, or
consumed on the premises; will not sublet said premises or any part
thereof nor assign this Lease, without in each case, the written
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consent of LESSOR first obtained; and will not permit any transfer
by operation of law of LESSEE'S interest in said premises. LESSEE
shall not use the premises for any unlawful purpose or in any way
that 11 injure the reputation of the same, or disturb the
neighborhood; and will not permit any substantial alteration of or
upon any part of said demised premises, nor allow any sign or
placard posted or placed thereon, except by written consent of
LESSOR unless otherwise provided in said written consent. The
lights of the Western Four (4) Ballfields will not be utilized.
6. LESSEE will pay all utility expenses, together with all
water and sewer, levied or charged against said premises (except
water for the swimming pool until LESSOR repairs the leak to
LESSEE'S satisfaction) for and during the term for which this Lease
is granted. Any amounts so paid by LESSOR and any amounts paid by
LESSOR to keep said premises in a clean, safe and healthy condition
as hereinbefore specified, or to make up any default on LESSEE'S
part to fulfill LESSEE'S covenants herein written, are hereby
agreed and declared to be so much additional rent and shall be due
and payable with the next installment of rent due thereafter upon
this Lease.
7. LESSEE shall have the following duties with reference to
said premises
a to keep said premises clean, as stated herein;
b to dispose from the leased premises all rubbish,
garbage and other waste, in a clean and sanitary
manner;
c to properly use, operate, maintain and replace, if
reasonably necessary, the facilities hereby demised
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including, but not limited to, all exterior and
interior portions of the recreation facilities, all
electrical, gas, plumbing, heating and cooling
equipment therein as well as that portion of the
parking lot which is part of the demised premises;
to maintain the grounds of the leased premises in a
clean, safe and sanitary condition, including all
mowing of the grass and maintenance of the demised
athletic fields thereof;
e) to assume and be solely responsible for the
planning, development, safety, supervision, and
other program aspects of their recreational
programs.
8 LESSEE will deliver up and surrender to the LESSOR
possession of the premises hereby leased upon the expiration of
this Lease or its termination in any way, in as good condition and
repair as the same shall be at the commencement of said term (loss
by fire and ordinary wear and decay only excepted) and deliver the
keys at the office of the LESSOR or LESSOR'S agent.
9. LESSOR may have free access to the premises at all
reasonable times for the purpose of examining the same
10. LESSEE shall provide LESSOR with a written notice of its
proposed uses of the premises at least thirty (30) days in advance
thereof. LESSEE may authorize the City of Owasso, Oklahoma, to use
said premises at times which do not conflict with the LESSEE'S use.
The City of Owasso, Oklahoma, shall give the LESSEE reasonable
notice of its intended use. LESSOR'S use shall be subject to the
same restrictions and limitations as any other party's use of the
premises. LESSEE shall post program schedules of the premises in
a prominent place in the building.
6
LESSEE'S use of the premises as well as its programs
instituted and administered thereon, shall at all times be done
with the objective of enlarging and expanding upon recreational
opportunities for all citizens of Owasso, Oklahoma. Further,
LESSEE'S use of the premises, as well as its programs instituted
and administered thereon, shall not discriminate against any person
or persons on the basis of race, creed, sex, national origin,
disability status or religious belief.
If any person or organization wishes to institute a new
program to take place on said premises, it shall first request the
LESSEE to offer and conduct said program. It is the intent of
LESSEE to offer and conduct said programs, however, LESSEE has
final right to determine whether a program will be offered and
conducted by LESSEE and LESSEE'S decision on these matters is
final.
11. LESSOR shall not be liable for any damage occasioned by
or from plumbing, gas, water, steam, or other pipes, or sewage or
the bursting, leaking or running of any cistern, tank, washstand,
or waste pipe in, above, upon or about said building or premises,
nor for damage occasioned by water, snow or ice, nor for any damage
arising from acts or negligence of LESSEE its agents, licensees,
employees, invitees, or guests.
12. If default be made in payment of said rent or any part
thereof or in fulfillment of any of the covenants or agreements
herein specified to be fulfilled by the LESSEE, or if any waste be
committed or unnecessary damage done upon or to said premises, the
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LESSOR may, at LESSOR'S election, at any time while such default
continues or before the replacement or repair of such waste or
damage, and without notice, declare the said term ended and enter
into possession of said premises and sue for and recover all rents
and damages accrued or accruing under this Lease or arising out of
any violation thereof, or LESSOR may sue and recover without
declaring this Lease void or entering into possession of said
premises.
13. Every demand for rent due wherever and whenever made
shall have the same effect as if made at the time it falls due and
at the place of payment or on the premises. LESSOR may receive and
collect any rent due, and such collection or receipt shall not
operate as a waiver of, nor affect such notice, suit or judgment.
Any notice or summons to be served by or on behalf of LESSOR upon
LESSEE under this Lease or in connection with any proceeding or
action growing out of this Lease or the tenancy arising therefrom,
may be sufficiently served by leaving such notice or summons
addressed to LESSEE upon the said demised premises.
14. The LESSEE shall insure the subj ect premises against loss
by personal injury or property damage due to negligent supervision
and endorse the City of Owasso, Oklahoma, as an additional insured
thereon. Such insurance shall be at LESSEE'S cost and in an amount
not less than One Million and nojl00ths Dollars ($1,000,000.00) .
A copy of the evidence of insurance shall be supplied to the City
Manager of LESSOR.
S
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15 The LESSEE shall assume any and all property tax
obligations imposed upon the property of LESSEE during the term of
this Leaseg including any increases thereon.
16. And the LESSOR hereby covenants and agrees that if the
LESSEE shall perform all the covenants and agreements herein
stipulated to be performed on LESSEE'S part, the LESSEE shall at
all times during said term have the peaceable and quiet enjoyment
and possession of said premises without any manner of let or
hindrance from LESSOR or any person or persons lawfully claiming
said premises.
17. LESSOR and LESSEE mutually agree that either of them may
terminate this Lease at the end of the above-stated initial term by
giving the other party written notice thereof at least sixty ( 60)
days prior thereto. In the absence of such notice, this Lease
shall continue on the terms and conditions contained herein and in
force prior to the expiration of the above-stated initial term on
a month-to-month basis unless terminated by either party upon sixty
(60) days written notice.
18. LESSEE shall hold the City of Owasso, Oklahoma, its
officers, agents, employees and independent contractors, harmless
and fully indemnify said City of and from any and all claims of
neglect, negligence, liability for personal injury or property
damage occurring during the term of this Lease, except as the same
may arise from the negligence of LESSOR, LESSOR'S agents or
employees. This indemnification and hold harmless agreement shall
extend to reasonable attorneys fees and costs incurred in defending
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itself from any claims made during the term of the Lease, including
therewith Alternative Dispute Resolution Attorneys fees and costs.
19. LESSOR or LESSEE may request that the terms and
provisions of this Lease be reopened upon thirty (30) days notice
in writing to the other party. Each party shall attempt, at this
point, to address any such issues raised by the other, but the
process of reopening or renegotiating shall not obligate either
party to accept the proposal of the other party or to vary the
terms of this agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands
on the day and year first above written.
CITY OF OWASSO, OKLAHOMA
BY:
MAYOR
LESSOR
ATTEST:
FORM:
Ronald D. Cates, City Attorney
THE YOUNG MEN'S CHRISTIAN
ASSOCIATION OF GREATER TULSA
LESSEE
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ATTEST: CHAIRMAN
/\ /?// 42(
, f jZk>'--
RETARY
\UFlLEASE.YMC
10
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Affidavit Of Publication
-- - -- - `-
Published M the Owasso Reporter, Owasso, Tulsa County, Oklahoma, July
.11.11 Comply with all local, stale and federal laws perlalning thereto.
11, INS.
LESSEE shall hold harmless LESSOR, LESSEE agreeing to Indemnity
LESSOR, from and against any and all Claim, Cod, damage, expense,
STATE OF OKLAHOMA, TULSA COUNTY, es:
CITY OF OWASSO, OKLAHOMA
ORDINANCE M. 827
brooding any LESSOR Incurred Attorneys fees, coq d ep
Alternative Dute
Resolution Attorneys fees and costs, of loss incurred or cuffs red by
LESSOR Mixing out of LESSEE's recreation d fertility cap"I Inprovementa
A SPECIAL NON - EMERGENCY ORDINANCE RELATING TO THE
If, upon the expiration of the term hereof, and for a Period d Fite (S)
Bill R. Retherford, of lawful age, being duly sworn
LEASE OF RAYOLA PARK RECREATION CENTER AND APPUR-
years thereafter, LESSOR "Ilasuch recreational facility herein Coming.
TENANT FACILITIES, APPROVING SUCH LEASE ATTACHED AS
then, In such evert LESSOR Mall pay LESSEE, solely Iron the proceeds
E%HISIT'A' HERETO AND DECLARING AN EFFECTIVE DATE.
of such sale, an amount of money for the recreational facility value
and authorized, says that he is the publisher of the
enhancement resulting from the recreational facility capital Improvement
WHEREAS, the CRY Council of the City of Owasso, Oklahoma, is
performance by LESSEE; provided. however, such value enhancement
desirous d leasing the Rsycle Park Recreation Center and appurtenant
repayment from proceeds shell equal the value of from the
OWASSO REPORTER H Weekly
xlscllitlee in accordance with the forma and conditions set forth on the
date of capital Improvement completion in deprecated on a straight line
RECREATION FACILITY LEASE AGREEMENT, a Copy thereof being
basis over he term of years from date of completion until he data of sale.
'sllachetl hereto, made a part hereof, and mucked! in Exhibl'AO; and,
For the purposes of this Lease depreciable Igo of sat Capital Improvement
news p Spar printed in the city of OWASSO
j
shell be fifteen (15)years.
p WHEREAS, under he provisions of Section 4.3 of the Charter d the Cry
2. NO wXhmindlg any other provlsion hereof no the Contrary, either par-
Owasso, OWahoma, the "le of any City property, reel or personal,
ty hereto Trey terminate this Lease Agreement at anytime upon one hurt
T11lsG County, Oklahoma, a newspaper qualified to
=p bit u0hles, or of any Interest therein, the value of which is
dred twenty (120) day written roHca to the other party.
more than $25,000.00, may M made only (1) by authority d an aHlrmative
If LESSEE " terminates, r shall forfeit all Its right, title and interest to
;vote d a majority of the qualified electors of that City who vote on the ques-
add capital lWmr meets to LESSOR.
publish legal notices, advertisements and publications
Son of approving or authorizing he sale 9 an election, or (2) by authority of
If LESSOR so terminates, the pedles hereto shall seek to negdatea
a Special Non - Emergency Ordinance; and
mutually satisfactory settlement. In the event the parties cannot arm,
determination of LESSEE's damages Mall M seff ed by arbitration. Such
as provided in Section 106 Of Title 25, Oklahoma
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
arbitration Mall be Ware three disinterested arbitrators, one named by
THE CITY OF OWASSO, OKLAHOMA, that, Ic wlb
LESSOR, one by LESSEE and one by the two thus chosen. The arbitrators
Statutes 1971 and 1983 as amended, and thereafter, ,,'
SECTION 1, The Recreation FacNM/ Lee. Agreement dechad hereo,
shall determine the controversy and their determination Mall be final and
billing on both LESSOR and LESSEE. Any mandatory award lowed by
nestle a part hereof and marked as Exhibit 'A', relating to the least of the
the arbitrators against Lessor shall be Payable by Lessor to L "see solely
andcom lies with all other requirements
p q
MfeePark Recreation Center and appudanantfaciliiesM , and the sams
by k, approved.
from revenue derived by Least han Least operalkxrglMRecreational
facility.
Oklahoma to legal ublicatione.
SECTION 2. This ordinance shell M referratl to a vote of the akdors d
ha C' ION 2. antlewnacerendan errenbpavot filed
3. LESSOR shall not allow said promisee to be used in any manner
which shallunreasorimiointerferewithLESSEE'Sooaupancyand/orps-
or with reference g P
M Pe N
grams, nor which shall, in any way, cause any damage to the facility or to
o.
(30) day. Mt. its Pa.".; otherwise, X shall go into Aged thirty (30) dos
LESSEE'S equipment located thereon.
jet;
That said notice, a true copy of which is ettnched,,,
after Its passage.
4. LESSEE has examined and knows the Condition d sold Premises end
PASSED, APPROVED AND ADOPTED by the City Coundi of he CRY or
has received the same in thgr present condition. LESSEE shall keep mid
premises in a dean, safe and healthy condition, In accordance with the
hereto, was published in the regular edition Of said
Owasso, Oldmorrr this 2nd day d July, 1906.
ordinances of he Cry of Owasso, Oklahoma, and roceptabte safety and
during the and time or publication
/d Tommy Ewing
i. Danny Ewing, Mayor
recreational standards.
S. LESSEE will use and oroupy mid premises and! appurtenances Ina
newspaper period
(SEAL)
caraful, "to and proper manner, In accodance with the ordinances d the
ATTEST
City of Damon, Oklahoma; art LESSEE will not allow mid Fireman to be
and not in a supplement, on the following dates: ''
:
used for any purpose In any way that will [nor "" he rate of Insurance
,
/d Mende Boutwell
thereof, nor for any purpose other than that Mrefnbefore speffled, nor to
JULY 11 1199_
Maoris Boutwall, City Clerk
be occupied In whole or in pad by any ether pasone; and will not Wing nor
surer to be brought Into or upon cold premises any substance or force that
APPROVED AS TO FORM:
wig increase the hazard of fire In or on sold premises, and will not permit
liquor to be sold at wholesele or retail, M Consumed on the promises; will
/s/ Ronald D. Cat"
Ronald D Cores, Cry Attorney
fed sublet mat premises or any eart thereof, nor amsign this Lane, without
In each Casa, the wden consent of LESSOR first ohtalied; and will not
IXHIBIT A
permit any tr "sler by opwatbn d low d LESSEES Intent" In mid premla
_
RECREATION FACILITY LEASE AGREEMENT
" LESSEE .half not use the premms for any unlawful purpose or In any
way that will Injure the reputation d the "me, or disturb the neighborhood;
Subscribed and sworn to before met s 11th
and will not permit any substantial alteration of a upon any part of said
THIS LEASE, made et Owasso, OWaRe re, on IM day ot
..... by and --mat the CITY OF OWASSO, OKLAHOMA, an Okla-
demleed premises, nor allow any sign or placard posted or placed thereon,
_
dayOf July ,199 6
Y
Mme municipal corporation, its successors and assigns, hereinafter caged
Z��coonsent. The lights of the Western Four 4) Chamois blCS will d not be Ok
LESSOR', and THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF
Need
GREATER TULSA, hereinafter rood! LESSEE'.
S. LESSEE wgl pay all utility expenses, together with eft water and "w-
/VyvT�1
W I T N E 5 5 E T H:
That LESSOR do" hereby let and kese unto LESSEE the pnmims sY-
eq levied a charged against "id premises (except water Is, the swimming
pool until LESSOR affairs the leak to LESSEE'S salWadi m) for and dur-
Notary Publlcir,
y
ueted lithe City of Owasso, County of Tul" and State of Oklahoma, and
Ing the term for which this Loam Is granted. Any amounts so paid by
+IN
.further described as folows
LESSOR and any amounts paid by LESSOR to keep said premises In a
March 20 1997
My Commission expires: a
R ayola Recreation Center retl Appurtenant FedlXlea consisting of the
'
dean, ode and healthy condition as herelnbefore specified, or to make up
any default on LESSEE'S pad to fullil LESSEE'S Covenants heroin written
FiT
2 94.98
;JWeorern Four (4) Belllekls hereinafter referred to as'recreational fadgfi
+Said premises we to be used and occupied for recreational purposes only.
are hereby agreed and declared to M so much adtlXbnal rare art Mall be
payable with he mod Installment d red due thereafter upon this
PUBLISHER'S FEE 1
w LESSEE, for mo additional ccnsdeatlon, shall M allowed to dllize the text
Loam
i
f(2) eastern pront) simall told. when sere are not otherwise sMetluled for
7, LESSEE Mel have the following duties with reference to mat seems
, use by or through LESSOR. Such fields shall Mcoe part of the herein
..
"- semisetl premises when used by LESSEE. It Is the Intent of the parties
a) to keep mid premises clean, "sdted herein;
`herdo that the Iwo (2) eastern (front) sorMl fide are to become a Permit-
. front pert O ter decoked premium when the padres find N to be appropriate
b) to diocese from the leased premises all nudim, garbage and other
`
• and the parties Will review this walus annually. The swervang Pod opener-
ad by LESSEE under a prior agreement will become a part of demised
waste, In a clean and sanhary manner;
premise. on the effective date hereof. The demised premises shall also
c) to property use, operate, maintain and replace , it reasonably nsoas-
include that one -hat fl/2) d that parking of adjacent to this fsdlity.
sary, the facilities hereby dimmest including, but fed limited to, all exterior
-
To have and to hold unto LESSEE for the term of ten (10) years, con"
'mencing on the 19 day d July, 1086, and ending on the 30th day d June,
and interior portions of the recreation faorTries, all eledrkal, gas plumbing,
1' 2008, upon the covenants and agreements herein cot forth.
healing and Cooing equipment therein as wall as that portion of the porldrrg
lot which k pad d the dentist premise;
e' 1. The LESSEE hereby Covenants end agents pay to the LESSOR as
t ^.rant for mid premises during the mid term, the sum of One Hundred Dol-
fl=ats and no'100's (5100.00) at tan Dollars and no /100's ($10.00) per year
d) to malntaln he grounds of the based premises In a clean• safe and
payable on the 1 at day of July, 1006, and a like sum on the 10 day of July
sanitary condition. Including all mowing of IM gram and maintenance of
the demsed dNefk felds hered;
each year thereafter during IM tern hereof. As additional rental "Wes
o Maunder LESSEE Conformer with LESSOR that within one (1) year from
e) to assume and be solely responsible for the planning, development.
the Inception of this lea" LESSEE will expand an amount of money, trot
-' lesthan Two Hundred Fifty Thousand Dollars ($260,000.00)• for Capital
safety, supervision, and other Program aspects d Ihdr rodfallonal pro-
improvemetsto, on or upon the recreational facility hereby demised. Such
g,arve,
"capital Improvements must, in accordance with Oklahoma Law, be
S. LESSEE will deliver up and surrender to the LESSOR possession of
i designed by and certgled to by a duly Registered Archhecl in the State of
the premises Mrmy based upon the expiration Of his Loam of Is termoa-
Demons. Further, From to Performance d the Capital knirovemend harem
ibn In any wag In as good condition and repair as the sams Mall be at the
Contemplated, LESSEE shall present the assign and speclfiotiona to its
pommencoment of mid term (bas by fire and ordinary wed and decay only
Cry Council of the City of Owasso, Oklahoma, for its approval, such
excepted) and deliver Ihe keys at the office of the LESSOR or LESSOR'S
approval not to be unreasonably withheld. Counted. for the construction of
agent
. the recreational facility capital Improvements Mall meet all reculamend of
0. LESSOR may have brae access to the promisee at all reasonable
he Public Competitive Bidding Ad of 1074, et O.S. S 101 at seq.
limes for the purpose of mamining the corn,
-' Construction of the recreational facility capital Impmvevmenta shall M the
10. LESSEE shill provide LESSOR with a written notice d No proposed
sole obligation and responsibility d the LESSEE. Such momeatonol facilly
uses of the premse r at dad thirty (30) days In adverse thered. LESSEE
capital improvements Mall M accompliMad in a workmanlike manner and
nay authorize the City of Owasso. Oklahoma, to use mid premises at
ram" which do not conflict with the LESSEE'S use. The City of Owner
Oklahoma, shall give the LESSEE reasonable notice OR. Intended m
LESSOR'S use shall be subject to the sertr restrictions and lmgsfbm e
any other arty. from of the prernme. LESSEE shall poor program sMM
Was or the premises N a promised piece in the building. LESSEES use C
the premises as well as its programs Insloudtl and adminWered thereof
Mall at ell times be done with the objective of mi.rging and expandin
upon recreational opportunkles for all citizens of Owasso, Oklahoma. Fu
IMr, LESSEE'S user of the premiers, as well as he Programs InsthAed an
administered thereon, Mall not Recriminate against airy person or person
Of the bed. of race, creed, sex, national origin, dlsablity, status or religou
befid.
H any person or oganlzatlon wish" to Institute a new program to tah
place on said proms", X Mall fuel request the LESSEE to offer and con
dud sald program. It is IM Intent d LESSEE to Her and Conduct sad pre
grans, however. LESSEE hat final right to determine whether a proffer
wgl be offered and conducted by LESSEE and LESSEE'S decision o
than most is final.
11. LESSOR Mall not be liable for any damage occa 1..d by or fror
plumbing, gas, water, steam, or other pips.. or "wage or the burstinj
IsaWng .,..miss of any doom, tank, interisland, or wage pips In, Mor.
upon or about said building of premiss, nor for damage occasioned l
War, vow or fee, nor for any damage adding from acts or negligence
LESSEE X11 agents, low., ampbyeae, Invr "o, or goods
12. If defanX be made in payment of mid rant or ., pad hereof or f
IuNXlment of any d IM Covenants or agreements Manor speCNied to be fu
filled by the LESSEE, or H any waste be commrled or unnecessary dam
age done upon or to mid premises, the LESSOR may, at LESSOR'S do
it M any time while such delauX continues or Colors the replacement f
repair of such waste or damage, and without notice, declare the said for
ended and enter Into posy andon of sat promf"e art me fa and rest
all dMS had damages accrued or morulrq units, this Leas or arising zx
of my vbiaHon fiat or LESSOR may sue and recover without deelMl-
this Leas voW a entering Into pones of mitl promisee.
13. Every demand for rent due whatever and wMmver made Mall hey
the same Med as N mode at the time it ills due and el the place d pal
meal or on the promisee. LESSOR may reserve and collect any rent du
and such Collection or recalpl Mall no operate as a waiver of, nor afft
such nMce, suit or judgment. A" notice or summa. to M served by or.
What d LESSOR upon LESSEE antler the Leese or In connection wr
any proceeding or action growing out of this Leas or the tenancy amain
therefrom, may be sufficiently served by leaving such notice or summon
14. The LESSEE shall insure the subject pramses terminal leer by pa
mnal injury or Property damage due to negligent supervision and mind
the City of Owasso. Oklahoma, as an additional Insured thereon. Sue
Insurance shall M at LESSEES Cost and In an amount not less than C
Million and ro'10011s Dollars (51,000,000.00). A Copy of the widens C
Insurance shall be supplied to ter Cry Mmeger of LESSOR,
1S. The LESSEE shall assume any and all property tax obligation
Imposed upon the property of LESSEE during the term of this Leas
Including any Increae"thermn.
16. And the LESSOR hereby covenants and agree that N IM LESSEI
Mall perform all the Command and agreements Remain stipulatetl to be ps
formed on LESSEE'S pert, he LESSEE steal at all times during said her
have the peaceable and quip enjoym fed and possession of and premis
without any manner of let or hindrance from LESSOR or any person or pei
pile lawfully Comrmg mid premises
17. LESSOR and LESSEE mutually agree het AM, d them may, tom
eta this Les" M the and of the above - stated Initial term by giving in
other pad written notice thered at leap ably (60) days prior thereto. In tin
absence d math notice, this L"" shall continue on the terms art Cord
Ilene Contained herein and In force prior to the expiration of the abet
ad initial term m a month -bmoMh beds union IermNalM by either pr 'I
upon miry, (60) days wrRm notice.
18. LESSEE shall hob the City of Owes ", Oklahoma, No office .
agents, employees and Independent Cordmmas, handes and fully inda .
nor mat Cites of and than are, and all claims of nealaa. ealWence. blab;
LESSOR'S agents or employees This Indemnification and hod hormk
agreement Mel extend to reasonable attorneys leer and costs Incurrei 1
defending ftmff from any Claims made during the term at the Leone, Ind d
ing Dramas, Automotive Dispute Rmdulbn Attaneys Nut and cone.
19. LESSOR or LESSEE may request that the rims and provision,•.
this Leese be reopened upon thry (30) days notice In writing to the new
pert'. Each pad Mall attempt, ef this point, to address any such Isi
raised by the other, but the process of reopening or reegdlatiag shag rap
obligate either parry to accept the proposal d the other party or to vary A
terms of this agreement.
IN WITNESS WHEREOF, the parties have hereunto "1 their hands of
the day and year first above welter.
CITY OF OWASSO, OKLAHOMA.
BY:
MAYOR
LESSOR
ATTEST:
Marcia Bcutwell, Cry Clark
APPROVED AS TO FORM:
Ronald D. Cates, City Attorney
THE YOUNG MENS CHRISTIAN
ASSOCIATION OF GREATER TULI
LESSEE
ATTEST BY:
CHAIRMAN
SECRETARY
times which do not oaNat with Otte LESSEES u". The City of Ovwa ".
Oddromet shall give the LESSEE dwaoneWe notice of Re Intended use.
LESSOR'S use Mall be subject to de same remetens and Iknnat ind "
ubs d chat the Party. rmiss In His roIm place b31he building. LESSEES uw d
the premises, as wall as Re I rograrra Indnuted and dMnlsterd Reason.
shall at ell times be done with the obledW. or enlarging and expanding
upon recreational opportunities for all citizens of Gressel, OYJahoma. Fw-
ther, LESSEE'S use d m
the prems. r as we, its On rams Instituted and
al not nriinsawm or m
on I" bbaeb d ees, posed, see national discriminate against Warm or elous
caw.
M any pardon or owe, it organization Iddi wishes "to the LE a new program to take
pia t of rid prepoaest M Nell find request the LESSEE to de. and cons
dap rid program. It b the has sfi d LESSEE determine de end conduit rM ago-
.1111 be Otte rd e d conduct dtlby [LESSEE d LESSEE'S decision on
than mothers 1. fir[.
11. LESSOR mall not a liable for my damage occasioned by or from
plumbing, gas, water, steam, or other pip", or ravage or the bursting,
baking or running d any delam. tank wrhstam. or walla pipe In, -hove,
upon or about sold bulldiag or premier, nor far daliega oco "toned by
water, .now or tie, her for arty III arIsioB it ads or cepllgen. of
LESSEE to agents. Icanee ", employees, grvit a 9uest-
12. If default be rtedo in peYmehit d veld art or aw part the or In
filled by the LESSEE. EIE.Or er waste Ba commiddra unr dosed- naytlarrt-
,go done upon or to sold premier, the LESSOq maY. d LESSOR'S sbo-
Nor. d nay time while such datauX aMIn.s a store IM ,splee.msrd or
aria d such waste or damage, and w rue., declare the rid term
Rue eel d the pace OR PaY-
ve and collate any rant due,
de as a welver d, nor all Rot
mnwns to be served by w a
Lea" or in connection with
_asr or the tenancy wising
Ing such notice or summons
premlaaa
y end all property tax obligations
EE during the Jet. Of this Lea ",
dots and agrees that 0 the LESSEE
"manta retain dlpulatd to be Pat-
IF shay at all Rim" during Wd term
lnl and possession Of saki premises
from LESSOR or any bursa or Per-
r
E3B5 B W HEREOF, the ag° ed bs have hereunto sot their hands on
W
the day and year find above written.
CITY OF OWASSO, OKLAHOMA
BY:
MAYOR
LESSOR
ATTEST:
Marola Boutwd, Cry Clark
APPROVED AS TO FORM:
Ronald D. Cat", City Attorney
THE YOUNG MENS CHRISTIAN
ASSOCIATION OF GREATER TULSA
LESSEE
ATTEST: BY:
CHAIRMAN
SECRETARY
shall comply with all local, state and federal laws pertaining thereto.
LESSEE shall hold harmless LESSOR, LESSEE agreeing to Indemnity
LESSOR. from and malnst any and all claim", coat, damage, axpenm,
m expiration of the term
ter, LESSOR sells such
went LESSOR shall ps
. an amount of money
repayment from proceeds wall equal the value Or mnanmmem ne,n ma
data d capital ImwovemeM completion r d epreciatd on a straight line
baps over the term of yes. from date Of wnlpblton until the data of We.
For IM purposes of this Leese depreciable Ile of said typal Improvement
shall be fifteen (16) years.
2. NO withstanding any Other provision hereof to the contrary, either par-
ty hereto may terminate this Lease Agreement at any time upon one hum
died hreny (120) day written notice to the other party.
If LESSEE so terminates, it shell fo.fd all its right, title and Interest to
said appal ImprowmeMS to LESSOR.
If LESSOR so terminates, IM parties hereto shall seek to negotiate a
mutually satisfactory Wdemsm. In the event the parties cannot agree,
determination of LESSEE's damages shall be owned by arbitration. Such
arbitration shall be before three dlskiwadd ebitrdors, one named by
LESSOR, one by LESSEE and one by the two thus doen. The a arbitrators
shall determine the controversy and their determination atoll be line[ and
binding on both LESSOR and LESSEE. Any mandatory award baud by
the arbitrators against Lessor shall be payable by Lessor to Leases solely
from revenue dedvd by Lamor from Lessors operation of the Recrrlbnal
imply.
3. LESSOR shall not allow said premises to be used In any manner
which shall unreasonable IMerfe, with LESSEE'S occupancy and/or pro-
gram, nor which mall, In any way, cause any damage to the facility or to
LESSEES equipment bald thereon.
4. LESSEE has examined and knows the condition of said promises and
has received the same In their present condition. LESSEE mall k "p said
premises In a clean, safe and healthy condrla, In accordance with the
ordinances of the City of Owasso, Oklehona, and coceptable, safety and
reaedlonal standards.
6. LESSEE will use and occupy saki promises and appurtenance. In e
careful, We and proper manna, In accordance with the ordinances of the
City of Owasso, Oklaheme; and LESSEE will sot allow mid wordless to be
used for any purpose In nay way that will increase the rate of Insurance
thereof, nor lot any purpose other than that herelnhefom specified, nor to
be occupied In whole or In part by any other pampa; and will rat bring nor
sutler to be brought Into or upon mid premises any substance or force that
will Increase the hazard of fire In or on mfr premises. and will not permit
liquor to be sold at wholesale or retell, or consumed on the proposes; well
not sublet mid premiss: or any part thereof, eor assign this Leine, wnheut
In each casa, the written cad "t of LESSOR first obtained; and will not
Permit any transfer by ogre on of law of LESSEES Interest In mfr propo,
as. LESSEE shall not use the premises for any un oylul purpose or in any
way that will Injure the rets"lon of the same, or disturb the neighborhood;
and will not permit any substantial alteration of or upon any pad of said
demised prepos", nor allow any sign or placed posted or placed thereon,
except by written consent of LESSOR unless otherwlse provided In mid
written con con. The lights of the Western Four (4) Balnbtle w01 not be utF
Iliad.
6. LESSEE will Pay all utility expeness, together wRh all water and new.
or, levied a Warped against said prembm (exDW wade for IM dylmming
pool until LESSOR repairs the leak to LESSEES Wistapia) for and dur.
Ing the term for which this Lea" Is granted. Any •mounts so paid by
LESSOR and any amounts paid by LESSOR to keep mid premises In a
dean, sets and healthy condition as her.mbefore specdbd, or to make up
any default on LESSEE'S pad to fulfil LESSEE'S ooyments Mreln written,
are hereby agred ad declared to bs m much additional rent ad shall he
due and payable with the next Installment of hard due thereafter upon this
Leese.
T. LESSEE mall have the fallowing duties with ,dean. to said prams,
e¢
.) to keep said parts. clean, as dialed herein;
b) to dispose from the Ieasd premise. all rubbish, garbage and other
waste, in a clean and sanitary manner;
c) to properly use, operate, maintain and replace, If reasonably necee-
sary, the facilities hereby demised Including. but rat IInded to, all a wlor
and Interior portions of the recreation fa.lnb0. all electrical. go% plumbing,
hating and con ng equipment thereon as well r that portion or the parking
lot canon Is pad of the deposed premises;
d) to maintain the grounds of the lamed premises in a clean, safe and
sanitary contldicn, Including all mowing of the press and maintenance of
the tlemimd a1Natk Wide theroot;
a) to amumo and be solely responsible for the planning, development,
safety, supervision, and other program aspects d their recreational pro-
grams
S. LESSEE will deliver up and surrender to the LESSOR possession of
the prompt" hereby bleed upon the expiration of this Les. or its termina-
Ron In any way, M as god condition and r. "Ina as IM cams shell a at the
commencement of said term (ter by fire and ordinary wear and decay Only
excepted) and delivw the keys at the office of the LESSOR or LESSOR'S
agent.
9. LESSOR may have Ire..... to the promisee at all reasonable
times for the purpose of examining the same
10. LESSEE mall provide LESSOR with a written notes d No proposed
uses d the wam." at least thirty (30) days In advance thereof. LESSEE
may authorize the City of Owosso. Oklahoma, to use rid promisee el
Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma, Ju4
11, 1888.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 627
A SPECIAL NON - EMERGENCY ORDINANCE RELATING TO THE
LEASE OF RAYOLA PARK RECREATION CENTER AND APPUR-
TENANT FACILITIES, APPROVING SUCH LEASE ATTACHED AS
f EXHIBIT 'A' HERETO AND DECLARING AN EFFECTIVE DATE.
the City Council of the City of Owasso, Oklahoma, Is
sing the Raycla Park Recreation Caller and appurtenan'
;.,done. with the term. and conditions act forth on th.
FACILITY LEASE AGREEMENT, • copy thereof being
made a pad hereof, and marked as Exhibit 'A'; and,
uderthe provisions of Section 4 -3 of the Charter of the Cpl
dahoma, the onto of any City properly, real or personal
c utilities, or of any Interest therein, the value of which It
ODO.M. may be made only (1) by authority of an aHlrmpin
yclthe flied elections of the City who vote on the qua
g or Mhdzing the sate at an election, or (2) by authority o
mar.enw OMin..: and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OI
THE CITY OF OWASSO, OKLAHOMA, that, to-wX:
,.' SECTION 1, The Recreation Facility Lear Agreement attached hereto
made a part hereof and marked as Fxhibit'A', relating to the leasing of the
Ratings Park Recreation Crier and appurtenant facilities a, and the rr
hereby b, approved.
SECTION 2. This ordinarroe mall be ral to a vote of the electors o
„1st CRY X a sufficient lawful rddedum pethion Is properly filed within ihd!
^(30) days her its pasrge; othew aa. h shell go into effect thirty (30) day
caner its passage.
PASSED, APPROVED AND ADOPTED by the City C.ndl d the City c
,0., Oldwome this 2nd day of July, 1896.
f /s/ Danny Ewing
�. Danny Ewing, Mayor
(SEAL)
ATTEST:
/N Marcia Boutwell
Mamie Boutwel, CIry Clark
APPROVED AS TO FORM:
/d Ronald D. Cat"
Ronald D Cates, Cry Attorney
EXHIBIT A
RECREATION FACILITY LEASE AGREEMENT
THIS LEASE, mad. at Owasso, Oklahoma, on the day Of
, 1996, by and between the CITY OF OWASSO. OKLAHOMA, an Okla
home municipal mrpoalbn, its succan a me and "signs, heainaBer cafe
'LESSOR', and THE YOUNG MEN'S CHRISTIAN ASSOCIATION Oi
GREATER TULSA, hereinafter called 'LESSEE'
W ITN E SS ET H:
That LESSOR does hereby Id and base unto LESSEE the Promises end
usld in the Cry of Caroni County of Tulae and Slate d Oklahoma, an
lurther demdbd as folowa
Rwola Recreation Center and Appurtenant Facilities consisting of th
_• Western Four (4) Seaplane hereinafter referred to m'recreatbW facility
Said premise. we to be used and occupid for recreational purpora on!
LESSEE, for no additional consideration, Weil be allowed to i idze the to
. (2) eastern (front) "hall folds when same are not dherwlas schdubtl fN
use by or through LESSOR. Such fields shall become part of the here[
-. demisd premises when used by LESSEE. It Is the Intent of the padre
hereto that the two (2) modem (from) wNpol fbkic are to become a perm
nent aged ot the demlaed promi "e when the parties find n to be approval
antl Nits pertba will review thla statue annually. The swimming no opera
ad by LESSEE antler a prior agreement will coon"' a pad of tlamise
premises on the depute date hared. The'amised premises shell ale
Indutle that ae -al (1/2) d the Parkbg OR dlacaM to this facaity.
To have and to hob uMO LESSEE tar tits term of ten (10) years, ooh
men a lit tor day of July , 1'86, and ending on the "IN dry d Jun.
2006, upa Nita covaaMe end saga "menu heroin set forth.
1. The LESSEE hereby covwumps ad agrees to pay to the LESSOR e
gent for mid Premises tludg the rid term, the sum of One Hundred Dc
we antl on
a ($100.00) at is Dollars and no/ WOS ($10.00) par yea
peyabla on the 1 d day d July, 1986, and a Ilk. sum a the id tlay d Ju
each year there alter during the term her "1. b edtlitlaal rental payabi
hereunder LESSEE covenanb with LESSOR that within one (1) yew fro
the Inception of this lease LESSEE will expend an amount of money, m
lea than Two Hundred Fifty Thousand Dollars ($26,00).00), for ..pit
Im,mements to, on or upon the recreational Imply, hereby dembd. Sul
capital Improvements must, In accordance with Oklahoma Law, L
e Wesigned by and cadlid to by a duty Registered Atchison In the Slate
...�_ _� ...,._........,....�a.....,..,v d a. —.Hot Imerwemenb here
the City of Owasso. Oklahoma, for its approval, out
the Pudk Compd9ive Bidding Add 1974.61 O.S. 9 101 d seq.
Cadruotion of the recreational facility capital Improvements Well be if
ads obligation and responsibility Of the LESSEE. Sue reoreailond twill
apal Improvements shah a moompllehd In s workmanlike manner or