HomeMy WebLinkAbout4539
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ORDINANCB HO. 4 5 3 9
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AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN
THE CITY OF AUBURN AND AUBURN YOUTH RESOURCES PURSUANT TO
ORDINANCE NO. 4421.
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THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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section 1. The Mayor and City Clerk of the City of
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Auburn are herewith authorized to execute a Lease, Agreement
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between the city of Auburn and Auburn Youth Resou.rces to
provide block funding to Auburn Youth Resources approved
pursuant to Ordinance No. 4421 to provide a facility to serve
low and moderate income residents of the City of Auburn. A
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copy of said Agreement denominated as Exhibit "A" is attached
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hereto and incorporated herein.
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Section 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
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out the directives of this legislation.
Section 3. This Ordinance shall be in force and take
effect five (5) days from and after its passage, approval and
publication, as provided by law.
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Ordinance No. 4539
December 19, 1991
Page 1
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ATTEST:
INTRODUCED:
J- h- 9~
PASSED:
J- (0- 93-
APPROVED:
J-0-9¿).
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1-g'-9d-.J
é(1: p 1ìI~
RfJt;iuü)JJ1lJú j /b'-,
Robin Wohlhueter,
city Clerk
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APPROVED AS TO FORM:
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sttr/:/!1~
City Attorney
PUBLISHED:
I-I/)¡' 9a--
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Ordinance No. 4539
December 19, 1991
Page 2
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LEASE AGREEMENT
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THIS AGREEMENT
~JIf¡J)1J '
ereinafter referred
(tlfi.....L day of
is entered into
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this
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the
ci'ty of AUburn
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to as the CITY"
and
"'AUBURN YOUTH
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RESOURCBS" hereinafter referred to as ItAYR".
The subj ect of
8 this Agreement is real property to be improved to meet
9 appl icable municipal code requirements. Said reall property is
10 located in the City of Auburn, Washington, and described as
11 set forth in Paragraph 1 of this Agreement.
12 WHEREAS, the CITY is a political subdivision of the State
13 of Washington, organized and existing under the, laws of the
14 State of Washington; and
15 WHEREAS, the CITY and AYR desire to provide a facility to
16 be used as a facility serving primarily low and moderate
17 income residents of Auburn, and to be located on property
18 presently owned by AYR; and
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WHEREAS, the CITY has received Community Development
20 Block Grant funds during fiscal year 1990 for the purpose of
21 carrying out eligible community development activities,
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including
of
neighborhood
construction
improvement
and
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Lease Agreement Auburn Youth Resources
Exhibit "A" Ordinance No, 4539
December 19, 1991
Page 1
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facilities designed to provide services for thE! local area;
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and
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WHEREAS, under the regulations of the Department of
Housing and Urban Development (HUD) for Community Development
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Block Grants, 24 CFR a 570.20l(c), facilities c.onstructed or
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rehabilitated or purchased with block grant funds must be
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publicly owned; and
WHEREAS, a leasehold interest in the subj ec't property on
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behalf of the CITY is necessary to establish 1:he necessary
public ownership in the facility to be constructed or
rehabilitated; and
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NOW, THEREFORE, in consideration of their mutual promises
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hereinafter contained, the parties agree as follows:
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1. PrODertv Leased and Term. AYR hereby leases to the CITY
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for a term of twenty (20) years beginningr on December
23, 1991 and ending on December 22, 2011, 'the following
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described real property, including structures and other
improvements located thereon, situated in the City of
Auburn, County of King, State of Washington:
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Lease Agreement Auburn Youth Resources
Exhibit" A" Ordinance No. 4539
Decernber19, 1991
Page 2
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Lot 8 Lloyd A Knowles 3rd ADDITIOH as
recorded on Volume 49 of Pl.ts, paqe "
records of ltinq county W.shinqton si tUllted
in section 19 Township 21 Horth Ranql. 5
BD, City of Auburn, county of ltinq, st,.t.
of Wasbinqton.
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The above described real property, including structures
and other improvements located thereon, are hereafter
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referred to as "PREMISBS".
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2. PurDose of Lease. The purpose of this Lease Agreement
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is to establish a property interest in the CITY
sufficient to satisfy the HUD Block Grant Regulations,
contained at 24 CFR a 570.201(c), which require that
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Block Grant projects involving eligible public works and
facilities to be publicly owned; and to provide citizens
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of the CITY with a facility financed with federal block
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grant funds.
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3. Consideration of City.
The CITY agr ~es to make
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available to AYR the sum of $35,000 in federal block
grant
funds
for construction of nec'essary site
improvements pursuant to that certain Block Grant
Project Agreement entered into by the parties on
November 5, 1990, which Agreement and all of its terms
are hereby incorporated by reference as if fully set
forth herein.
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Lease Agreement Auburn Youth Resources
Exhibit "A" Ordinance No. 4539
December 19, 1991
Page 3
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4. Purchase of IIIDrOy_ents.
AYR shall contract for
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purchase of site under the terms and conditions of that
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certain Block Grant Project Agreement between the
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parties dated November 5, 1990, for the, purpose of
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providing a facility which will become part of the
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CITY's Community Development Block Grant Program.
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5. ODeration and Maintenance of the Facility.
AYR shall
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operate the facility located on the PREMIS:!:S during the
term of this Lease Agreement for the purpoi5e of a youth
shelter, as set forth in that certain Block Grant
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project Agreement between the parties dated November 5,
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1990.
If for any reason AYR discontinues operation of
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the facility during the first five (5) years of the
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lease, then the CITY shall be entitled to reimbursement
from AYR of the full amount made available from the CITY
of Auburn Community Development Block Grant funds in the
amount of $35,000. If for any reason AYR discontinues
operation of the facility after the initial five (5)
year period of the lease, then the CITY shall be
entitled to reimbursement in an amount '~qual to the
consideration stipulated in Paragraph 3 of this
Agreement times the ratio of the remaining years on the
------------------.------------------------------------------
Lease Agreement Auburn Youth Resources
Exhibit "A" Ordinance No. 4539
December 19, 1991
Page 4
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Term to the entire Term.
AYR shall be responsible for
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maintenance of the PREMISES in such condition as to
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promote use of the PREMISES as a Youth Shelter facility.
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The CITY shall have no obligation regarding operation or
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maintenance of the facility or PREMISES.
6. ReDairB and Alterations.
A. AYR may at its expense make such addi.tions to the
structure and improvements on the PREMISES as it may
desire from time to time for the proper and efficient
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operation of the PREMISES for the uses and purposes
contemplated in this lease.
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B. All repairs, renovations, alterations and additions
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shall conform to the applicable state and local laws,
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including building codes.
C. The CITY shall have no obligation to make repairs or
alterations to the PREMISES.
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7. Access.
The CITY shall allow AYR or AYR agents free
access at all times to the PREMISES for the purpose of
conducting activities permissible under this Lease
Agreement and for the purpose of inspection or making
repairs, additions, or alterations permissible under
this Lease Agreement.
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Lease Agreement Auburn Youth Resources
Exhibit "N Ordinance No. 4539
Deceßlber 19, 1991
Page 5
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8. Taxes and Assessments. AYR shall pay on a current basis
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all taxes or assessments levied on its rleal property,
personal property, or activities:
~ovided, that
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nothing contained herein shall modify the right of AYR
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to contest any such tax or assessment, and AYR shall not
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be deemed to be in default of this Lease Agreement so
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long as it is, in good faith, contesting the validity or
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amount of such tax or assessment. AYR sh¡Ül apply for
all appropriate tax exemptions. The CITY shall not in
any case be held liable for any taxes or assessments.
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9. Hold-Harmless. AYR agrees to protect and :save the CITY
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and its elected and appointed officials,. agents and
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employees, while acting within the scope of their
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official duties as such, harmless from and against all
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claims, demands and causes of action of any kind or
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character, including the costs of defense thereof,
arising in favor of AYR, its employees or 'third parties
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on account of but not limited to personal injuries,
death or damage to property arising out of the PREMISES
or in any way resulting from and/or by the actions or
omissions of the agents, employees or representatives of
AYR.
If the CITY will be joined in any suit or action
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Lease Agreement Auburn Youth Resources
Exhibit "A" Ordinance No. 4539
December 19, 1991
Page 6
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wherein events are alleged as falling within the scope
of this paragraph, the CITY shall have the right to
tender such suit or action to AYR, and AYR shall defend
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the CITY at the expense of AYR.
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10.
Insurance. AYR shall obtain and maintain. continuously
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public liability insurance with limits of liability not
less than five hundred thousand dollars ($500,000)
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combined single limit personal injury and property
damage insurance.
The insurance shall include the CITY as an additional
insured and will not be reduced or cancell,ed without 30
days written prior notice to the CITY.
AYR shall
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provide a certificate of insurance, or, upon written
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request from the CITY, a duplicate of the policy as
evidenced of insurance protection provided.
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Hondiscrimination.
AYR shall comply with all
applicable Federal, state and local laws regarding
nondiscrimination, including, but not limited to, the
nondiscrimination provisions
incorporatE!d by
that
certain Block Grant Project Agreement between the
parties dated November 5, 1990.
AYR covenants and
agrees, as a covenant running with the land, that no
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Lease Agreement Auburn Youth Resources
Exhibit "A" Ordinance No. 4539
J)ecember19,l991
Page 7
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person shall be denied, or subjected to discrimination
in receipt of the use of the PREMISES or the benefit of
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any services or activities made possible :by this LEASE
Agreement on the grounds of race, color, creed, national
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origin, marital status, age, sex or the presence of any
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sensory mental or physical handicap.
In all employment
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made possible by this Lease Agreement, there shall be no
discrimination on any of the aforementioned: grounds, and
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this requirement shall include the sele.:::tion of any
contractors and subcontractors to perform work on the
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facility. violation of this Paragraph 11 is a material
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and substantial breach of this Lease AgrE'ement and is
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ground for enforcement of any remedy available at law
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under the Agreement.
Assiqns and Successors.
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All agreement!;, conditions
and undertakings herein contained shall extend to and be
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binding on the representatives,
executors,
heirs ,.
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administrators, successors and assigns of respective
parties thereto as if they were in all cases named.
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Costs and Attorneys' Pees.
If either party shall
commence suit to enforce any term or condition or
covenant herein, or in any other action for relief
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Lease Agreement Auburn Youth Resources
Exhibit"N Ordinance No. 4539
December 19, 1991
Page 8
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against the other, declaratory or otherwisE!, arising out
of this Lease Agreement, such suit shall be brought in
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King County and each party shall bear the E!xpense of its
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attorney's fees and costs of suit at be,th trial and
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appellate level.
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14.
Hotice. Any notice or communication herE!Under, except
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legal notices, shall be in writing and may be given by
registered
certified
mail.
notice
The
or
or
communication shall be deemed to have bE!en given and
received when deposited in the United states Mail,
properly addressed with postage prepaid.
If given
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otherwise, it shall be deemed to be given ~~en delivered
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to and received by the party to whom addJressed.
Such
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notices and communications shall be given t,o the parties
hereto at their following addresses:
CITY;
Department of Planning and Community Development
25 West Main Street
Auburn, WA 9800l
AYR;
Dick Brugger, Executive Director
Auburn Youth Resources
816 F Street Southeast
Auburn, Washington 98002
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Lease Agreement Auburn Youth Resources
Exhibit 'N Ordinance No. 4539
December 19, 1991
Page 9
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15.
Surrender of Pr_i.es. At the expiratie,n of the term
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of this Lease Agreement, the CITY agrees tel quit and
surrender said PREMISES toAuburn Youth Resclurces.
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Improvements made to the PREMISES shall bec'ome the
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property of Auburn Youth Resources.
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16.
Termination.
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A. This Lease Agreement shall be automatically
terminated should causes beyond the control of either
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party render fulfillment of the purposes of the
Agreement impossible, subject to paragraph 16(C)
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herein relating to nonperformance by AYR.
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B. In the event of nonperformance or material and
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substantial breach by the CITY, this Agreement may be
terminated upon thirty (30) days written notice to
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the CITY by AYR.
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C. In the event of nonperformance or material and
substantial breach by AYR for a period c)f sixty (60)
days after written notice and demand by the CITY, the
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CITY shall have the right to terminate1:he lease and
invoke its right under Paragraph 5 of this Agreement
to be compensated in an amount eç~al to the
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Lease Agreement Auburn Youth Resources
Exhibit "A" Ordinance No. 4539
December 19, 1991
Page 10
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consideration stipulated in Paragraph 3 of this
Agreement times the ratio of the remaining years on
the Term to the entire Term. The parties agree that
such compensation would constitute a reasonable
measure of the harm suffered by the CITY as a result
of discontinuance of the facility as part of the
CITY's Block Grant Program.
17. Ron-waiver or Derault.
The CITY's failure to take
advantage of any default or breach of any term or
condition of this Lease Agreement by AYR. shall not be
implied or construed to be a waiver thereof.
A
waiver by the CITY of a particular brea,ch or default
shall not be considered continuing as to a subsequent
breach or default of the same nature.
IN WITNESS WHEREOF, the parties hereto hav,~ caused this
written.
Agreement to be executed the day and year first herein above
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CITY 01' AUBURN
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Lease Agreement Auburn Youth Resources
Exhibit "A" Ordinance No. 4539
December 19, 1991
Page 11
(-gq;µ
(! ~: ¡J¿lt~
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ATTEST:
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!?U~hc/t6dl¿llu ~/
Robin Wohlhueter,
City Clerk
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APPROVED AS TO FORM:
stt2~.~
City Attorney
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BY:
TITLE:
ADDRESS:
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Lease Agreement Auburn Youth Resources
Exhibit "A" Ordinance No. 4539
December 19, 1991
Page 12
AUBURN YOUTH RESOURCBS
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STATE OF WASHINGTON )
)ss
COUNTY OF KING )
On this cJ,~(c:l day of .1YJ(['QJYYlbUc.
, 19.7JL before
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me, the undersigned, a Notary Public in and for t,he State of
Washington, personally appeared ßì( kill J3(uq~ .
, to me known to be th.e - - J ìUL.
of AUBURN YOUTH RESOURCES, the non profit corporation who
executed the within and foregoing instrument, and acknowledged
said instrument to be the free and voluntary ac1: and deed of
said non profit corporation, for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute
said instrument on behalf of said non profit corporation.
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IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the date hereinabove set forth.
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. N TARY UBLIC in and for th~^:;;tate of
Washington, residing in. K0Ætr
MY COMMISSION expires: j5-/C¡'"I-)
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Lease Agreement Auburn Youth Resources
Exhibit "N Ordinance No. 4539
December 19, 1991
Page 13
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