HomeMy WebLinkAboutSouth County Outreach AssociationA-_?, 1-7
LEASE AGREEMENT FOR USE OF CITY OWNED
PROPERTY
This Lease, made and entered into this, the day of vL ` ,
2008, by and between the City of Auburn, whose address is 25 West Main Street in
Auburn, Washington (hereinafter called the "City"), and the South County Outreach
Association, a non profit organization, whose address is PO Box 276, Kent, Washington
(hereinafter called "SCOA").
WITNESSETH:
WHEREAS, the City is the fee owner of certain real properties being, lying and
situated in King County, Washington, such real property having a street address of 8 First
Street SE, Apts. #7, #9, #11, and 122 South Division Street located in Auburn, WA
98002 (hereinafter referred to as the 'Premises").
WHEREAS, the City desires to lease the Premises to SCOA upon the terms and
conditions as contained herein; and
WHEREAS, SCOA desires to lease the Premises from the City on the terms and
conditions as contained herein;
WHEREAS, SCOA is in need of the housing for victims of domestic violence in
the Auburn and Kent areas, and
WHEREAS, the City Council of the City has provided support to SCOA through
its City Staff, as well as the provision of other types of support; and
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the City and SCOA hereto agree as follows:
1. Use of Premises. The City hereby offers the use of the Premises for SCOA to use
for the purpose of providing temporary housing to victims of domestic abuse.
2. Term. The term of this lease shall be on a month-to-month basis however; either
party shall provide the other party with a minimum of 30 days advance notice of
cancellation.
3. Lease Payments. SCOA will pay ONE and NO/100THS DOLLAR(S) monthly
to the City for use of the Premises.
4. Entry by the City. The City shall have the right at reasonable times in non-
emergency situations to enter and inspect the Premises.
5. Maintenance, Cleaning, Repair and Utilities. SCOA shall maintain the
Premises in good repair and tenable condition during the term of this lease so the
Premises shall be in a condition as good as or better than its condition at the
commencement of the Lease. SCOA shall make all repairs and replacements,
whether structural or non-structural, necessary to keep the Premises safe and in
good working condition, including all utilities, building and other building
systems serving the Premises.
SCOA shall pay when due the costs of natural gas, heat, light, power, sewer
service, water, refuse disposal and other utilities provided to the Premises.
6. Insurance. SCOA shall maintain Commercial General Liability insurance in full
force and effect during the term of the Lease to cover its obligations at a level of
not less than $1,000,000, and shall name the City as an additional named insured
thereunder. SCOA shall furnish the City a certificate of such insurance annually
at the time of this Lease Agreements signing. Insurance shall be written on
Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover
premises and contractual liability. The City shall be named as an insured on
SCOA's Commercial General Liability insurance policy using ISO Additional
Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute
endorsement providing equivalent coverage.
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Commercial General Liability insurance: SCOA's insurance
coverage shall be primary insurance as respect the City. Any Insurance, self-
insurance, or insurance pool coverage maintained by the City shall be excess of
SCOA's insurance and shall not contribute with it. SCOA's insurance shall be
endorsed to state that coverage shall not be cancelled by either party, except after
thirty (30) days prior written notice by certified mail, return receipt requested, has
been given to the City.
The City shall maintain liability insurance in full force and effect during the term
of the Lease to cover its obligations.
7. Indemnification. SCOA shall indemnify and hold the City and its agents,
employees, and/or officers, harmless from and shall process and defend at its own
expense any and all claims, demands, suits, at law or equity, actions, penalties,
losses, damages, or costs, of whatsoever kind or nature, including attorney fees,
brought against the City arising out of, in connection with, or incident to the
execution of this Agreement and/or SCOA or SCOA's tenant's performance or
failure to perform any aspect of this Agreement, except for any claims arising from
the sole negligence of the City, its agents, employees, and/or officers. No liability
shall attach to the City by reason of entering into this Agreement except as expressly
provided herein.
Waiver of Subrogation. SCOA and the City hereby mutually release each other
from liability and waive all right of recovery against each other for any loss caused
by fire or other perils which can be insured against under property insurance
contracts including any extended coverage endorsements thereto which are
customarily available from time to time in the State of Washington, provided, that
this paragraph shall be inapplicable to the extent that it would have the effect of
invalidating any insurance coverage of SCOA or the City.
9. Compliance with Regulations and Laws. The parties shall comply with all
applicable rules and regulations pertaining to them in connection with the matters
covered herein.
10. Assignment. The parties shall not assign this Agreement or any interest, obligation
or duty therein without the express written consent of the other party.
11. Attorneys' Fees. If either party shall be required to bring any action to enforce any
provision of this Agreement, or shall be required to defend any action brought by the
other party with respect to this Agreement, and in the further event that one party
shall substantially prevail in such action, the losing party shall, in addition to all
other payments required therein, pay all of the prevailing party's reasonable costs, in
connection with such action, including such sums as the court or courts may adjudge
reasonable as attorney's fees in the trial court and in any appellate courts.
12. Notices. All notices and payments hereunder may be delivered or mailed. If mailed,
they shall be sent to the following respective addresses:
To SCOA: To the City:
South County Outreach Association City of Auburn
PO Box 276 25 West Main
Kent, WA 98035 Auburn, WA 98001-4998
Attn: Michael Hursh Attn: Pete Lewis
Phone: (253) 833-7449 Phone:(253) 931-3000
FAX: (253) 833-7449 FAX (253) 931-3053
or to such other respective addresses as either party hereto may hereafter from time
to time designate in writing. All notices and payments mailed by regular post
(including first class) shall be deemed to have been given on the second business day
following the date of mailing, if properly mailed and addressed. Notices and
payments sent by certified or registered mail shall be deemed to have been given on
the day next following the date of mailing, if properly mailed and addressed. For all
types of mail, the postmark affixed by the United States Postal Service shall be
conclusive evidence of the date of mailing.
13. Nondiscrimination. Each of the parties, for itself, its heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree that it will comply with pertinent statutes, Executive Orders and
such rules as are promulgated to assure that no person shall, on the grounds of race,
creed, color, national origin, sex, age, or the presence of any sensory, mental or
physical handicap be discriminated against or receive discriminatory treatment by
reason thereof.
14. Compliance with Laws, Hazardous Substances. SCOA shall at its cost, obtain
all permits, licenses and approvals necessary or appropriate for the conduct of its
business as herein specified. SCOA shall not use the Premises nor shall the
Premises be used, in whole or in part, during any portion of the Term for any
purpose or use in violation of, and SCOA shall comply with, any and all, present
and/or future laws, ordinances, regulations or rules of any public authority,
including but not limited to the Americans with Disabilities Act and any similar
federal or state laws relating to the manner and use of the Premises.
Except for small quantities stored and used in accordance with the applicable law,
SCOA shall not keep within, on or around the Premises for use, disposal,
treatment, generation, storage or sale any substances designated as, or containing
components designated as, a hazardous, dangerous, toxic material or substance or
any material or substance that is subject to regulation under any local, state or
federal law, statute, ordinance or regulation pertaining to health, hygiene, safety
or the environment or substance that is otherwise subject to such regulation as
hazardous, dangerous, toxic or harmful (collectively "Hazardous Substances").
SCOA shall be solely responsible for and shall defend, indemnify and hold the
City and any successors-in-interest to the City, including any lender of the City,
and their respective agents and employees harmless from all claims, costs,
damages, damage, liabilities, including attorneys' fees and costs, arising out of or
in connection with SCOA's breach of its obligations contained in this paragraph
or arising out of or in connection with removal, clean-up or restoration deemed
reasonably necessary by any governmental entity or the City to remove, clean-up
or restore any portions of the Premises as the result of Hazardous Substances
used, disposed, treated, generated or stored by SCOA. SCOA's obligations under
this paragraph shall survive expiration and termination of the Lease.
15. Miscellaneous. All of the covenants, conditions and agreements in this Agreement
shall extend to and bind the legal successors and assigns of the parties hereto.
16. This Agreement shall be deemed to be made and construed in accordance with the
laws of the State of Washington jurisdiction and venue for any action arising out
of this Agreement shall be in of the county in Washington State in which the
property or project is located, and if not site specific, then in King County,
Washington.
17. The captions in this Agreement are for convenience only and do not in any way
limit or amplify the provisions of this Agreement.
18. SCOA shall comply with all applicable Federal, State, Municipal, and Local Laws
and Rules, Orders, and Local Ordinances and Regulations in the occupation, use,
and operation of the Premises.
19. If any term or provision of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be held to be invalid or unenforceable by a final
decision of any court having jurisdiction on the matter, the remainder of this
Agreement or the application of such term or provision to persons or circumstances
other than those as to which it is held invalid or unenforceable shall not be affected
thereby and shall continue in full force and effect, unless such court determines that
such invalidity or unenforceability materially interferes with or defeats the purposes
hereof, at which time the City shall have the right to terminate the Agreement.
20. This Agreement constitutes the entire agreement between the parties. There are no
terms, obligations, covenants or conditions other than those contained herein. No
modifications or amendments of this Agreement shall be valid or effective unless
evidenced by an agreement in writing signed by both parties.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
South County Outreach Association
By: t;tt,i &"& S-6
Its: f,-xCG. ()ike rfo/?
Ci o
Peter B. Lewis, Mayor
Attest: Attest: 71e4?-
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City Clerk
Approved as to form:
Attorney: SCOA
ttorney: D eid, City of Au