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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?- -? City Clerk Approved as to form: Attorney: SCOA ttorney: D eid, City of Au