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Home My WebLink About5426 ORDINANCE NO.5 4 2 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE EXECUTION of U.S. GOVERNMENT LEASE GS-10PES-OL-0-31 BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF AUBURN FOR RENTAL OF OFFICE AND LIGHT INDUSTRIAL SPACE AT THE GSA FIRE STATION/SHOP BUILDING, GENERAL SERVICES ADMINISTRATION WAREHOUSE COMPLEX, LOCATED AT 2815 "C" STREET S.w., WITHIN THE CITY OF AUBURN, TO BE USED BY THE CITY OF AUBURN FIRE DEPARTMENT FROM JULY 1, 2000 TO JUNE 30, 2005 FOR AN ANNUAL RENTAL FEE OF FIFTY-FIVE THOUSAND ONE HUNDRED SEVENTY-FOUR DOLLARS AND NINETY- TWO CENTS ($55,174.92). WHEREAS, the Auburn City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and WHEREAS, the City of Auburn lease agreement with the United States of America for lease of premises at the GSA for use by the Auburn Fire Department has expired; and WHEREAS, the City of Auburn desires to enter into another lease agreement with the United States of America for lease of premises at the GSA for use by the Auburn Fire Department effective July 1, 2000 with a expiration date of June 20, 2005, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: ---------------------- Ordinance No. 5426 August 3, 2000 Page 1 ._--~-_..,-_.._- - Section 1. PurDose. The Mayor and City Clerk of the City of Auburn are authorized to execute U.S. Government Lease GS-10PES-OL-0-31 between the United States of America and the City of Auburn for the rental of office and light industrial space at the GSA Fire Station/Shop Building, General Services Administration Warehouse Complex, 2815 "C" Street S.W., within the City of Auburn for use by the Auburn Fire Department effective July 1, 2000 through June 30, 2005 for an annual rental fee of Fifty-Five thousand one hundred seventy-four dollars and Ninety-two cents ($55,174.92). A copy of said lease agreement is attached hereto as Exhibit "1" and incorporated herein by this reference. Section 2. Constitutionality or Invalidity. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that anyone or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. ---------------------- Ordinance No. 5426 August 3, 2000 Page 2 Section 3. ImDlementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: August 7, 2000 PASSED: Auqust 7 , 2000 APPROVED: Auqust 7 , 2000 ~ ~. ßo,-+º CHARLES A. BOOTH ---------------------- Ordinance No. 5426 August 3, 2000 Page 3 ATTEST: ~L~ 'Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ~ Michael J. Reynolds, City Attorney Published: ;(--11-00 ---------------------- Ordinance No. 5426 August 3, 2000 Page 4 '" U. S. GOVERNMENT LEASE OF REAL PROPERTY 1. THIS LEASE entered into in accordance with the Cooperative Use Act, 40 U.SC. 490 (a)(16), by and between the United States of America, hereinafter called Lessor, and CITY OF AUBURN. hereafter called the Lessee, whose address is, 25 WEST MAIN STREET. AUBURN. WA 98002, to use and occupy the property hereinafter described under the terms and subject to the conditions contained herein. 2. WITNESSETH: The Lessor hereby leases to the Lessee the following described premises: Approximately 3,115 square feet comprised of office, kitchen and quarters; 6,438 square feet of light industrial area, including use of parking and truck maneuvering areas, and common areas of egress and ingress on the north, east and south side of the 815 Building, 2905 "C" Street SW, Auburn, WA 98001-7412. Twelve (12) assigned parking stalls (3,600 sf) are included as a part of this lease. To be used exclusively for the following purpose(s): operation of a 24 hr fire department, including emergency medical response, special services, and police dept. personnel anû equipment 3. TO HAVE AND TO HOLD the premises with their appurtenances, beginning, Julv 1. 2000, and ending, June 30, 2005. The option to renew for a second five year term commences July 1, 2005, based on current market rates for like space. This agreement will revert to a month-to-month occupancy, pending the negotiated agreement of renewal. Lessee must notify the Contracting Officer, Real Estate, in writing, of intent to renew no later than thirty (30) days prior to expiration of the initial lease. may be renewed at the option of the Lessee, providing that thirty (30) days written notice is given prior to the end of the fixed term. 4. The Lessee shall pay the Lessor an annual rental of $55.174.92 (Fiftv five thousand one hundred seventv four dollars and 92/100), payable at the rate of $4.597.91 (Four thousand five hundred ninety seven dollars and 91/100), per month in advance. Rent for part of a month shall be prorated. All payments shall be made payable to the General Services Administration, and shall contain the lease number for identification purposes: GS-10PES-OL-0-31. All payments are to be paid by check or money order and mailed to the OFFICE OF FINANCE. GENERAL SERVICES ADMINISTRATION. P. O. BOX 70697. CHICAGO. IL 60673. to be received on or before the first day of each month. Address for the receipt of rental checks only, all other correspondence to be submitted to the Contracting Officer. 5. The Lessor shall furnish the Lessee under the terms of this lease services and utilities as follows: Utilities as currently in place and operable; janitorial and maintenance services, with related supplies. Utilities for normal business are provided for an eleven (11) hour day, five (5) days a week. Regulariy scheduled overtime usage that extends beyond the eleven hours, on weekends, or federal holidays, shall be paid for by the Lessee on a quarterly basis upon receipt of the invoice from ¡he Lessor. All trash removal services shail be the responsibiiity of the Lessee and shail be performed to the satisfaction of the Lessor. Carpet cleaning/replacement shall be the responsibility of the Lessee. Water consumption costs for training purposes shall be paid for by the Lessee upon receipt of invoice from the Lessor. If heat or air conditioning services are provided under this lease, the Lessor agrees to maintain temperatures in the demised premises in accordance with current Lessor standards for its buiidings. In the event of a fuel shortage, where the Lessor is required to cut back or curtail fuel consumption the Lessee agrees to accept heating or air conditioning at whatever level is available. 6. The following paragraphs were deleted before execution of this lease: Paragraph J, City of Auburn is self-insured. 7. The following paragraphs or documents were incorporated before execution of this lease: Exhibit A 8. Space offered is accepted "as is". Any alterations/changes to assigned space are at the sole expense of the Lessee, with prior approval of plans and acceptance by the Lessor or designated representative, to ensure building standards are met. Any such structures constructed become the property of the Lessor, with restoration/removal at the discretion of the Lessor. Lessee shall have the right to install and maintain a business identification sign of appropriate size and style, located on the east side of the facility. Maintenance of the emergency response lane shall be the responsibility of the Lessee. Antennas/satellite dishes are allowed via the permit process oniy, with said permit issued by the Property Manager. No vehicle washing is permitted on non-pervious areas of the complex 9. The Lessee shall be subject to all Federal Property Regulations and Rules of Occupancy that apply to Federal tenants. 10. The Lessor/Lessee may terminate this lease at any time by giving at least one hundred eiahtv (180) davs notice, in writing to the Lessee/Lessor, and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the date of maiiing by either the Lessor/Lessee. 11. Lessor shall provide keys to faciiity space and magnetic key cards for warehouse gate access on a twenty-four (24) hour basis, seven (7) days a week. A fee of $15.00 per magnetic card key will be assessed for each card lost or not returned to the Lessor at the expiration of the lease term. 12. Lessee is placed on notice that use/occupancy of non-leased/unassigned space or wareyard, shall be grounds for assessment of non-negotiable renal charges, equal to the existing square footage market rate, for each day the space or wareyard is occupied. GSA will require payment within thirty (30) days of written notification of such charges. III II ; I TERMS AND CONDITIONS A Lessee has inspected and knows the condition of the leased premises and agrees to accept same in its "as is" condition It is further understood that the leased premises are hereby leased without any additions, improvements or alterations thereto. B, Lessee,shan not make any additions, improvements, repairs, or alterations to the leased premises without the prior written consent of Lessor in each and every instance. c. The lessor shall, except as otherwise specified herein and except for damages resulting from the act or negligence of the Lessee, his agents, employees, maintain in good repair and tenantable condition the demised premises, including the building and any and all equipment, fixtures, and appurtenances, whether severable or nonseverable, furnished by the Lessor under this lease. D. Lessee shall use reasonable care in the occupation and use of the leased premises. Upon the expiration or termination of this lease, Lessee shall vacate the leased premises, remove his property therefrom and forthwith yield and place Lessor in peaceful possession of the leased premises, free and clear of any liens, claims, or encumbrances and in as good condition as the leased premises existed at the commencement of this lease, ordinary wear and tear excepted. E. Lessor shall not be responsible for damage to property or injuries to persons, which may arise from or be incident to the use and occupation of the leased premises, nor for damages to the property or injuries to the person of Lessee or of others who may be on said premises at Lessee's invitation and Lessee shall hold Lessor harmless from any and aU claims for such damages or injuries. F. Lessee shall comply with all applicable Municipal and State Laws, ordinances and regulations; and obtain and pay for all licenses and permits as may be required. G. Lessee agrees not to use the leased premises in any way which, in the judgment of the Lessor poses a hazard to the Lessor, the leased premises, other Lessees, or the building in part or whole, nor shall Lessee use the leased premises so as to cause damage, annoyance, nuisance or inconvenience to the building occupants or others. H. Lessee, Lessee's agency, employees, invitees or visitors, shall comply fully with all Rules and Regulations Governing Public Buildings and Grounds as now posted or subsequently amended. I. The Lessor reserves the right to enter the leased premises at all reasonable hours to inspect it, exhibit same or to make such repairs, additions or @Ite~atìons as Lessor cQnsiders necüssary for the safety, improvement or preservation of the Lessee's premises or any part thereof. J. Unless otherwise specified herein, Lessee shall, without expenses to the Lessor and to the satisfaction of the Lessor, obtain and carry public liability insurance coverage for third party bodily injury liability with limits of liability for bodily injury and third party property damage liability in the amounts specified by the General Services Administration Contracting Officer. A certified copy of the policy with endorsement, manually countersigned, shan be furnished the Lessor within 15 days from the date of.execution of this lease. The policy for general third party liability shall include an endorsement naming the United States of America, as an additional insured. The policy shall include the following endorsement: "It is a condition of this policy that the insurance company shall furnish written notice to the General Services Administration, Contracting Officer. in writing, thirty (30) days in advance of the effective date of any reduction to or cancellation of this policy." K. If the Lessee shall fail to pay the rent herein provided or shall abandon the leased premises or shall fail to observe or perlorm any other conditions, covenants or agreement as herein stated, then the Lessor may, at its option: (a) declare this lease ended and terminated and may reenter the leased premises and remove alt persons or things therefrom, and the Lessee hereby expressly waives all service of any demand or notice prescribed by any statute whatever, and (b) on authority hereby granted the Lessor by the Lessee to dispose of such personal property left in the premises as deemed in the best interest of the United States of America and Lessee shall be liable for such damages as the Lessor may incur. L In the event that a state or local tax is imposed upon the occupancy, use, valuable possession, or valuable leasehold interest of or in the real property hereby leased, the obligation for the payment of the tax will be wholly that of the Lessee. M. No member of or delegate to Congress, or resident Commissioner shall be admitted to any share or part of this lease agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to any corporation or company if the agreement be for the general benefit of such corporation or company. N. The Lessee's name and location may be placed on the building directory, floor directory and/or door plate, if the building is so equipped. No signs of the Lessee shall otherwise be placed inside or outside of the demised premises unless specifically authorized by the Lessor in writing. O. The Lessee warrants that no person or seing agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage. brokerage, or contingent fee except bona fide employees or bona fide established commercial or selling agencies, maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty, the Lessor shall have the right to annul this lease without liability, or in its discretion, to require Lessee to pay in addition to the contract price or consideration. the full amount of such commission, percentage, brokerage, or contingent fee. P. The failure of Lessor to insist in anyone or more instances upon perlormance of any of the terms, covenants, or conditions of this lease shalt not be construed as a waiver or relinquishment of the future perlormance of any such term, covenant. or condition, but Lessee's obligation with respect to such future perlormances shall continue in full force and effect. Q. Any notice or advice to or demand upon Lessee shall be in writing and shall be deemed to have been given or made on the day when it is sent by certified mail to the Lessee's address indicated in paragraph 1, or at such other address as Lessee may hereafter from time to time specify in writing for such purpose. Any notice or advice to or demand upon Lessor shall be in writing and shall be deemed to have been given or made on the day when it is sent by certified mail to the Lessor's Contracting Officer address indicated on the signature page heroin, or at su.:.h other addïess as Lessor's Contracting Officer may hereafter from time to time specify in writing for such purpose. The Contracting Officer is the Lessor's representative and is the only person who has authority to sign or amend the terms or conditions of this lease. R. The Lessee agrees that he will not discriminate by segregation or otherwise against any person or persons because of race, color, creed, sex or national origin in furnishing, or by refusing to furnish to, such person or persons the use of any facility, including any and all services, privileges, accommodations, and activities provided therein S. Except with the prior written consent of Lessor, Lessee shall neither transfer nor assign this lease or any of his rights hereunder, nor sublet the leased premises or any part thereof or any property thereon nor grant any interest, privileges or license whatsoever in connection with this lease. T. Lessee aCknowledges that he acquires no right by virtue of execution of this lease to claim any benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646. U. If the property leased is located in a State requiring the recording of leases, the Lessee shall comply with all such statutory requirements at Lessee's expense. IN WITNESS WHEREOF, the parties hereto have signed and sealed their presents on the date Indicated below Executed this 7th day of August , 2000 . IN PRE~CE OF f::1.~ By ~Áf:2¡,..¡ / í (Witness Signature) Danielle Daskam, City Clerk Accepted on behalf of the UNITED STATES OF AMERICA thIs II t/-. ~:NERA~S_A~~~NI:~d L- ~ LO INE A. PARHAM Title: CONTRACTING OFFICER, Real Estate Services Address: GSA, 400-15th Street SW, Auburn, WA 98001-6599 Contract No. GS-10PES-OL-O-31 L~~J~~ (Signature) Charles A. Booth, Mayor r/J / .-JPrint NamelTiUe) day of ,,&;b;.'ÓH ~~ ,20OV L~: Michael J. Reynolds, City Attorney I ï...r' ..,¡ .~ ;¡ "........- :1 , ~ < ~ ,', ,. .. ~; i' . ! ; " , .: ·f '.! \. .... ~ II "-.,,, V\U -G. ~ ~t\' \j\~ ,-- -_ ____ - - .. '~. 1 - _.~-_._. - -- . 'T -'~e'~ --., ,~ --::.. ;nM'-""I""n'·"Q~1 I --- '.._1____..___ -;~--=-: [[LIDJ -1;1 '. , ,I - ~-=-:-:''''>'''''--rUJ)' _" .L-L. Ir_.. 1....1. : '-1,___ """ '1" ,..- '1 '__0 __. . u .. .\ ..... n ./ i .. -. .--.. ----.-. . \: ..~,.. III ~." Jr. <Y~ \J' I! -I- If .,. '3.)1,: '" c. -,~ ..,," .:.' f· i: ..., ~ I"- I ~'~I _.~ 0f " ·-~11.- I .; ··If· ,..... " .~ \ . , .~,'( ... . ~ . '-\J. .. ""'-.E Ift~ ".. "" . .'. 1 - " ,', :;.. '. :.~ I i ~ '.~ II ~J -. .g. .' I $'. 'j . " - ~~'::-"):~1' í·J¡;)I-. .. " . --..-. -,-' '. '1"--.' :.- ........ '. n _. 1 o:~ ct: 1/ --. I- - m - :c r.1 [ /I A i . . .:'I~ ,_ ~. ,. " GO 'd S99B9SG£OSIS 'ON XVj Wd 90:VO NOW OOOG-LO-Dn~ WA0815KA )k.b5r¿~ GENERAL SERVICES ADMINISTRATION SUPPLEMENTAL AGREEMENT I DATE . PUBLIC BUILDINGS SERVICE NO.1 SUPPLEMENTAL LEASE AGREEMENT TO LEASE NO. GS-IOPES-OL-O-31 ADDRESS OF PREMISES GSA Warehouse Complex 815 Bldg., 2905"e" Street SW, Auburn, WA 98001-7412 , llilS AGREEMENT, made and entered into this date by and between CITY OF AUBURN whose address is 25 West Main Street Auburn, W A 98002 hereinafter called the Lessee, and the UNITED STATES OF AMERICA, hereafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease. NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said Lease is amended, effective January I, 2002 , as follows: This SLA#I (supplemental lease agreement) reflects a change in payment location, therefore, Paragraph 4 and is amended as follows: 4. lbe Lessee shall pay the Lessor an linnual rental of $55,174.91 (Fifty fIVe thousand one hundred sevenly four dollars and 9Zll00), payable at the rate of$4,597.91 (Fonr thousand five hundred ninety seven dollars and 911100), per month in advance. Rent for part of a month sholl be pronted. All payments shall be made payable to the General Services . Administration, and shall contain the outIease number for identification purposes: GS-I0PES-OL-0-31. All payments are to be paid by check or money order and mailed to the OFFICE OF FINANCE, GENERAL SERVICES ADMlNISTRATION, P. O. BOX 845023, DALLAS, TX 75184-5013, for receipt on or before the first day of each month. Db add.... for tile receipt of rental payments 0II1y; with all other coorespondence to be submitted to tile Contracting Officer. All other terms and conditions of the lease shall remain in force and effect. IN WITNESS OF, ~ subscribed their names as of the above date. LESSEE ..;... S f\~ ,-= BY ~ c· . Peter B. Jßì:~ Lewis Mayor, City ofJC(JrKbI:)c Auburn IN p~rrCE OF CiM1erk -// Auburn,WA l\\'t¡d;)¡ OJJ~ 25 W Main St, 98001 ~ (Signature) (Address) UNITED STATES OF AMERICA CONTRACTING OFFICER BY GENERAL SERVICES ADMINISTRATION (Signature) (Official Title) GSA Form 276 (Jul. 67) ø- WA0825K.F GENERAL SERVICES ADMINISTRATION PUBLIC BUILDINGS SERVICE SUPPLEMENTAL AGREEMENT NO.2 DATE OCT 2 7 ;:004 SUPPLEMENTAL LEASE AGREEMENT TO LEASE NO. GS-IOPDE-OL-3-03 ADDRESS OF PREMISES GSA Auburn Complex Whse 2, 2703 "C" Street SW Auburn, W A 98001-7422 THIS AGREEMENT, made and entered into this date by and between CITY OF AUBURN whose address is 25 W. MAIN STREET AUBURN, WA 98001-4998 hereinafter called the Lessee, and the UNITED STATES OF AMERICA, hereafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease. NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said Lease is amended, effective November 1, 2004 , as follows: This SLA #2 ( s~pplementallease agreement) reflects an extension in {}CC\lpancy for an additional one{ 1) year period, therefore, Paragraph 3 is amended as follows: 3. TO HAVE AND TO HOLD said premises with their appurtenances beginning, November 1, 2004, and ending October 31, 2005. This agreement will revert to a month-to-month occupancy, pending a negotiated agreement of renewal, based on current market rates for like space. Lessee must notify the Real Estate Contracting Officer, in writing, of intent to renew no later than thirty (30) days prior to expiration of the initial lease. FEDERAL TAX ID: 91-6001228 All other terms and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, the arties subscribed their names as of the above date. LESSEE/? BY ~- ~ _ ß.- '---- FJle.J::. CH-,eF (Signature) (Title) IN PRESENCE OF 4---"J~z--?'('- / BY CONTRACTING OFFICER GENERAL SERVICES ADMINISTRATION Official Title GSA Form 276 (Jul. 67)