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Home My WebLink AboutITEM V-Icrnr or # WASHIRIGT0M Agenda Subject: Resolution No. 4654 Date: October 27, 2010 Department: Attachments: Budget Impact: Human Resources Resolution No. 4654 Administrative Recommendation: Council and City Clerk execute Resolution No. 4654 Background Summary: A resolution authorizing the Mayor and City Clerk to execute an amendment to the lease between the City of Auburn and Central Puget Sound Regional Transit Authority S1115-2 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ® Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ® Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑ Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources F-1 Information Services Action: Committee Approval Council Approval: Referred to Tabled ❑Yes ❑No ❑Yes ❑No Call for Public Hearing Until Until / / Councilmember: Backus Staff: Heineman Meetinq Date: November 15, 2010 Item Number: AGENDA BILL APPROVAL FORM Am= RESOLUTION NO. 4 6 5 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF AUBURN AND CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY WHEREAS, the City of Auburn and Central Puget Sound Regional Transit Authority (Sound Transit) entered into a Lease on June 26, 2002, for property known as the Auburn Multimodal Transit Facility located at 25 A Street SW, in Auburn, Washington; and WHEREAS, on January 2, 2008, the City Council approved Resolution 4293 which amended the Lease so as to allocate more parking spaces, as well as more responsibility for associated maintenance and costs, to Sound Transit; and WHEREAS, the City and Sound Transit desire that the lease again be amended so as to further reduce the number of City parking stalls, as well as reduce the City's responsibility and costs for associated maintenance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute a second amendment to the Lease between Resolution No. 4654 October 27, 2010 Page 1 of 3 the City of Auburn and Central Puget Sound Regional Transit Authority dated June 26, 2002, which amendment shall be in substantial conformity with the Second Amendment to Lease attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and signed this day of , 2010. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 4654 October 27, 2010 Page 2 of 3 Resolution No. 4654 October 27, 2010 Page 3 of 3 SECOND AMENDMENT TO LEASE THIS SECOND AMENDMENT TO LEASE (the "Amendment") is made as of this day of November, 2010, between CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority organized under the laws of the State of Washington ("Sound Transit") as Landlord, and the CITY OF AUBURN, a Washington municipal corporation ("City") as Tenant. Sound Transit and City entered into that certain Lease dated June 26, 2002 for the Leased Premises as defined in Section 1.5 of the Lease at the property known as the Auburn Multimodal Transit Facility located at 25 "A" Street SW in Auburn, Washington (the Lease"). For the purpose of this Amendment, all terms defined in the Lease have the same meaning in this Amendment. RECITALS A. The Leased Premises includes City's Parking Spaces, which as defined in Section 1.1 (b) of the Lease means the 180 parking spaces that are outlined on the drawings of the ground through the sixth floor of the Parking Garage and attached to the Lease as Exhibit 1.1 (b). B. Pursuant to Section 3.2 of the Lease, City reimburses Sound Transit for 40% of costs of operating the Parking Garage allocable to Sound Transit's Operating Hours. C. City desires to reduce the number of City's Parking Spaces to 42 parking spaces and return 138 parking spaces to Sound Transit for a cash contribution of one million three hundred twenty nine thousand seven hundred and thirteen and 29/00 dollars ($1,329,713.29) and a reduction in operating expenses. D. Sound Transit is willing to take back the 138 parking spaces effective January 1, 2011. E. Sound Transit and City desire to amend the Lease to memorialize the terms of their agreement. NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, Sound Transit and City hereby agree as follows: 1. Recitals. The Recitals set forth above are incorporated by this reference. 2. City's Parking Spaces. Section 1.1 (b) is hereby deleted in its entirety and replaced with the following: "City's Parking Spaces" means the 42 parking spaces that are outlined on the drawings of the ground floor and second floor of the Parking Garage that are attached hereto as Exhibit 1.1 (b)(2). 3. Parkin Garage Operations. Subsection 3.2 (b), Cost of Operations, is hereby deleted in its entirety and replaced with the following: (b) Operating Costs. Sound Transit shall pay when due the costs of operating the Parking Garage, including but not limited to the costs of the measures, personnel, and contractors Page 1 of 5 described in Section 3.2(a) and as further detailed in the amended Exhibit 3.2(b). Such reimbursement shall, be based upon the proportion of the total Operating Costs, with such proportion to be the ratio of the Parking Stalls leased by the City divided by the total parking stalls in the Parking Facility, with such total costs to exclude any extraordinary expenses associated with specific usage of specific parking stalls not leased by the City. Operating Costs shall exclude any costs associated with security, the correction of any defects in construction, workmanship or design of the Parking Stalls or Parking Facility, and shall also exclude any costs associated with repair or reconstruction after any casualty ("Excluded Costs"). Such payment shall be made within sixty (60) days after receipt of Sound Transit's invoice therefore, which shall be accompanied by a statement in reasonable detail of the amount and purpose of each of the various items of costs, copies, of any underlying billings from third parties and other reasonable evidence of the amount, purpose, and allocation between Sound Transit and city of the various items of cost. Sound Transit shall render such invoices regularly and, in any case, not less frequently than once each three months. City shall have the right on demand to inspect and copy Sound Transit's books and records concerning operation of the Parking Garage and, if applicable, the books and records of any third parry contractor engaged by Sound Transit to provide goods or services in connection with operation of the Parking Garage and City's Parking Spaces. 4. Exhibit 1.1 (b). Exhibit 1.1 (b) is hereby deleted in its entirety and replaced with Exhibit 1.1 (b) (2) attached hereto. Except as amended herein, all other articles, terms, and conditions of said Lease are unchanged and remain in effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year first above written. SOUND TRANSIT: CITY: CENTRAL PUGET SOUND CITY OF AUBURN REGIONAL TRANSIT AUTHORITY By: Agnes Govern Its: Executive Director By: Its: Approved as to Form by: City Attorney Page 2 of 5 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Agnes Govern is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Executive Director of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. Dated: STATE OF WASHINGTON ) )ss COUNTY OF KING ) Notary Public [Printed Name] My appointment expires I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public [Printed Name] My appointment expires Page 3 of 5 Exhibit 1.1 (b)(2) Commercial Tenant Area and City's Parking Spaces L-_.. -1 GROUND FLOOR vao'a riroubct xoims AUBURN STATION PARKING GARAGE COMMMIAL TENANT AREA I~ 1 C Page 4 of 5 BPJME AT THIRD FLOOR 1 SECOND FLOOR v~Lr-o' pRR,EGT NJR77t . AUBURN STATION PARKING GARAGE . Page 5 of 5