HomeMy WebLinkAbout4655
RESOLUTION NO. 4 6 5 5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
JAIL FACILITY LEASE AGREEMENT BETWEEN
THE CITY OF AUBURN AND THE SOUTH
CORRECTIONAL ENTITY (SCORE)
WHEREAS, the City of Auburn is authorized by Chapter 70.48 RCW to
contract for, establish and maintain correctional facilities in furtherance of public
safety and welfare; and
WHEREAS, pursuant to Ordinance No. 6224 adopted on January 20,
2009, the City entered into an Interlocal Agreement with the cities of Burien,
Des Moines, Federal Way, Renton, SeaTac and Tukwila to form a
governmental administrative agency known as South Correctional Entity
(SCORE) to establish and maintain a consolidated correctional facility to serve
the cities; and
WHEREAS, pursuant to Resolution No. 4324 adopted on March 3, 2008,
the City entered into a Interlocal Agreement for the establishment of a
consolidated correctional facility, hereinafter referred as the SCORE Facility;
and
WHEREAS, the SCORE Facility having now been constructed, it is
appropriate for the City of Auburn to enter into lease agreement with SCORE
for the use of the premises.
Resolution No. 4655
October 28, 2010
Page 1 of 2
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 Jail Facility Lease Agreement between the
City of Auburn and SCORE which agreement shall be in substantial conformity
with the Agreement attached hereto 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 I C ~ , 2010.
Cl OF A
PET R B. EWIS, MAYOR
ATTEST:
Da 'elle E. Daskam, City Clerk
FO
711M A 7:
iel B. H ' it or
Resolution No. 4655
October 28, 2010
Page 2 of 2
JAIL FACILITY LEASE AGREEMENT
THIS AGREEMENT, made and entered into this 1 127~ day of
C an bt/L , 20 10 , by and between THE CITY OF AUBURN, a Washington
municipal corporation, hereinafter referred to as "Lessor" and THE SOUTH
CORRECTIONAL ENTITY (".SCORE,"), a governmental administrative agency formed
pursuant to RCW 39.34.030(3), hereinafter referred to as "Lessee", as follows
WITNESSETH:
1. Description: The Lessor, for good and valuable consideration, hereby demises,
lets and leases unto the Lessee a portion of the premises commonly known as the Auburn
Jail, situated in the basement of City Hall, located at 25 W. Main Street within the City of
Auburn, Washington, and outlined in red on Exhibit A attached hereto and incorporated
herein by reference.
2. Use of Premises: The Lessee, and its authorized representatives, subtenants,
assignees, agents, invitees, and licensees, shall have the right to use, in common with
others, on a non-exclusive basis the following common areas which were ordinarily used
by Lessor for operation of the jail prior to commencement of this Lease:
Salley Port and Driveway accesses.
The Lessee shall use the premises for the purpose of housing and detaining
prisoners of the Lessee, and for all uses consistent therewith and in conformity with
applicable policies, standards and requirements, and shall not use them for any other
purpose without the written consent of the Lessor. This Lease shall also include the right
of the Lessee to use any equipment of the Lessor related to the efficient operation of the
facility for jail purposes, including, but not limited to computers and electronic
equipment, tasers, lockers, personal protective vests, handcuffs, leg-irons, uniforms and
uniform equipment and any other items that were being used by the Lessor for its jail
operations prior to the commencement of this Lease The foregoing equipment are
warranted by Lessor to be in reasonably useable condition.
Lessor warrants that the premises are habitable and fit for the intended use and are
in reasonably good repair with no defects which would interfere with or result in
interruption of the use of the premises as a jail. Subject to the foregoing, Lessee accepts
the premises in their "AS IS" condition. Lessee accepts the premises subject to all
applicable federal, state, county and municipal laws, ordinances and regulations
governing and regulating the use of the premises. Subject to the other provisions of this
Lease, this Lease is subject to all such laws, ordinances and regulations. Lessee
acknowledges that, except as otherwise provided in this Lease, neither Lessor, nor
Lessor's agents have made any representation or warranty as to the suitability of the
premises for the conduct of Lessee's business or use. Except as otherwise provided
JAIL FACILITY LEASE AGREEMENT Page 1 & 10
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herein, Lessor warrants Lessee's right to peaceably and quietly enjoy the premises
without any disturbance from Lessor , or others claiming by or through Lessor. ~
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3. . Term:' This lease term shall be one year, commencing on the 1" day of
January, 2011 (the "date of commencement").
4. Rent Payments/Utilities: Upon commencement, Lessee agrees to pay to
I Lessor at Lessor's address or such other place as Lessor may designate in writing, rent in
the amount of Twelve DOLLARS representing full payment for the. one year rental
period. Lessee shall be-responsible for payment-of all utility bills incurred in connection
with its use of the premises to the extent that utility -bills can be segregated out from the
n; Lessor's utility bills/utility usage for Lessor's premises not leased hereby. If Lessee's
utility bills. cannot be segregated out from those of the Lessor, Lessor shall provide
-Lessee with a monthly utility billing statement which reasonably calculates Lessee "s
j share of the total utility bills and Lessee shall pay the same within thirty (30) days of
receipt of such statement.
5 Maintenance and Repairs Alterations and Additions:
5:1 Maintenance and Repairs: The Lessee shall be solely responsible for the
{ maintaining of_ the premises and ,equipment in as good a state of repair as at the
u' commencement of the Lease, returning same to Lessor at the end of this lease in at least
as good condition as presently exists except for normal wear and tear.
5:2 Alterations and Additions: No alterations or additions to the premises shall
be permitted by Lessee without the express 'written approval of Lessor. Unless Lessor
' requires. their removal, all alterations, -additions, improvements , and utility installations
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s, (whether or not such utility installation constitutes trade fixtures of Lessee), which may
be made on the premises, shall. at the expiration or earlier termination of the Lease
become the property of Lessor and.remain upon and be surrendered with the premises.
' Notwithstandingthe provisions of this paragraph, personal property, machinery and F; equipment purchased and acquired by the Lessee, other than that which is affixed to the
premises so that it cannot be removed without material damage to the premises, shall.
r; -remain the property of Lessee and may be removed by Lessee at any time during the term
hereof.
4; h 6. Entr~.by Lessor: Lessor shall have the right at reasonable times, .and with
reasonable notice to Lessee in non-emergency situations, to-enter the premises to inspect
the same or to show the premises to prospective buyers, tenants or lenders.
i 7. Liens: Lessee shall keep the premises free from any liens arising out.of work
performed, materials furnished- or, obligations incurred by Lessee and shall indemnify,
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l hold harmless and defend Lessor from any liens and encumbrances arising out of any
work performed or materials furnished by or at the direction of Lessee.
8. Assignment or Subletting: The Lessee shall not sublet or assign this Lease,
title or any'part-thereof, without the prior written consent of the Lessor. This Lease shall
not be assignable by operation of law: If consent is. once given by the Lessor to the
assignment, of. this Lease, or any interest therein; the. Lessor shall not be barred from
afterward refusing to consent to any further assignment of said premises.
9: Default and Re-Entry: If the Lessee shall- fail to keep and perform any of the
covenants and agreements herein contained, then the Lessor may cancel this Lease if the
ar failure has not been cured after having given the Lessee thirty (30). days' notice to cure,
and after at least ten (10). days notice to vacate, Lessor shall be entitled to re-enter said
premises in accordance with Washington law.
,i 10. Miscellaneous:
t' 10.1 Entire.Agreement: This instrument along with any exhibits and attachments
y hereto constitutes 'the entire agreement of the parties relative to the premises and this
Agreement and the exhibits and attachments may be altered, amended or revoked only by
s an instrument in writing signed--by both Lessor and Lessee. Lessor and Lessee agree
hereby that, all prior or contemporaneous oral agreements relative to the leasing of the
premises are merged in or revoked by this Agreement.
'I 10.2 Severability: If any term or provision of this Lease shall to any extent be
determined,: by a -court of competent. jurisdiction to be invalid .or, unenforceable, the
remainder. of this Lease shall not be affected thereby and each term and provision of this
Lease shall be valid and be'enforceable to the fullest extent permitted by law.
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10.3 Waiver: No covenant, term or condition or the breach thereof shall be
deemed waived, except by written consent of the 'party against whom the waiver is
claimed -and any waiver or the breach of any covenant,. term or condition shall not be
deemed to be a waiver of any -preceding or 'succeeding breach of the same or- any other
covenant, term or condition. Acceptance by Lessor of any performance by Lessee after
the time the same shall have become due shall- not constitute a waiver by 'Lessor of the
breach or default of an y covenant, term or condition unless otherwise expressly agreed to
by Lessor in-writing.
10.4 Surrender of Premises: The voluntary or other surrender of this Lease by
Lessee,-or a mutual cancellation thereof, shall not work a merger and shall, at the option
`J of the Lessor, terminate all, or any existing subleases or subtenancies; or may, at the
option of Lessor, - operate as an assignment to it of. any or all such subleases or
subtenancies.
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yi 10.5 Recordina: Lessee shall not record this Lease without the Lessor's prior
written consent and such recordation 'shall, at the option of Lessor, constitute ' a non-
curable default of 'Lessee hereunder. Either party shall, upon request of the other,
j execute,.acknowledge and deliver to the other a "short form" memorandum of this Lease
for recording-pi irposes.
10.6 Notices: All notices or'demands of any kind required or desired to be given
by Lessor or "Lessee hereunder shall be in writing and shall be deemed delivered forty-
eight (48) hours after depositing the.notice or demand in the United States Mail, certified
or registered, postage prepaid, addressed to the Lessor or Lessee respectively at the
'i addresses set-forth after-their- signatures at the:end of this Lease. All notices or requests
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required or permitted under this Lease shall be in writing; shall be personally delivered,
delivered by a reputable express delivery service -such as Federal Express or DHL, or sent
by certified mail, return receipt requested, postage prepaid, and shall be deemed delivered
on receipt or refusal. All notices or requests to Lessor shall be sent to Lessor at Lessor's
N Address,set forth below and all notices or requests to Lessee shall be sent to Lessee at
Lessee's Address set forth below.
10.7 -Dispute Resolution. As a condition precedent to any litigation, the parties
shall submit any dispute between them to non-binding mediation with the assistance of a
mediator who shall be experienced in the .subject matter of the dispute. The parties shall
each designate a representative with settlement authority who will participate. in the
mediation.' The mediator's' fed shall be. divided, equally between the parties.
i. 10.8 Hazardous Materials: Lessee shall not cause or permit any hazardous
substances as-defined below to be brought upon, kept; or used in or about the premises by
Lessee, their agents; employees, contractors or invitees. Lessee shall comply with all
federal, state and local laws ordinances, codes, regulations, orders and decrees as they
j now exist, or are hereafter amended, including all policies, interpretations, guidelines,
i, directions or, recommendations relating to industrial hygiene, environmental protection or
r the use, analysis, generation,' manufacture, storage, presence, release, disposal or
' transportation of - any petroleum products, flammable, -explosives, asbestos, urea
formaldehyde, polychlorinated biphenyls, radioactive materials or waste, or other
hazardous, `toxic, contaminating or polluting materials, substances or wastes, including
any materials defined as -"hazardous substances", "hazardous wastes", "hazardous
materials", or "toxic substances" (collectively; "Hazardous} Materials"), under any such
Hazardous Materials Laws and amendments thereto.
Lessee shall defend (with counsel reasonably acceptable to Lessor) and indemnify
Lessor and Lessor's officers,, directors, partners, managers, members, employees, agents,
successors and assigns against any and all claims, liabilities, damages, costs, penalties,
forfeitures, losses, obligations, investigation costs, remediation and removal costs, natural
resource damages and expenses, including attorney'.s fees, arising in whole or in part,
directly or indirectly;. from (a) the presence or release of Hazardous materials in, on,
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under, upon or from the premises as a result of acts or omissions of Lessee or their
employees, agents or invitees; (b) the transportation or disposal of Hazardous Materials
to or from the premises by, at the request of or with the permission of Lessee, its
employees, agents, or invitees; (c) the violation of any Hazardous Materials Laws by
yl Lessee, their employees or agents; (d) the failure of Lessee, their employees or agents to
comply with the terms of this Section 10.7; or (e) the use, storage, generation or disposal
of Hazardous Materials in, on or about the -premises. The respective rights and
obligations of Lessor and Lessee under this Section 10.7 shall survive the expiration of
earlier termination of this Lease.
J 10.9 Lessee's Indemnification and Hold Harmless: Lessee shall defend (using
1 legal counsel reasonably acceptable to Lessor) indemnify, and hold Lessor, their agents,
employees, and elected officials harmless from any and all claims, expenses, including
attorneys fees, or damages by any reason of or arising out of the negligent act or omission
of the Lessee their agents, customers.(including prisoners), employees, contractors,
subtenants or assignees or any of them relating to or arising out of the performance of this
Agreement, except for the damages caused by the negligence of the Lessor. The
4 provisions of this Section shall survive expiration or termination of this Lease and shall
include all claims against Lessor by any employee or former employee of Lessee. Lessor
and Lessee have specifically negotiated and Lessee specifically waives any provisions of
any industrial insurance act, including Title 51 of the Revised Code of -Washington, or
any other, employee benefit act which might otherwise operate to release or immunize
Lessee from-their obligations under this Section.
10.10 Lessor's Indemnification and Hold Harmless: Lessor -shall defend (using
legal counsel reasonable`acceptable'to Lessee), indemnify and hold Lessee, their agents,
and employees, harmless from any and all claims, expenses, including attorneys fees, or
damages by any reason of or arising,out of the negligent act or omission of the Lessor
their agents, customers (including prisoners), employees, contractors, subtenants or
assignees or any of them relating to or arising out of the performance of this Agreement,
except for the damages caused by the negligence of the Lessee. The provisions of this
Section shall survive expiration or termination of this Lease and shall include all claims
against Lessee by any, employee or former employee of Lessor. Lessee and Lessor. have
specifically negotiated and Lessor specifically waives any provisions of any industrial
j - insurance act, including Title 51- of the Revised Code of Washington, or any other
employee benefit act which might otherwise operate to release or immunize Lessor from
their obligations under this Section.
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10.11 Attorney's Fees and Costs: Upon any litigation or other proceeding
between the parties hereto, declaratory or otherwise, arising out of this Lease, the
prevailing party shall recover from the non-prevailing party all costs, damages; and
expenses, including reasonable attorneys and costs expended or incurred in connection
therewith (collectively "Attorneys' Fees").
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10.12 Binding Effect: The covenants and agreements of this Lease and/or any
extension thereof, shall be binding upon the successors and assigns of all parties herein
except as hereinabove provided.
10.13 Time: Time is of the essence of this Lease.
10.14 Signs: Lessee may, at its sole cost, erect signs upon the premises provided
that such sign or signs (a) do not cause any structural or other damage to the building; (b)
do not violate applicable governmental laws, ordinances, rules or regulations; (c) do not
violate any existing restrictions affecting the premises; and (d) are approved in advance
by Lessor.
10.15 Governing Law: This Lease shall be governed by and its terms and
conditions construed in accordance with the laws of the State of Washington.
10.16 Insurance. The Lessee shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the Lessee's operation and use of the leased
Premises. Lessee's maintenance of insurance as required by the agreement shall not be
construed to limit the liability of the Lessee to the coverage provided by such insurance,
or otherwise limit the Lessor's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance
Lessee shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 or WCIA equivalent coverage and shall
cover premises and contractual liability. Lessee will provide an
"Evidence of Coverage" letter confirming contractual liability
coverage as required in this lease.
2. Pro ert insurance shall be written on an all risk basis.
Lessee shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence, $2,000,000 general aggregate.
2. Properly insurance shall be written covering the full value of
Lessee's property and improvements with no coinsurance provisions.
B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Commercial General Liability insurance:
JAIL FACILITY LEASE AGREEMENT Page 6 of 10
1. The Lessee's insurance coverage shall be primary insurance as respect
N the Lessor. Any insurance, self-insurance, or insurance pool coverage
maintained by=the-Lessor shall.be excess of the Lessee's insurance and
shall not contribute with it.
2. The Lessee'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 Lessor.
C. Acceptability of Insurers
1 Insurance is to be placed with insurers with a current A.M. Best rating of not less
than ANII.
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D. Waiver of Subrogation
A Lessee and Lessor herebyrelease and discharge each other from all claims, losses
and liabilities arising 'from or caused by any hazard covered. by property insurance on or
in connection with the premises or said building. This release shall apply only to the
- extent that such claim, loss or liability is, covered by insurance.
i E. Lessor's. Property Insurance
Lessor shall puichase and maintain during.the term of the lease all-risk property
insurance-covering the Building for their full replacement value without any. coinsurance
provisions.
i 10.17 Other Issues= The Lessee and Lessor hereby agree that if any other issues
related to this _ leas e or implementation of its terms arise, Lessee and Lessor shall
negotiate in good faith- to, address the 'same by separate agreement or by amendment
hereto if appropriate.
EXECUTED by the parties on the date and year.first above written.
LESSOR:
City of Auburn; Washington, ATTEST:
a WashingtomMunicipal Corporation.
BY:. Peter: B. Lewis ` By: anielle Daskam
Its: Mayor Its: Auburn City Clerk
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APPROVED AS TO FORM
I &N-, 4 EE!
BY: Daniel . Heid
Its: City Attorney
LESSEE:
South Correctional Entity,
a Governmental Administrative Agency . ATTEST:
BY: ck Dov y: Michele eumann
Its: Presidin er of the Its: Administrative Assistant
Administrative Board
JAIL FACILITY LEASE AGREEMENT Page 8 of 10
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Peter B. Lewis and Danielle
Daskam are the persons who appeared before me, and said persons acknowledged that
he/she signed this instrument and on oath stated that he/she was authorized to execute the
instrument as the Mayor and City Clerk of Auburn, and acknowledged it to be the free
and voluntary act of the City of Auburn, Lessor herein, for the uses and purposes
mentioned in the instrument.
Dated 1.Qtia
Notai Public in d fpr the State of
• K~-
tj,%~ -o Washington residing at & AC-o
My appointment expires Q3~-
STATE OF WASHINGT
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Jack Dovey and Michele Neumann
are the persons who appeared before me, and said persons acknowledged that he/she
signed this instrument and on oath stated that he/she was authorized to execute the
instrument as the Presiding Officer of the Administrative Board and the Administrative
Assistant of the South Correctional Entity, and acknowledged it to be the free and
voluntary act of the South Correctional Entity ("SCORE"), Lessee herein, for the uses
and purposes mentioned in the instrument.
Dated DP,C C-l ber l o CCQ 1 D
\ Notary Public in and or the to of
Washington residing at
ooTA#AMy appointment expires I
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EXHIBIT A
LEGAL DESCRIPTION OF THE PREMISES
Auburn City Hall - Jail Legal Description
Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 1, First Addition to Slaughter, according to the plat
thereof recorded in Volume 2 of Plats at page 84, records of King County, Washington;
Together with alley within said Block 1 vacated by City of Auburn Ordinance 3159 and
recorded under King County Recording Number 7703240579, records of King County,
Washington.
Except that portion of said Lot 4, Block 1 dedicated for public right of way by instrument
recorded under King County Recording Number 20070619000372, records of King
County, Washington.
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