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HomeMy WebLinkAboutDepartment of EcologyDELEGATED STATE RENTAL AGREEMENT BETWEEN STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY AND CITY OF AUBURN 25 West Main Street Auburn, Washington 98001 Contact Name/Telephone Number: Lisa Moore, Facilities Manager, 253- 288 -3158 Tax ID Number: 91- 6001228 This RENTAL AGREEMENT is made and entered into between the City of Auburn, whose address is 25 West Main Street, Auburn, Washington 98001, for its heirs, executors, administrators, successors, and assigns, hereinafter called the Landlord, and the State of Washington, Department of Ecology, hereinafter called the Tenant, acting under a delegation of authority from the Department of General Administration, in accordance with RCW 43.82.010. WHEREAS, the Tenant has the responsibility to monitor ambient air conditions and as part of this activity must maintain ambient air monitoring stations; and WHEREAS, the Tenant wishes to lease site, shelter and utility services for air monitoring equipment; and THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, IT IS MUTUALLY AGREED AS FOLLOWS: 2. The Landlord has offered to furnish to the Tenant, a suitable site with utility services located of the following street address: Auburn Municipal Airport, 400 23`d St. NE, Auburn, WA 98002. The air monitoring equipment is located on/in: a platform located on site. TERM 3. This Rental Agreement, which cannot exceed one (1) year, shall be effective from October 1, 2011 through September 30, 2012. 3A.Landlord shall provide access and undisturbed use of the premises, including equipment and instruments for the period date, October 1, 2011 through date, September 30, 2012, between the hours of 8:00 a.m. to 5:00 p.m. Tenant agrees that its access and use shall not interfere with airport operations. RENTAL RATE 4. The Tenant shall pay rent to the Landlord for the premises at the following rate: $56.42 per month payable in one installment. The Tenant will pay each installment when due, upon receipt from Landlord of completed State of Washington invoice vouchers. The completed invoice vouchers must be received prior to the end date of this Rental Agreement. The authority of the Tenant to enter into this agreement is contingent upon the appropriation of funds. 4A. Any and all payments provided for herein when made to the Landlord by the Tenant shall release the Tenant from any obligation therefore to any other party or assignee. EXPENSES 5. During the term of this Rental Agreement, Landlord shall pay all real estate taxes, all property assessments, insurance, storm water, and utility services together with maintenance and repair as described below: MAINTENANCE AND REPAIR 6. The Landlord shall maintain the premises in good repair and tenantable condition during the continuance of this Rental Agreement, except in case of damage arising from the negligence of the Tenant's clients, agents or employees. For the purposes of maintenance and repair, the Landlord reserves the right at reasonable times to enter and inspect the premises and to do any necessary maintenance and repairs to the premises. TERMINATION 7. This Rental Agreement may be terminated by either party giving written notice not less than thirty (30) days prior to the effective date of termination. Tenant shall be reimbursed for any unearned rent that has been paid. 7A. Upon expiration or termination of this agreement, the Tenant shall restore the site to at least the same condition the site was in immediately prior to the installation of shelter and /or air monitoring equipment, reasonable wear and tear excepted. NOTICES 8. Written notices will be sent by certified mail to the address listed below unless a different address shall be designated in writing and delivered to the other party. LANDLORD: City of Auburn 25 West Main Street Auburn, WA 98001 TENANT: Department of Ecology Air Quality Program P.O. Box 47600 Olympia, WA 98504 -7600 DISASTER 9. In the event the rented premises are destroyed or injured by fire, earthquake, or other casualty so as to render the premises unfit for occupancy, the Tenant may terminate this Rental Agreement and shall be reimbursed for any unearned rent that has been paid. NO GUARANTEES 10. It is understood that no guarantees, express or implied, representations, promises or statements have been made by the Tenant unless endorsed herein in writing. HAZARDOUS SUBSTANCES 11. Landlord shall indemnify and hold harmless the Tenant with respect to any and all damages, costs, attorney fees, and penalties arising from the presence of hazardous substance, toxic waste or other toxic substance on the premises, except for such substances as may be placed on the premises by Tenant. DAMAGES 12. Each party to this agreement shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, its agents, or its officers. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party. BINDING AUTHORITY 13. It is understood that this Rental Agreement shall not be binding upon the State of Washington, Department of Ecology, unless signed by the Tenant's Director or his/her designee. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names. CITY OF AUBURN — . STATE OF WASHINGTON Pete L By: Title: Date: \b '1- APPROVED AS TO FORM: By: APPROVAL ON FILE Assistant Attorney General DEP `TMENT OF ECOLOGY By: Title: ?i S ellDu Date: ID 2-40 // r STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600 • Olympia, WA 98504 -7600 • 360 - 407 -6000 711 for Washington Relay Service • Persons with a speech disability can call 877 - 833 -6341 RECEIVE OCT 13 2011 MAYOR'S OFFICE October 3, 2011 City of Auburn Attention: Pete Lewis 25 West Main Street Auburn, WA 98001 Dear Mr. Lewis: Enclosed are three copies of a Site Rental A�reement for the Department of Ecology's ambient air monitoring equipment located at 400 23` St. NE, Auburn, WA. Please have all three copies signed and dated and return them to my attention in the envelope provided. Once they are signed at Ecology, a completed agreement will be returned to you for your records. Also enclosed is an A -19 form for payment. Please sign and return this form with the site rental agreements. The Department of Ecology sincerely appreciates the cooperation of the City of Auburn in allowing Ecology to place air monitoring equipment on City property. This assistance makes a real contribution to clean air in Washington. If you have any questions, please call me at (360) 407 -6877. Sinc-rely, 416 ‘ i i I r- ael Ragan / 4R-----) bient Air Monitoring Coordinator Air Quality Program MR:lb Enclosures 0