HomeMy WebLinkAbout4654RESOLUTION 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
4292 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 _15 day of r c , 2010
C YO U
==�-�
PETER B. LEWIS MAYOR
ATTEST:
44j"Q�' e'o�-
Danielle E. Daskam, City Clerk
Resolution No 4654
October 27, 2010
Page 2 of 3
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE (the "Amendment") is made as of this 30s' day of December
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 was amended by the First Amendment to
Lease dated January 1, 2008 which reduced the number of the City's parking spaces from 180 to 95,
reduced the City's operating expenses proportionately, and returned 85 parking spaces to Sound Transit
for commuter parking. The Lease and the First Amendment to Lease are hereinafter referred to as the
.,Leas„
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. Section 3.2 of the Lease provides for reimbursement by the City for a portion of the costs
of operating the Parking Garage.
C. City desires to reduce the number of City's Parking Spaces to 42 parking spaces and
return 138 parking spaces to Sound Transit in exchange for a cash contribution of One Million Three
Hundred Twenty Nine thousand Seven Hundred and Thirteen and 29/100 Dollars ($1,329,713.29) and a
reduction in its share of operating costs.
D. Sound Transit is willing to take back the 138 parking spaces effective January 1, 2011
and reduce the City's share of the operating expenses for the City's remaining 42 parking spaces.
E. Sound Transit and City desire to amend the Lease to memonalize 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).
Page 1 of 7
3. Pajdne 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
described in Section 3.2(a) and as further detailed in the amended Exhibit 32(b). City shall reimburse
Sound Transit for its proportionate share of such costs based upon the proportion of the total Operating
Costs, with such proportion being the ratio of the Parking Stalls leased by the City (42) divided by the
total parking stalls in the Parking Garage (562), (i.e., 7.470/o), 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 Garage, and shall also exclude any
costs assgciated with repair or reconstruction after any casualty ("Excluded Costs"). City shall make such
payment 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 upon reasonable notice 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
party contractor engaged by Sound Transit to provide goods or services in connection with operation of
the Parking Garage and City's Parking Spaces.
4. Exhibits 1.1(b) and 1.1(b)(2). Exhibits 1.1(b) and 1.1(b)(2) are hereby deleted in their
entirety and replaced with Exhibit 1.1(b)(3) attached hereto.
5. Exhibit 3.2 is hereby deleted in its entirety and repjaced with Exhibit 3.2 (b) attached
hereto.
6. City shall remove all of City's existing signage for the 138 parking spaces as of January
1, 2011.
7. This Amendment shall be void rn the event Sound Transit does not receive grant funds in
the amount of one million three hundred twenty nine thousand seven hundred and thirteen and 291100
dollars ($1,329,713.29) by June 30, 2011. In such event, Sound Transit shall notify City in writing that
this Amendment is void and that the First Amendment to Lease is still in effect.
Except as amended herein, all other articles, terms, and conditions of said Lease are unchanged
and remain in effect.
Page 2 of 7
IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and
year first above written.
SOUND TRANSIT:
CENTRAL PUGET SOUND
I,ONAL TRANSrr AUTHORITY
By: Celia kuptelth
Its: Deputy Chief Executive Officer
Approved as to Form:
Soundit Legal Counsel
r J
CITY:
CITY OF A
J
Its:
Page 3 of 7
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I Imow or have satisfactory evidence that Celia Kupersmith 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 Deputy Chief Executive Officer of
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY to be the free and voluntary act and
deed of such party for the uses and purposes mentione�..Ln the insttuntmt.
Dated:
. L,
j7'. ^'At,,
ve
�..ti
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
My appointment expires `1 ' — I I
I certify that I know or have satisfactory evidence that Pe-veV' a �+ S is the
person who appeared before me, and said person acknowledged that he signed this instr u tent, on oath
stated that be was authorizedte the ' s meat and acknowledged it as the
cb�o�r of acucJ�7- v-vA
to U the free and voluntary act an deed of such party for the uses and purposes mentioned in
the instrument.
Dated: 13 zo11
Not= Pi
P, R ''r[Priv Name)
My appointment expires a t m l
OTA
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i Nil ", �118 4�_ 2
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Page 4 of 7
Exhibit 1.1(b)(3)
to Second Amendment to Lease dated
Commercial Tenant Area and City's Parking Spaces
1 of 2
AUBURN STATION PARKING GARAGE
Page 5 of 7
Exhibit 1.1(b)(3)
to Second Amendment to Lease dated
Commercial Tenant Area and City's Parking Spaces
2of2
SECOND FLOOR
FWACT
hom
rORM -
AUBURN STATION PARKING GARAGE
Page 6 of 7
Exhibit 31(b)
Parking Garage Operating Costs
Cateeories of Billable Costs
The following are categories of costs that will or may be incurred that would be covered or shared by the
parties as agreed to (though costs are not limited to these categories).
Utilities
a.
a.
Gas
b.
Electric
C.
Water
d.
Sewer
C.
Storm Sewer
f.
Refuse
g.
Supplies
b.
Telecommunications
2. Repairs/Maintenance
a.
Janitorial (sweeping, cleaning, trash removal)
b.
Garage sweeper
C.
Landscape maintenance
d.
Surveillance system
e.
HVAC
f.
Electncal
g.
Plumbing
h.
Elevator
1) Maintenance
2) Cleaning
3) Permitting
4) Associated Utilities
5) Repair
i.
Glass
1) Routine Cleaning
2) Replacement as required
j.
Structural Repairs as required
k.
Signage
1) Maintenance
2) Repair
3) Replacement as required
3. Mid -Life Costs
a.
Painting
b.
Damage from Natural Disasters
C.
Items with expired warranties
4. Paridng Management
5. Insurance
6. Vandalism
a. Cleaning
b. Repair
C. Replacement
Page 7 of 7