HomeMy WebLinkAboutLease 2010ORIGINAL
LEASE
THiS LEASE is made as of tha2day` of 1 , 2010, by and bet"cen the
CiTY OF AUBURN, WASHINGTON and KING C 'TY R RAL LIBRARY DISTRICT,
doing business its KING COUNTY LIBRARY SYST R1. Capitalired terms used herein have the
meanings set forth in Section i below,
RECITALS
Wl[EREAS, pursuant to the Annexation Agreement, the City provided die Imul for and
constructed a library facility oil the Land hercinafler described, which KCLS has operated for the
benefit of residents of the City and other patrons of KCLS since completion of construction in 1998;
1VliEREAS, the City and KCLS desire that KCLS undertake, at its sole cost and expense, an
expansion to the existing library facility, and that KCLS continue to operate such expanded library
facility for the benefit of the residents of the City mid other patrons of KCLS, for so long as this
.case remains in effect;
NO\V THERFORE the City and KCL5 agree as i'ollows:
1. Definitions. Cnpitaliacd terms axed herein slmll have the meaning set forth below:
"Annexation Agreement" memis the Agrcentcnt far Library Services Pending Annexation of
the City of Auburn into the King County Rural Library District dated November 26, 1996, by and
between the City and KCLS.
"City" means the City of Auburn,lVashington.
"Entryway" means the entryway from Auburn 1Vay South to the Parking Stalls as identified
on i'sxhibit A attached hereto and incorporated herein by this reference ("Exhibit A")
"Improvements" means all buildings, structures, and improvements now existing or hereafter
constructed upon the Land, and any restorations thereof, additions to, or replacements thereof, but
excluding therefrom KCLS's Trade Mixtures.
"KCLS" means the King County Rural Library District, doing business as King County
Library System.
"KCLS's Trade Mixtures" means all personal property of whatsoever nature of med, leased or
used by KCLS in the operation of a library on the premises, and all furnishings, equipment and
lixtures within the improvements, regardless of whether affixed to the Land or improvements,
including without limitation the following:
(a) Office equipment of every nature whatsoever, including without limitation,
computers, copy and facsimile machines, and telephone equipment;
(b) Book and media storage and display fixtures, and library fumiturc, including, (ables,
chairs, book shelves, counters, desks, metal floor racks, and partitions with movable studs;
(c) Oince furniture, including cabinets, chairs, desks, INS, and safes;
(d) Removable walls and partitions extending from floor to ceiling but not an integral
pan of slab at top and bottom;
(c) Miscellaneous items such as alarm systems, scales, wall clocks, lockers and water
coolers, and steel hand trucks, but not including heating or air conditioning equipment, electrical
wiring and conduits, air ducts, and plumbing fixtures and pipes, carpeting, carpet litters, padding,
striping, and rugs, or lighting fixtures;
(f) Signage and art work, including bulletin boards, pegboards, pictures and decorative
art placed on walls, sign holders, and ornamental fixtures on walls;
(g) Counter display faxtures, including sign holders, stands, mirrors, and table dividers
and any and all renewals, replacements of, additions to, and substitutions for the above -enumerated
items.
"Land" means that certain parcel of real property described in Exhibit B, attached hereto and
incorporated herein by this reference, including all easements, rights, rights -of --way, and licenses
appurtenant thereto, but excluding the Improvements and KCLS's Trade Fixtures.
"Parking Stalls" means the parking stalls currently located on the Land more particularly
described in Exhibit A; "KCLS Parking Stalls" shall mean sixty (60) stalls identified in Exhibit A for
use by KCLS in connection vfith the operation a public library on the Premises in accordance with
this Lease, and "City Parking Stalls shall mean any remaining stalls identified in Exhibit A for use
by the City in connection with the City's operation of a public park on property adjacent to the
Premises,
"Prcmiscoil means the Land, the Improvements, the Entryway and the KCLS Parking Stalls.
2, [case of Prcmiscs, '(cent. Subject to the City's rights and obligations with respect to
the city Parking Stalls in accordmtcc with Section 20 of this Lcasc, the City hereby grants to KCLS,
exclusive rights to possession and use of the Premises for so long as KCLS continues to operate a
public library on the Premises in accordance with the terms of this lease. KCLS represents that the
Premises, the sidewalks and structures adjoining the sane, sub -surface conditions, and fine present
tenancies, uses and non -uses thereof, have been examined by KCLS and KCLS's agents, and that
KCLS accepts the same, without recourse to the City, in the condition or state in which they or any
of them now are, without representation or warranty, expressed or implied in fact or by law, as to the
nature, condition, or usability thereof, or as to the use or uses to which tic Premises or any part
thereof may be put, or as to the prospective income from, and expense of operation of, the Premises.
2
3. Rent. KCLS hereby agrees to pay and the City hereby agrees to accept as rent
licrcunder, froth the date of this Lease until terminated, the sum of one dollar ($1.00) per year
payable on or about the 151h day of January; provided that in the event of failure of KCLS to timely
make any such rental payment, the sole recourse of the City shall be to specific enforcement of such
obligation.
4. 1'itic to imnrovotnents and `I'rndc Fixtures.
(a) Subject to the City's rights and obligations with respect the City Perking Stalls in
accordance with Section 20 of this Lease, KCLS shall be the sole owner of all Improvements now
existing or herenfier constructed on the Promises for so long as this Lease remains in efYect. Upon
tennination of this Lease, all right, title, and interest of KCLS, or any entity or person acquiring any
interest through KCLS in and to the Improvements then in existence, if any, shall cease and
terminate, and title to such Improvements shall automatically vest in and the Premises shall be
surrendered to the City, unless the City provides written notice to the KCLS, within one hundred
twenty (120) days after the termination date, that it has determined to reject title to the
Improvements and to require KCLS to remove the Improvements in accordance with Section 4(b) of
this Lease. Unless the City so notifies KCLS of its detcrmination to reject title to tine improvements,
no deed or other instrument shall be necessary to confirm the vesting in the City of title to time
Improvements upon the tennination of this Lease; however, upon request of the City, KCLS shall
execute, acknowledge, and deliver to the City a quitclaim deed confirming transfer, without
warranty, of all of KCLS's right, title, mid interest in or to the Premises and the hnprovements then
existing. The City shall pay all costs of preparing and recording such quitclaim deed, including
without limitation, transfer taxes, if any.
(b) '1'lic City shall hnvc the right, iu its sole discretion, to reject title to the hmprovcments
upon lonninatiott of this Lease, by written notice to KCLS within one hundred twenty (120) days
after the date of tennination. if the City so notifies KCLS of its determination to reject title to (lie
Improvements upon tennination of this Lease, KCLS, at its own expense, shall remove all
improvements and KCLS's Trade Fixtures from the Land and shall retuni the Land to the City free
and clear of all improvements, with the exception of underground utilities which shall be properly
capped. KCLS shall apply for permits to accomplish the removal of the improvements no later than
one hundred eighty (180) days after the date of receipt of written notice from the City of its
determination to reject title to the improvements, and shall diligently work to complete such removal
upon receipt of necessary permits.
(c) 'Title to KCLS's Trade Fixtures are and shell remain the sole and exclusive property
of KCLS, during the term of this Lcasc and upon its termination, and the City shall have no rights in
KCLS's Trade fixtures unless KCLS determines, in its sole discretion, to sell of gift all or any
portion of such property to the City, The City acknowledges and understands that unless conveyed
by gift or sale by KCLS to the City, the City shall have no right, title, or interest in KCLS's Trade
Fixtures, including, without limitation, any option to purchase such properly, and KCLS shall have
the absolute right to encumber, sell, or hypothcente KCi.S's `Trade Fixtures, to remove them from
the Premises, or to otherwise deal with all or any portion of such KCLS's Trade Fixtures as it may
determine in its sole discretion. The City shall not be obligated to accept title to any of the Trade
Fixtures and unless the City otherwise agrees, in its sole discretion, KCLS shall remove all KCLS's
Trade fixtures from the Premises within one hundred twenty (120) days after tern» nation of this
!.case.
5. Taxes, Assessments and Utilities,
kill Subject to the Uty's rights and obligations with respect the City Parking Stalls in
accordance with Section 20 of this Lease, KCLS shall, at its own cost and expense, bear, pay, and
discharge prior to delinquency, all real estate taxes, assessments, sewer rents, water rents find
charges, duties, impositions, license and permit fees, charges for public utilities of any kind,
payments and other charges of every kind and nature whatsoever, ordinary or extraordinary, foreseen
or unforeseen, general or special (all orwhich are hereinafter collectively referred to as
"Impositions"), which shall, pursuant to present or future law or otherwise, prior to or during the
terns hereby granted, have been or be levied, charged, assessed, or imposed upon, or grown or
become due and payable out of or for, or become or have become a lien on the Premises; it being the
imention of the parties hereto that the rents reserved herein shall be received find enjoyed by the City
as a net sum free front all of such Impositions, Impositions shall be apportioned between KCLS and
the City as of the date of tcmnination of this Lease and shall be paid within sixty (00) days after such
termination, but shall not be apportioned at the commencement of the term of this Lease.
(b) KCLS shall pay all interest and penalties imposed upon the late payment of any
Impositions that KCLS is obligated to pay hereunder. If KCLS shall fail, for thirty (30) days after
notice and demand given to KCLS, to pay any Imposition on or before the lust day upon which the
same may be paid without the imposition of interest or penalties for the lute payment thereof, then
the City may pay the same with all interest and penalties lawfully imposed upon the late payment
thereof, and the amounts so paid by the City shall thereupon be and become immediately due and
payable by KCLS to the City hereunder.
(c) At its own cost and expense, KCLS may, if it shall in good faith so desire, contest the
validity or amount of any Imposition, in which event KCLS may defer the payment thereof for such
Period as such contest shall be actively prosecuted and shall be pending undetermined, so long as
such proceedings and any appeals shall operate to legally prevent tile collection of such payments
and the sale of the Premises to satisfy any lien arising out of the non-payment of the same, The City
shall execute and deliver to KCLS whatever documents may be necessary or proper to permit KCLS
to so Contest any such Imposition or which may be necessary to secure payment of any refund which
may result from any such proceedings.
G. Maintenance and Repairs. Subject to the City's rights and obligations with respect
ile City Parking Stalls in accordance with Section 20 of this Lease, at all times during the term of
this Lease, KCLS shall, at its own cost and expense, keep the Premises, in good order, condition, and
repair, ordinary wear and tear excepted, and in such condition as may be required by applicable law
and by the terms of the insurance policies required to be maintained by KCLS pursuant to this Lease,
whether or not such repair shall be interior or exterior, and whether or not such repair shall be of a
structural nature, and whether or not the same can be said to be within the present contemplation of
tlie panics hereto. The obligation of KCLS to maintain and repair the Premises shall specifically
include, but shall not be limited to maintenance of the KCLS Parking Stalls by sweeping, snow and
ice removal, repaving, remstriping and re -asphalting as KCLS reasonably determines to be necessary.
Colnphance will Law.
(a) Subject to the City's rights and obligations with respect the City Parking Stalls in
accordance with Section 20 of this Lease, at all times during the term of this Lease, KCLS shall, at
its ow7m cost and expense, perform and comply with all laws, roles, orders, ordinances, regulations,
and requirements now or hereafter enacted or promulgated, of every sovereign, municipal or other
governmental authority having jurisdiction over the Premises, and of any agency thereof, relating to
the Premises now or hereafter located thereon, and equipment now or hereafter located therein,
whether or not such laws, rules, orders, ordinances, regulations, or requirements so involved shall
necessitate structural changes, improvements, interference with use and enjoyment of the Premises,
replacements, or repairs, extraordinary as well as ordinary; and KCLS shall so perform and comply,
whether or not such laws, rules, orders, ordinances, regulations, or requirements shall now exist or
shall hereafter be enacted or promulgated, and whether or not such laws, rules, orders, ordinances,
regulations, or requirements can be said to be within the present contemplation of the parties hereto.
(b) KCLS shall have the right, provided it does so with due diligence and dispatch, to
contest by appropriate legal proceedings, without cost or expense to the City, the validity of any law,
rule, order, ordinance, regulation, or requirement of the nature: hercinabove referred to in this Section
7. KCLS may postpone compliance with such laws, rule, order, ordinance, regulation, or requirement
until the final determination of such proceedings, only so long as such postponement of compliance
will not subject the City to any criminal prosecution, or any other liability of any kind against the
reversion of the Premises thereon which may arise by reason of postponement or failure of
compliance with such law, rue, order, ordinance, regulation, or requirement. No provisions of this
Lease shall be construed so as to permit KCLS to postpone compliance with such law, rule, order,
ordinance, regulation, or requirement if any sovereign, municipal, or other governmental authority
shall threaten to carry out any work to comply with the same or to foreclose or sell any lien affecting
all or any part of the Premises which shall have arisen by reason of such postponement or failure of
compliance.
8. Alterations.
(a) KCLS shall have the right, al KCLS's expense, to expand the Improvements now or
hereafter located on the Land, provided that the plans for any such expansion are approved by the
City's Office of Facility Management prior to the commencement of construction; it being
understood and agreed that approval by the City's Office of Facility Management of plans for
expansion shall not be unreasonably withheld or delayed,
(b) 6n addition to rights under Section 8(a) hereof, KCLS shall have the right from time
to time during the tent of This Lease to make any other alteration or modification to the
Improvements now or hereafter located on the Land as it determines; provided that, except with the
City's consent (which shrill not be unreasonably withheld): (1) the Premises shall be used for the
same general use after said alterations, or modifications, (ii) said alterations or modifications shall
not lessen the market value or reduce the square footage of the Improvements.
(c) It is expressly understood that the City's approval of plans or other required consent
to the alterations, expansions, or modifications of the Improvements may be conditioned upon the
famishing by KCLS of waivers of mechanics' and materialmen's liens from all persons furnishing
materials or labor. Purther, in the event that mitigation is required under the State Gnvironmcntal
Protection Act or the City's Critical Areas Ordinance, KCLS must negotiate with the City to identify
potential property for the mitigation, or the work must happen an -site. KCLS is responsible for all
costs and obligations of mitigation, including but not limited to costs to acquire property for
mitigation if necessary.
(d) KCLS shall apply, at its sole cost, to the appropriate governmental authorities or third
parties for, and shall diligently pursue and obtain all permits, licenses, permissions, consents, or
approvals required by law in connection with the construction of uny alterations, expansions or
modifications to the improvements. The City agrees to process applications for permits and
approvals submitted to it by KCLS in accordance with its nornal processes, reasonably and in good
faith. However, KCLS acknowledges that the City has not made any representation or warranty with
respect to KCLS's ability to obtain any pennit or approval, or to meet any other requirements for
development of the Premises for its purposes, and nothing in this Lease is intended or shall be
construed to require that the City exercise its discretionary authority under its regulatory ordinances
to further the plans of KCLS to expand, alter or modify the Improvements.
9. Use of Premises. Subject to the City's rights and obligations with respect the City
Parking Stalls in accordance with Section 20 of this Lease, KCLS shall use the Premises for the
purpose of operating and maintaining a public library and ancillary uses related to the operation of a
public library as KCLS determines in its sole discretion, Any other use of the Premises by KCLS
shall be subject to the prior writtcn approval of the City mid shall be subject to such terms and
conditions as the City and KCLS may agree. KCLS %Sill not use or keep or allow the Premises or
any portion thereof, or any appurtenances thereto, to be used or occupied for any unlawful purpose
or in violation of any certificate of occupancy, and will not suffer any act to be done or any condition
to exist within the Premises or any portion thereof or in any improvement thereon, or pennit any
article to be brought therein, which may be dangerous, unless safeguarded as required by Inv, or
which may, under applicable law, constitute a nuisance, public or private, or which may make void
or voidable any insurance in force with respect thereto.
10. Liens. KCLS shall at all times take such actions as are authorized by applicable law
to protect the City against any loss, cost, fee, charge, expense, lien, or liability of any nature
occurring or accruing by virtue of any such work, labor, service, or material performed or furnished
for or to KCLS.
If* Net Lease. This is an absolute net lease and the City shall not be required to provide
any services or do any act or tiling with respect to the Premises or the appurtennnces thereto, except
as may be specifically provided herein, and the rent reserved herein shall be paid to the City without
any claim on the part of KCLS for diminution, setoff, or abatement, and nothing shall suspend,
abate, or reduce any rent to be paid hereunder, except as otherwise specifically provided in this
LCOSC.
12. Insurance.
G
(a) KCLS shall at all times during the tern of this Lease maintain insurance for property
damage to the Premises similar to that wfiich KCLS carries for its other public library facilities. The
City shall at all times during the terns of this Lease maintain insurance for property damage to the
City Parking Stalls similar to that which the City carries for its other public parking facilities.
(b) KCLS shall a( all times during the tern of this Lease maintain liability insurance in
the amount of at least two million dollars ($2,000,000) per occurrence and five million dollars
($5,000,000) in the aggregate, and slwll cause the City to be made an additional insured on such
insurance policy notwithstanding the existence of any other coverage available to the City. No less
than once every ten years during the tern of this Lease, KCLS and (lie City agree to review the
coverage limits hereunder and adjust tine coverage limits to insure that coverage remains adequate in
light of inflation and any material change in the risk environment. KCLS's insurance coverage shall
be primary insurance as related to the City. Any insurance, self4usurance, or insurance pool
coverage mnintained by the City shall be considered excess of KCLS's insurance and shall not be
subject to contribution with it.
(e) The City shall at all (lines during the term of this Lease maintain liability insurance in
the amount of at least two million dollars (S2,000,000) per occurrence and five million dollars
{$5,000,000) in the aggregate.
(d) No less than once every ten years during the tcml of this Lease, KCLS and the City
agree to review the coverage limits hereunder and adjust the coverage limits to insure that coverage
remains adequate in light of inflation and any material change in the risk environment,
13. Casual( . Subject to the City's rights and obligations with respect the City Parking
Stalls 111 accordance with Sectioll 20 of lhls Lease, if tile Improvements are damaged or destroyed by
fire or by any casualty such that they are no longer suitable for the provision of public library
services without rebuilding or repair, KCLS shall within one hundred twenty (120) days advise the
City of its determination whether it will rebuild and repair the Improvements and resume library
services. If KCLS determines to rebuild and repair the premises and resume library services, KCLS
shall promptly and diligently restore (be Improvements at its own cost and expense to a condition as
nearly as may be possible tinder the circumstances to those existing immediately prior to such tire or
casualty and resume public library services at a level comparable to that prior to said casualty. In the
event that (i) KCLS fails to advise the City within one hundred twenty (120) days following any fire
or casualty causing a cessation of library services of its intent to repair and rebuild the improvements
and resume providing public library services, or (ii) KCLS fails to proceed promptly and diligently
as circumstances may permit to rebuild and repair the Improvements and resume public library
sentices after giving notice of its intention to do so, then, in either case, the City may terminate this
Lease upon one hundred twenty (120) days' written notice to KCLS. The City shall not be entitled
to any share of the proceeds of insurance maintained by KCLS on the Premises; however, in the
event that this Lease is tenninuted by the City as the result of the determination by KCLS not to
restore the Premises following damage or destruction thereof, upon the request of the City, KCLS
agrees to pay the costs of demolishing and removing the Improvements from the Land.
14. Indemnification. To the extent permitted by law, KCLS shall defend, indetmt[fy, and
(told the City, its officers, officials, employees and volunteers harmless from and against any and all
claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to
property, which arise or relate to: (i) the use or occupancy or manner of use or occupancy of the
Premises by KCLS or any person claiming under KCLS; (H) any activity, work, or thing done or
permitted by KCLS in or about the Premises; (iii) any breach by KCLS or its employees, agents,
contractors or invitees of this Lease; and (iv) any injury, loss or damage to the person, property or
business of KCLS, its employees, agents, or contractors or tiny invitees entering upon the Premises
tinder the express or implied invitation of KCLS, except for injuries or damages as shall have been
occasioned by the sole negligence of the City. If any action or proceeding is brought against the
City or its employees or agents by reason of any such claim arising out of this Lease, KCLS, upon
written notice from the City, will defend the same at KCLS's expanse with counsel reasonably
satisfactory to the City. KCLS and the City have specifically negotiated and to the extent permitted
by law KCLS specifically waives any provisions of any industrial insurance act, including Title 51
of the Revised Code of Washington, or any other employee benefit act that might operate to release
or immunize KCLS from its obligations under this Section 14,
I5. Assienntent: Subletting.
(a) KCLS may assign this Lcasc or nay interest herein to a successor public entity formed
through the reorganization of KCLS or to another governmental entity providing public library
services. KCLS cony sublet or license space in the Premises to a sublessee providing ancillary
services related to the operation of a public library as detcrntined by KCLS in its reasonable
discretion, including, without limitation, provision of copying service to patrons and sale of used
library materials. Any other assignment or sublease or license of the Promises and Improvements by
KCLS shall be subject to the prior written approval of t[te City and shall be subject to such terns and
conditions as the City, KCLS, and such assignee or sublessee may agree; provided, that on
termination of this Lease any such assignment, sublease or license shall be terminated unless .
otherwise agreed in writing by both the City and the assignee or sublessee.
(b)'fhc City shall notify KCLS in writing of any assignment, pending sale, transfer of the
leased property.
16
Hazardous Materials. KCLS and the City each agree to keep and maintain the
Yrentises in compliance with, and shall not cause or pemtit the Premises to be in violation of, any
applicable federal, state, or local laws, ordinances or regulations relating to industrial hygiene or to
the environmental conditions (Hazardous Materials Laws) on, under, about, or affecting the
Premises. Neither KCLS nor the City shall use, generate, manufacture, store, or dispose of on, under
or about the Premises or transport to or from the Premises any flammable explosives, radioactive
materials, hazardous wastes, toxic substances, or related materials, including without limitation any
substances defined as or included in the definition of hazardous substances, hazardous wastes,
hazardous materials, or toxic substances under any applicable federal or Washington stale laws or
regulations (collectively referred to hereinafter as "Hazardous Materials"), Subject to the City's
rights and obligations with respect to the City Parking Stalls, KCLS shall, at its expense, take all
remedial aeflon(s) required by applicable Hazardous Materials Laws in response to the presence of
any Hazardous Materials on, under, or about the Premises.
17, Default: '1'erminalion. The occurrence of any of the following events shall constitute
a material default and breach of this Lease by KCLS:
(a) Any failure by KCLS to pay (lie Impositions required to be paid hereunder by KCLS
where such failure continues for thirty (30) days after written notice thereof by the City to KCLS,
subject to the right of KCLS to protest;
(b) There shall be filed by or against KCLS in any court or other tribunal pursuant to any
statute or other rule of Inv, either of the United Stales or of any State or of any other authority now
or hereafter exercising jurisdiction, a petition in bankruptcy or insolvency proceedings or for
reorganivAution or for the appointment of a receiver or trustee of all or substantially all of KCLS's
propeny, unless such petition be riled against KCLS and if in good faith KCLS shall promptly
thereafter commence and diligently prosecute any and all proceedings appropriate to secure the
dismissal of such petition, and such petition is dismissed within one hundred eighty (180) days or
KCLS makes an assignment for the benctit of creditors;
(c) Any failure by KCLS to provide public library services where such failure continues
for thirty (30) days after written notice thereof by the City to KCLS; provided, that, in the event of a
fire or other casualty causing damage or destruction requiring cessation of library services, KCLS
shall have ninety (90) days to advise the City notice of KCLS's intent to repair and rebuild the
Improvements and resume providing public library services, and upon receipt of such notice the City
shall not tenninate this Lease so long as KCLS proceeds promptly and diligently as circumstances
permit to rebuild, repair, and resume services; or
(d) Any other failure of the payment or performance by KCLS of its obligations
Iereunder, if such failure shall continue for more than sixty (60) days after written notice of default
and demand for performmnce shall have been delivered by tine City to KCLS; provided that, if in
good faith KCLS undertakes reasonable action to cure such failure within such sixty (60) day period,
such failure shall not ripen into an event of default unless and until such time as KCLS shall cease
SUChdeasonable action to care.
In the event of any such default by KCLS, then in addition to any other remedies available to
tlie City at law or in equity, the City shall have the option to tenninate this Lease and all rights of
KCLS hereunder immediately by %witten notice to KCLS.
18. Npn-Waiver. No waiver by the City of any breach by KCLS of any term, covenant,
condition, or agreement herein and no failure by the City to exercise any right or remedy in respect
of any breach hereunder, shall constitute a waiver or relinquishment for the future of any such term,
covenant, condition, or agreement or of any subsequent breach of any such term, covenant,
condition, or agreement, nor bar any right or remedy of the City in respect of any such subsequent
breach, nor shall the receipt of any rent, or any portion thereof, by the City, operate as a waiver of
the rights of the City to enforce the payment of any other rent then or thereafter in default, or to
terminate this Lease, or to recover the Premises, or to invoke any other appropriate remedy which
the City may select as herein or by law provided,
19. Surrender.
(a) Upon termination of this Lease, KCLS shall surrender and deliver up the Premises
into the possession and use of the City, without delay, without any payment or allowance whatever
by the City on account of or for any Improvements erected or maintained on the Premises at the tine
of the surrender. The Improvements shall be delivered to the City in the condition such property is
otherwise required to be maintained by the terms of this Lease,
(b) Upon termination of this Lease, KCLS's Trade Fixtures and any property belonging
to any other occupant of space in the Premises shall be and remain the property of KCLS or such
other occupant, as applicable, and KCLS shall have one hundred twenty days (120) after tine
termination of this Lease to remove the same. If KCLS fails to remove any such Trade Fixtures or
other property within such period, the City may take whatever steps the City deems reasonable to
immediately remove the same from the Premise and to sell or dispose of it, refunding any proceeds
to KCLS minus any incurred City expenses up to a maximum of two thousand dollars ($2,000)
unless agreed otherwise in writing.
20. Cit y's Rights and nblieations with Respect to City Parking Stalls. Notwithstanding
any provision of this Lease to the contrary:
(a) The City shall have the right to use the City Parking Stalls for public parking in
connection with its operation of a public park on land located adjacent to the Premises,
(b) The City shall maintain the City Parking Stalls as the City reasonably determines to
be necessary.
(c) The City shall be obligated to pay all impositions with respect to the City Parking
Stalls, and shall perform and comply with all laws, rules, orders, ordinances, regulations, and
requirements now or hereafter enacted or promulgated, of every sovereign, municipal or other
governmental authority having jurisdiction over the City Parking Stalls, and of any agency thereof,
whether or not such laws, rules, orders, ordinances, regulations, or requirements so involved shall
necessitate structural changes, improvements, interference with use mid enjoyment of the City
Parking Stalls, replacements, or repairs, extraordinary as well as ordinary; and the City shall so
perform and comply, whether or not such laws, rules, orders, ordinances, regulations, or
requirements shall now exist or shall hereafter be enacted or promulgated, and whether or not such
Taws, rules, orders, ordinances, regulations, or requirements can be said to be within (lie present
contemplation of the parties hereto.
21. Recordation of Lease, The parties hereto hereby agree to record this Lease or a
memorandum of this Lease identifying the Premises and such other clauses therein as either party
may desire.
22. No Partnership. The City shall not be deemed, in any way or for any purpose, to have
become, by the execution of this Lease or any action taken under this Lease, a partner of KCLS, in
KCLS's business or otherwise, or a member of any joint enterprise with KCLS.
23. No Oral Chnnecs, Phis Lease may not be changed or modified orally, but only by mt
agreement in writing signed by both parties.
24. Bind and hare. The terms, covenants, conditions, and agreements of this Lease shall
bind and inure to the benefit of the parties hereto and their respective successors and assigns.
25. Notice. Except as otherwise provided herein, all notices, consents or other
communications required hereunder shall be in writing and shall be sufficiently given if delivered by
facsimile transmission with prompt telephonic confirmation of receipt, or personally by hand, or sent
by nationally recognized overnight courier service, or by certified or registered mail, postage prepaid
and return receipt requested, addressed as follows;
'I'IiL CITY:
City of Auburn
25 Nest Main Street
Auburn, Washington 98001.4998
Attention: Mayor
+with concurrent capics to:
City of Auburn
25 West Main Street
Auburn, Washington 980014998
Attention: Director of Human Resources, Risk and Property Management
9Go Ncwpon Way N1V
Issaquah Washington 98027
Attu: facilities
2G. Resolution of Cottf]icts with Annexation A reF, cancan. This Lease is intended to
clarify and amend the terms of fire Annexation Agreement as it relates to the rights and obligntions
of KCLS and the City with respect to ownership and use of the Premises. It) the event of a conflict
between the terms of this Lease and the Annexation Agreement, the terms of this Lease shall control.
27. Counterparts. This Lease may he executed in counterparts, and cacti such counterpart
shall be deemed to he an original,
1N WI I NESS WHEREOF, the parties hereto have caused this Lease to be executed as of the
day and year first above Witten,
lllf;% rI1 0
I'I{Ii CITY OF AUBURN,IVASFIING'CON
By —�
Pete Lewis, Mayor`
STAI'l; OF IVAS] [ING'I'ON }
} ss
COUNTY OF KING )
KCI,S:
KING COUNTY RURAL LIBRARY
DISTRICT, doing business as
KING COUNTY LIBRARY SYSTEM
[Title]
I certify that I now or have sittisfactory evidence thntf<t� G�« F is the person t"ho appeared before
me, and said person acknowledged (lint he/she signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as tltc �L�a✓ of the CITY OF
AUBURN, WASHINGTON, to be the free and voluntary act of such p arty tr vat for the uses and purposes
mentioned in the instrtment6 '
D Al M4,F SS
NOTARY PUI341C in and for the
State ofl , residing
000111�III I II liltat C(�' Lk ,%.Lk
11
YI%., rd4nti�"
s,'n,.1,oa.1ti
My appointment expires:
IF
S'I'A'1'L" Of 1VA51IINGT'ON )
) SS
COUNTY OF KING )
1 certify that I know or have satisfactory evidence that B.ti Ant is the person who appeared bcfore
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 ?C�1,e4Wof KING COUNTY
RURA14 LIBRARY DISTRICT', doing business as KING COUNTY LIBRARY SYSTEM, a
Washington public corporation, to be the free and vo untary act o such party for the uses and
purposes mentioned in the instrument,
DAfGD: h•2�1�2oio
NOTARY P BLC in and for the
State oft t ' °, residing
My appointment expires:
121�t1Zo1_
t3
Exhibit A to Ground Lease
Identification of Leased Area Prior to expansion of Library Building
CORE DESIGN, INC.
BELLEVUE WA 98007
Core Project No: 09080
03/18/2011
Legal Description —Auburn_ Library —Current Lease Area
That portion of Parcel A, City of Auburn Lot Line Adjustment #BLA08-0018,
recorded under King County Recording No. 20090120900004, in the northwest
quarter of the northeast quarter of Section 19, Township 21 North, Range 5 East,
W.M., City of Auburn, King County, Washington, described as follows:
BEGINNING at the most we§terly corner of said Parcel A and a point on the
northeasterly right-of-way margin of Auburn Way South; thence N48058'22"E,
along the westerly line of said Parcel A, 40.58 feet; thence N01 006'38"E,
continuing along said westerly line, 249.61 feet; thence N89050'42"E 22.27 feet;
thence S88°08'01"E 108.55 feet; thence S88°57'30"E 89.40 feet; thence
S88057'30"E 14.22 feet; thence S01°44'04"W 167.51 feet; thence S89032'47"E
24.99 feet; thence S01026'48"W 71.72 feet; thence S88°33'12"E 12.08 feet;
thence S01°30'58"W 44.37 feet; thence N88°46'09"W 229.02 feet; thence
N42020'38"W 18.86 feet; thence S47°18'48"W 46.09 feet to a point on said
westerly line of Parcel A and said northeasterly margin; thence N42021'17"W,
along said line and margin, 34.54 feet to the POINT OF BEGINNING,
Contains 70,202t Square Feet (1.6116t Acres)
N:\2009109080\Legal\09080L02 Current Lease.doc
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`CO/RE 14711 NE Washington
Place 980 101
Bellevue, Washington 98007
425.885.7877 Fax 425,885,7963
It DESIGN
ENGINEERING PLANNING, SURVEYING
JOB NO_ 09080
Exhibit B to Ground Lease
Identification of leased Area During Construction and including additional leased area to
accommodate expansion of Library Building
CORE DESIGN, INC.
BELLEVUE WA 98007
Core Project No: 09080
03/18/2011
Legal Description —Auburn Library — Post -expansion Lease Area
That portion of Parcel A, City of Auburn Lot Line Adjustment #BLA08-0018,
recorded under King County Recording No. 20090120900004, in the northwest
quarter of the northeast quarter of Section 19, Township 21 North, Range 5 East,
W.M., City of Auburn, King County, Washington, described as follows:
BEGINNING at the most westerly corner of said Parcel A and a point on the
northeasterly right-of-way margin of Auburn Way South; thence N48°58'22"E,
along the westerly line of said Parcel A, 40.58 feet; thence N01 °06'38"E,
continuing along said westerly line, 249.61 feet; thence N89°50'42"E 22.27 feet;
thence S88°08'01"E 108.55 feet; thence S88057'30"E 89.40 feet; thence
N01°02'30"E 8.39 feet; thence S88057'30"E 33.73 feet to a point of non -radial
intersection with a 82.00400t radius curve to the right, the center of which bears
S73003'35"W; thence southerly, along said curve, through a central angle of
17°04'30", a distance of 24.44 feet to a point of tangency; thence S00008'05"W
14.56 feet; thence S10°10'07"W 20.69 feet to a point of tangency with a 30.00-
foot radius curve to the left; thence southerly, along said cure, through a central
angle of 09005'12", a distance of 4.76 feet to a point of tangency; thence
301 °04'55"W 98.03 feet to a point of tangency with a 30.00400t radius cure to
the left; thence southerly, along said cure, through a central angle of 18005'04",
a distance of 9,47 feet to a point of tangency; thence S17000'09"E 43.09 feet;
thence S01 030'58"W 79.75 feet; thence N88046'09"W 256.22 feet; thence
S47018'48"W 26.39 feet to a point on said westerly line of Parcel A and said
northeasterly margin; thence N42°21'17"W, along said line and margin, 34.54
feet to the POINT OF BEGINNING,
Contains 75,006± Square Feet (1.7219±Acres)
N:\2009\09080\Legal\09080L03 Post -expansion Lease.doc
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980
`14711 NE 29t6 Place 101
Bellevue, Washington 98007
CORE 425.8857877 Fax 425.885.7963
VAI DESIGN
ENGINEERING PLAWNING, SURVEYING
JOB NO_ 09080
RESOLUTION N0.4 S 81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A LEASE AGREEMENT
BETWEEN THE CITY OF AUBURN, WASHINGTON AND
KING COUNTY RURAL LIBRARY DISTRICT, DOING
BUSINESS AS KING COUNTY LIBRARY SYSTEM
WHEREAS, pursuant to the Annexation Agreement, the City of Aubum
(herein after referred to as "City") provided the land tar and constructed a library
facility on the Land hereinafter described, which King County Library System
(herein after referred to as "KCLS") has operated for the benefit of residents of
the city and other patrons of KCLS since completion of construction in 1998;
and
WHEREAS, the City and KCLS desire that KCLS undertake, at its sole
cost and expense, an expansion to the existing library facility, and that KCLS
continue to operate such expanded library facility for the benefit of the residents
of the City and other patrons of KCLS, for so tang as this Lease remains in
affect.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 4581
March 15, 2010
F ege 1 of 3
Section I. Purpose. That the City Council of the City of Auburn
approves the Lease Agreement between the City of Auburn and King County
Library System in substantial conformity with the agreement attached hereto as
Exhibit "A"and incorporated herein by this reference.
Section 2. That the Mayor of the City of Auburn, and the City Clerk are
authorized to execute the Lease Agreement between the Cify of Auburn and
King Couniy Library System.
Soctio_n 3. Implementation. The Mayor is hereby authorized to
implement such administrattve procedures as may be necessary to carry out
the directives of this legislation.
Section 4. Effective date. This resolution shall be in full force and
effect upon passage and signatures hereon.
Doled and Signed this _
PETER
MAYOR
ATTEST:
anieile E. Daskam, City Clerk
Resolution No, 4561
March 15, 2010
Pogo 2 0l 3
2010.
AS TO FORM:
Resolulfon No. 4581
March 15, 2010
Page 3 013