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HomeMy WebLinkAbout20110104142527RESOLUTION NO. 4391 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 AND VALLEY REGIONAL FIRE AUTHORITY (VRFA) WHEREAS, the City of Auburn owns the building at 2905 C Street SW known as the GSA site and currently allocates a portion of the premises as Fire Station 33; and WHEREAS, the VRFA is in need of the land and building to perform daily operations out of in order to improve the efficiency and effectiveness of their fire suppression and protective services and emergency medical responses services; and WHEREAS, it is in the public interest for the parties to enter into a lease agreement for the ite. 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 Lease Agreement between the City of Auburn and VRFA for property located at 2905 C Street SW, which agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Resolution No. 4391 July 31, 2008 Page 1 of 2 A 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. 1� Dated and signed this day of _ , 2008. C OFA BU t PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk Resolution No. 4391 July 31, 2008 Page 2 of 2 LEASE AGREEMENT FOR USE OF CITY OWNED PROPERTY THIS LEASE AGREEMENT ("Agreement") is entered into pursuant to RCW Chapter 39.34, by and between VALLEY REGIONAL FIRE AUTHORITY, a Washington municipal corporation (the "VRFA") in the State of Washington and the CITY OF AUBURN, a Washington municipal corporation, (the "City") this 18a' day of August, 2008. WHEREAS, the citizens of the City and within the VRFA want to improve the efficiency and effectiveness of their fire suppression and protection services and emergency medical response services through a regional delivery system, and WHEREAS, the City owns the building at 2905 C Street SW known as the "GSA" site and currently allocates a portion of the Premises as Fire Station #33, and WHEREAS, the VRFA is in need of the land and building to perform daily operations out of, and WHEREAS, there was strong support for the creation of the VRFA from the Citizens of the City, and WHEREAS, the City Council of the City has provided support to the VRFA through its City Staff, as well as the provision of other types of support; and WHEREAS, the City and the VRFA want to discover ways to do this to the benefit of the Community, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the City and the VRFA hereto agree as follows: 1. Use of Fire Station #33. The City hereby offers the use of the Fire Station for the VRFA to use for the purpose of providing fire safety training and emergency management response including dispatch services. 2. Term.: The term of this lease shall be on a month to month basis. The City shall provide the VRFA with a minimum of one year notice to vacate the premises. However, should the City be required to vacate the premises for any reason that would render it unable to provide said notice to the VRFA, the VRFA agrees to vacate the premises within the same period of time as granted to the City. If the City is required to vacate the premises, it will provide such notice to the VRFA within fifteen days of receipt of such notice. 3. Lease Payments. The VRFA will pay ONE and N0/100THS DOLLAR(S) monthly to the City for use of the Fire Station. Entry by the City. The City shall have the right at reasonable times in non - emergency situations to enter the Fire Station to inspect the premises. 5. Maintenance, Cleanine, Repair and Utilities. The VRFA shall maintain the Fire Station in good repair and tenable condition during the term of this lease so the premises shall be in a condition, as good as or better than its condition at the commencement of the Lease. The VRFA shall make all repairs and replacements, whether structural or non-structural, necessary to keep the Fire Station safe and in good working condition, including all utilities, building and other building systems serving the Fire Station. The City shall pay when due the costs of natural gas, heat, light, power, sewer service, water, refuse disposal and other utilities provided to GSA. The VRFA shall reimburse the City fifty percent (50%) of the costs of such utilities and services to GSA within sixty (60) days after receipt of the City's invoice therefore, which invoice shall be accompanied by copies of the underlying billings from the providers. The City shall render such invoices regularly and, in any case, not less frequently than once every three months. 6. Insurance. The VRFA shall procure and maintain for the duration of the Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with VRFA's operation and use of GSA. As of the date that VRFA executes this Lease, VRFA represents and warrants to LESSOR that (a) Tenant is a member of the Washington Cities Insurance Authority (WCIA), which is a self -insured pool of 110 municipal corporations in the State of Washington, and (b) WCIA has at least $2,000,000 per occurrence of liability coverage in its self insured layer that is applicable in the event an incident occurs that is deemed attributed to the negligence of a member. Property insurance shall be written covering the full value of the City's property and improvements with no coinsurance provisions. The VRFA shall be responsible for maintaining, during the term of this Lease and at its sole cost and expense, the types of insurance coverages and in the amounts determined by the City as necessary to adequately protect the Lease premises and the liabilities connected with this Lease, and such other insurance as may be required by law. Such coverage shall include full replacement cost for the building and other personal property subject to the Lease, including coverage for earthquakes, to the extent consistent with the VRFA's Insurance Coverage through WCIA. - -I 7. Indemnification. The VRFA shall indemnify and hold the City and its agents, employees, and/or officers, harmless from and shall process and defend at its awn expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages or costs, of whatsoever kind or nature including attorney fees brought against the City arising out of, in connection with, or incident to the execution of this Agreement and/or the VRFA's performance or failure to. perform any aspect of this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the VRFA; and provided further, that nothing herein shall require the VRFA to hold harmless or defend the City, its agents, employees and/or officers 2 from any claims arising from the sole negligence of the City, its agents, employees, and/or officers. No liability shall attach to the City by reason of entering into this. Agreement except as expressly provided herein. 8. Waiver of Subrogation. The VRFA and the City hereby mutually release each other from liability and waive all right of recovery against each other for any loss caused by fire or other perils which can be insured against under property insurance contracts including any extended coverage endorsements thereto which are customarily available from time to time in the State of Washington provided that this paragraph shall be inapplicable to the extent that it would have the effect of invalidating any insurance coverage of the VRFA or the City. 9. Compliance with Regulations and Laws. The parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. 10. Assignment. The parties shall not assign this Agreement or any interest, obligation or duty therein without the express written consent of the other party. 11. Attorneys' Fees. If either party shall be required to bring any action to enforce any provision of this Agreement, or shall be required to defend any action brought by the other party with respect to this Agreement, and in the further event that one party shall substantially prevail in such action, the losing party shall, in addition to all other payments required therein, pay all of the prevailing party's reasonable costs in connection with such action, including such sums as the court or courts may adjudge reasonable as attorney's fees in the trial court and in any appellate courts. 12. Notices. All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To the VRFA To the City Valley Regional Fire Authority City of Auburn 1101 D St. NE 25 West Main St. Auburn, WA Auburn, WA 98001-4998 Attn: Eric Robertson Attn: Pete Lewis Phone: (253) 931-3060 Phone:(253) 931-3041 FAX: (253) 931-3055 FAX (253) 288-3132 or to such other respective addresses as either party hereto may hereafter from time to time designate in writing. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 13. Nondiscrimination. Each of the parties, for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that it will comply with pertinent statutes, laws, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, religion, national origin, sex, sexual orientation, age, or the presence of any sensory, mental or physical handicap be discriminated against or receive discriminatory treatment by reason thereof. 14. Miscellaneous. All of the covenants, conditions and agreements in this Agreement shall extend to and bind the legal successors and assigns of the parties hereto. This Agreement shall be deemed to be made and construed in accordance with the laws of the State of Washington jurisdiction and venue for any action arising out of this Agreement shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington. The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. The duration of this Agreement shall be for five (5) years. 15. Unless otherwise specifically provided herein, no separate legal entity is, created hereby, as each of the parties is contracting in its capacity as a municipal corporation of the State of Washington. The identity of the parties hereto is as set forth hereinabove. 16. The purpose of this Agreement is to accomplish the objectives of this Agreement. 17. The funding of the respectiveobligations of the parties shall be out of the respective general funds/current expenses of the parties, except as otherwise specifically provided. 18. The performances of the duties of the parties provided hereby shall be done in accordance with standard operating procedures and customary practices of the parties. 19. Unless a joint oversight and administration board is created as provided herein, the oversight and administration of the Agreement shall be by the respective named . representatives identified in Section 12 hereof, or their designees. 20. Compliance with Laws: Hazardous Substances. VRFA shall at its cost, obtain all permits, licenses and approvals necessary or appropriate for the conduct of its business as herein specified. VRFA shall not use the Fire Station nor shall the Fire Station be used, in whole or in part, during any portion of the Term for any purpose or use in violation of, and VRFA shall comply with, any and all, present and/or future laws, ordinances, regulations or rules of any public authority, including but not limited to the Americans with Disabilities Act and any similar federal or state laws relating to the manner and use of the Fire Station. Except for small quantities stored and used in accordance with the applicable law, VRFA shall not keep within, on or around the Fire Station for use, disposal, treatment, generation, storage or sale any substances designated as, or containing components designated as, a hazardous, dangerous, toxic material or substance or any material or substance that is subject to regulation under any local, state or federal law, statute, ordinance or regulation pertaining to health, hygiene, safety or the environment or substance that is otherwise subject to such regulation as hazardous, dangerous, toxic or harmful (collectively "Hazardous Substances"). VRFA shall be solely responsible for and shall defend, indemnify and hold the City and any successors -in -interest to the City, including any lender of the City, and their respective agents and employees harmless from all claims, costs, damages, liabilities, including attorneys' fees and costs, arising out of or in connection with the VRFA's breach of its obligations contained in this paragraph or arising out of or in connection with removal, clean-up or restoration deemed reasonably necessary by any governmental entity or the City to remove, clean-up or restore any portions of the Fire Station as the result of Hazardous Substances used, disposed, treated, generated or stored by VRFA. VRFA's obligations under this paragraph shall survive expiration and termination of the Lease. 21. Unless otherwise specifically provided herein, any real property to be held in connection herewith, if applicable, shall be held as the separate property of the party or parties in whose name(s) the property is/was acquired. 22. No provision of this Agreement shall relieve either party of its public agency obligations and or responsibilities imposed by law. 23. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable by a final decision of any court having jurisdiction on the matter, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect, unless such court determines that such invalidity or unenforceability materially interferes with or defeats the purposes hereof, at which time the City shall have the right to terminate the Agreement. 24. This Agreement constitutes the entire agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modifications or amendments of this Agreement shall be valid or effective unless evidenced by an agreement in writing signed by both parties. 25. Copies of this Agreement shall be filed with the Auditor's Office of the county in Washington State in which the property or project is located, and if not site specific, then in the King County Auditor's Office; the Secretary of State of the State of Washington; and the respective Clerks of the parties hereto. r IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. Valley Regional Fire Authority OF URN By: ii`L�✓�,v Peter B. Lewis, Mayor Its: Attest: X41 hm,i Attest: / �1 City Clerk Approved as to form: tomey: Valley Regional Fire Authority A orney: City o uburn 6 RESOLUTION NO. 3 8 7 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF AUBURN AND THE UNITED STATES OF AMERICA FOR RENTAL OF OFFICE AND LIGHT INDUSTRIAL SPACE AT THE GENERAL SERVICES ADMINISTRATION (GSA) FIRE STATION/SHOP BUILDING, GSA WAREHOUSE COMPLEX, LOCATED AT 2815 "C" STREET SW WHEREAS, the City of Auburn lease agreement with the United States of America for lease of premises at the GSA for use by the Auburn Fire Department has expired; and WHEREAS, the City of Auburn desires to enter into another lease agreement with the Untied States of America for lease of premises at the GSA for use by the Auburn Fire Department effective July 1, 2005 through June 30, 2010. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute a lease agreement between the United States of America and the City of Auburn for the rental of office and light industrial space at the GSA Fire Station/Shop Building, General Services Administration Warehouse Complex, 2815 "C" Street S.W., within the City of Auburn for use by the Auburn Fire Department effective July 1, 2005 through June 30, 2010 for an annual rental fee of Fifty -Five Thousand One Hundred Resolution No. 3875 July 12, 2005 Page 1 of 2 Seventy Four Dollars and Ninety Two Cents ($55,174.92). A copy of said lease agreement is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. Implementation. The Mayor of the City of Auburn is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this resolution. Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED THIS % DAY OF , 2005. 0 CITY O U N PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk Daniel B. Heid, City Attorney Resolution No. 3875 July 12, 2005 Page 2 of 2 TERMS AND CONDITIONS A. Lessee has inspected and knows the condition of the leased premises and agrees to accept same in its "as is" condition. It is further understood that the leased premises are hereby leased without any additions, improvements or alterations thereto. B. Lessee shall not make any additions, improvements, repairs, or alterations to the leased premises without the prior written consent of Lessor in each and every instance. C. The Lessor shall, except as otherwise specified herein and except for damages resulting from the act or negligence of the Lessee, his agents, employees, maintain in good repair and tenantable condition the demised premises, including the building and any and all equipment, fixtures, and appurtenances, whether severable or nonseverable, furnished by the Lessor under this lease. D. Lessee shall use reasonable care in the occupation and use of the leased premises. Upon the expiration or termination of this lease, Lessee shall vacate the leased promises, remove his property therefrom and forthwith yield and place Lessor in peaceful possession of the leased premises, free and Gear of any liens, claims, or encumbrances and in as good condition as the leased premises existed at the commencement of this lease, ordinary wear and tea excepted. E. Lessor shall not be responsible for damage to property or injuries to persons, which may arise from or be incident to the use and occupation of the leased premises, nor for damages to the property or injuries to the person of Lessee or of others who may be on said premises at Lessee's invitation and Lessee shall hold Lessor harmless from any and all claims for such damages or injuries. F. Lessee shall comply with all applicable Municipal and State Laws, ordinances and regulations; and obtain and pay for all licenses and permits as may be required. G. Lessee agrees not to use the leased.premises in any way which, in the judgment of the Lessor poses a hazard to the Lessor, the leased premises, other Lessees, or the building In part or whole, nor shall Lessee use the leased premises so as to cause damage, annoyance, nuisance or inconvenience to the building occupants or others. H. Lessee, Lessee's agency, employees, invitees or visitors, shall comply fully with all Rules and Regulations Governing Public Buildings and Grounds as now posted or subsequently amended. I. The Lessor reserves the right to enter the leased premises at all reasonable hours to inspect it, exhibit same or to make such repairs, additions or alterations as Lessor considers necessary for the safety, improvement or preservation of the Lessee's premises or any part thereof. J. Unless otherwise specified herein, Lessee shall, without expenses to the Lessor and to the satisfaction of the Lessor, obtain and carry public liability insurance coverage for third party bodily injury liability with limits of liability for bodily injury and third party property damage liability in the amounts specified by the General Services Administration Contracting Officer. A certified copy of the policy with endorsement, manually countersigned, shall be furnished the Lessor within 15 days from the date of execution of this lease. The policy for general third party liability shall include an endorsement naming the United States of America, as an additional insured. The policy shall include the following endorsement: "It is a condition of this policy that the insurance company shall furnish written notice to the. General Services Administration, Contracting Officer, in writing, thirty (30) days in advance of the effective date of any reduction to or cancellation of this policy." K. If the Lessee shall fail to pay the rent herein provided or shall abandon the leased premises or shall fail to observe or perform any other conditions, covenants or agreement as herein stated, then the Lessor may, at its option: (a) declare this lease ended and terminated and may reenter the leased premises and remove all persons or things therefrom, and the Lessee hereby expressly waives all service of any demand or notice prescribed by any statute whatever, and (b) on IN WITNESS WHEREOF, the parties hereto have signed and sealed their Executed this --_-_,-day of , 20_ IN PRESENCE OF: By: (Witness Signature) FEDERAL TAX ID or SS#: authority hereby granted the Lessor by the Lessee to dispose of such personal property left in the premises as deemed in the best interest of the United States of America and Lessee shall be liable for such damages as the Lessor may incur. L. In the event that a state or local tax is imposed upon the occupancy, use, valuable possession, or valuable leasehold interest of or in the real property hereby leased, the obligation for the payment of the tax will be wholly that of the Lessee. M. No member of or delegate to Congress, or resident Commissioner shall be admitted to any share or part of this lease agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to any corporation or company If the agreement be for the general benefit of such corporation or company. N. The Lessee's name and location may be placed on the building directory, floor directory and/or door plate, if the building is so equipped. No signs of the Lessee shall otherwise be placed inside or outside of the demised premises unless specifically authorized'by the Lessor in writing. O. The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee except bona fide employees or bona fide established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty, the Lessor shall have the right to annul this lease without liability, or in its discretion, to require Lessee to pay in addition to the contract price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. P. The failure of Lessor to insist in any one or more instances upon performance of any of the terms, covenants, or conditions of this lease shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant, or condition, but Lessee's obligation with respect to such future performances shall continue in full force and effect. Q. Any notice or advice to or demand upon Lessee shall be in writing and shall be deemed to have been given or made on the day when it is sent by certified mail to the Lessee's address indicated in paragraph 1, or at such other address as Lessee may hereafter from time to time specify in writing for such purpose. Any notice or advice to or demand upon Lessor shall be in writing and shall be deemed to have been given or made on the day when it is sent by certified mail to the Lessor's Contracting Officer address indicated on the signature page herein, or at such other address as Lessor's Contracting Officer may ,hereafter from time to time specify in writing for such purpose. The Contracting Officer is the Lessor's representative and is the only person who has authority to sign or amend the terms or conditions of this lease. R. The Lessee agrees that he will not discriminate by segregation or otherwise against any person or persons because of race, color, creed, sex or national origin.in fumishing, or by refusing to furnish to, such person or persons the use of any facility, including any and all services, privileges, accommodations, and activities provided therein. S. Except with the prior written consent of Lessor, Lessee shall neither transfer nor assign this lease or any of his rights hereunder, nor sublet the leased premises or any part thereof or any property thereon nor grant any interest, privileges or license whatsoever in connection with this lease. T. Lessee acknowledges that he acquires no right by virtue of execution of this lease to claim any benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646. U. If the property leased is located in a State requiring the recording of leases, the Lessee shall comply with all such statutory requirements at Lessee's expense. JUL IS 2005 -]� _ ""s (Signature) . (Print Name) (Signature) Print Name) Accepted on behalf of the TED STATES OF AMERICA this D day of , f�4� 20 M GE LSERVICES AD INI TRATION By: Title: CONTRACTING QIFICER Western Service Center Address: GSA, 915 — 2 Ave., Doom 390, Seattle, WA 98174 Contract No. GS-10PTE-OL-5-25 %s U. S. GOVERNMENT LEASE OF REAL PROPERTY 1. THIS LEASE entered into in accordance with the Cooperative Use Act, 40 U.S.C. (a)(16), by and between the United States of America, acting by and through General Services Administration (GSA), hereinafter called Lessor, and CITY OF AUBURN hereafter called the Lessee, whose address is, 25 WEST MAIN STREET, AUBURN, WA 98002, to use and occupy the property hereinafter described under the terms and subject to the conditions contained herein. 2. WITNESSETH: The Lessor hereby leases to the Lessee the following described premises: Approximately 13,153 square feet consisting of approximately 3,115 square feet of office, kitchen and quarters, approximately 6,438 square feet of light industrial space and approximately 3,600 square feet of parking, including the use of parking and truck maneuvering areas and common areas with ingress and egress to the subject space, located in the 815 building, 2905 "C" Street SW, Auburn, WA 98001-7412. To be used exclusively for the following purpose(s): Operation of a 24-hour fire department, including emergency response, special services and police department personnel and equipment. The storage and/or use of hazardous/flammable materials is prohibited. Storage and/or distribution of perishable food grade products are prohibited. 3. TO HAVE AND TO HOLD the premises with their appurtenances under the following term beginning, July 1. 2005 and ending, June 30, 2010 This agreement will revert to a month -to -month occupancy, pending a negotiated agreement of renewal, based on current market rates for like space. Lessee must notify the Contracting Officer, in writing, of intent to renew no later than thirty (30) days prior to expiration of the initial lease term. 4. The Lessee shall pay the Lessor an annual rental of 55 774.921Fifty five thousand one hundred seventy four dollars and advance. 1, payable r the rate of 4 597.91 (Four thousand five hundred ninety seven dollars and 911100) per month in advance. Rent for part of a month shall be prorated. All payments shall be made payable to the General Services Administration, and shall contain the following outlease number for identification purpose check or money order and mailed to the OFFICE OF FINANCE GENERARVICES A ISTIRATION paymentsare a0. BOX 894201 pay AN s LESonly CA 90189-4201 for receipt on or before the first day of each month. This address for the receipt of rent Payments only with ail other correspondence submitted to the Contracting Officer. The Lessor shall furnish the Lessee under the terms of this lease services and utilities as follows: Utilities as currently in place and �1 operable. Utilities for normal business are provided for an eleven (11) hour day, five (6) days a week. Regularly scheduled overtime usage that extends beyond the eleven hours, on weekends, or federal holidays, shall be paid for by the Lessee on an hourly rate, negotiated between the GSA Property Manager and the Lessee and payment shall be remitted to the local GSA Property Management office. Lessee responsible for all janitorial and trash removal services and to be performed at the satisfaction of the Lessor. If heat or air conditioning services are provided under this lease, the Lessor agrees to maintain temperatures in the demised Premises in accordance with current Lessor standards for its buildings. In the event of a fuel -shortage, where the Lessor Is required to out back or curtail fuel consumption the Lessee agrees to accept heating or air conditioning at whatever level is available. 6. The following paragraph (s) were deleted before execution of this, lease: Terms and Conditions - Paragraph J 7. The following paragraph (s) or document (s) were incorporated before execution of this lease: Exhibit A 8. Space offered is accepted "as is". Any proposed changes/alterations to the space shall be the sole responsibility of the Lessee, with prior approval and acceptance by the GSA Property Manager or designated representative. 9. The Lessee shall be subject to all Federal Property Regulations and Rules of Occupancy that apply to Federal tenants (Title 41, CFR, Subpart 101-20.3 and Title 18, USC, Section 930). Such rules and regulations shall be administered by General Services Administration. 10. The Lessor/Lessee may terminate this lease at any time by giving at least one hundred eighty (180) days notice i ritin Lessee/Lessor, and no rental shall accrue after the effective date of termination. Said notice shall be computed co enci g w e the date of mailing by either the Lessor/Lessee. (� 11. Unless otherwise specified herein, Lessee shall, without expense to the Lessor and to the satisfaction of the Le obfain carry. public liability insurance coverage for third party bodily injury liability, with limits of liability of $1,000,o00 ccurrence, and third party property damage liability to cover loss of use, or damage to building of $1,000,000 per occurrence. ertification of insurance shall be furnished the Lessor within fifteen (15) days from the date of execution of this lease, �Fiis-eeiisy�er-geNerat shall include the following endorsement "it Is a condition of this policy that the Insurance company shall furnish writte Theenolicy notice to the General Services Administration, Real Estate Contracting Officer, in writing, thirty (30) days in advance of the effective date of any reduction to or cancellation of this policy.,, This Certificate of Insurance must hp ���►,'.,i+re,i •,. the GSA. Cnntrnr i.. r*w.--. n__, �_._._ _ _ 12. Lessee shall have the right to install and maintain a business identification sign of appropriate size, to be located at the direction of the GSA Property Manager. 13. Any racking or equipment installed shall meet the specifications of applicable local codes, and if this requires installation of floor bolts, upon termination of the outease contract, the bolts shall be cut off at the surface and ground to be level with the concrete floor, to the satisfaction of the GSA Property Manager or designated representative. Installation of fencing or devices for security purposes is optional, with GSA approval and acceptance. 14. Lessor shall provide keys to warehouse space and magnetic key cards for warehouse gate access on a twenty-four (24) hour basis, seven (7) days a week. All keys shall be returned to Lessor upon termination of the lease. A charge of $15.00 per magnetic card key will be assessed for each key lost or not returned to Lessor. A charge of $150.00 per lock core will be assessed for each lock core that is re -keyed due to not returning a key to the Lessor. Lessor will require payment within thirty (30) days of notification of said charge. 15. Lessee -is placed on notice that use/occupancy of non-leased/unassigned space, shall be grounds for assessment of non- negotiable rental charges, equal to the existing square footage market rate, for each day the space is occupied: Lessor will require payment within thirty (30) days of notification of said charge. 16. All common use areas are permitted for tenants of the building/complex. All federal restrictions to such areas are applicable. ,7, City of Auburn - Fire Approx. 3,600 sf parking GSA Auburn Warehouse Comp - 815 Building 2905 "C" Street SW Auburn, WA 98001-7412 WA0815KA LAXY or Auburn - vire Approx. 3,115 sf office, kitchen & quarters. Approx. 6,438 sf light industrial space. INITIALS VV L3l1O1J11.H GENERAL SERVR-A S ADMINISTRATION SUPPLEMENiAu .AGREEMENT DATE DEC 2 1 PUBLIC BUILDINGS SERVICE I NO. 1 �0� J SUPPLEMENTAL LEASE AGREEMENT TO LEASE NO, GS-10PTE-OL-5-25 ADDRESS OF PREMISES GSA Warehouse Complex 815 Bldg., 2905 "C" Street SW, Auburn, WA 98001-7412 THIS AGREEMENT, made and entered into this date by and between CITY OF AUBURN whose address is 25 West Main Street Auburn, WA 98002 hereinafter called the Lessee, and the UNITED STATES OF AMERICA, hereafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease. NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said Lease is amended, effective July 1, 2005 , as follows: This SLA#1 (supplemental lease agreement) reflects the deletion of insurance requirement based on the City of Auburn's self -insured status, therefore, Paragraph 11 is deleted in its entirety. All other terms and conditions of the lease. shall remain in force and effect. IN WITNE WHERE p es subscribed eir names as of the above date. LESSEE BY ISi ---(Title) e �— ) N PRESEkh UNITED STATES OF :M CONTRACTING OFFICER GENERAL SERVICES ADMINISTRATION (Official Title) GSA Form 276 (Jul. 67)