HomeMy WebLinkAbout07-19-2005 ITEM VIII-B-6/AAA CITY OF - sw,,,.•
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Date:
Resolution No. 3875
July 12, 2005
Department:
Attachments:
Budget Impact:
Finance
Resolution No.
3875
Administrative Recommendation:
City Council to adopt Resolution No. 3875.
Background Summary:
Resolution No. 3875 authorizes the Mayor and City
Clerk to execute a lease agreement with the United
States of America for office and light industrial space at the General Services Administration warehouse
complex located at 2815 "C" Street S.W. for use by the Auburn Fire Department.
N0718-1
A3.17
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&C,
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ® Municipal Serv.
® Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board []PublicWorks
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: []Yes ❑No
Council Approval: [-]Yes ❑No
Call for Public Hearing
Referred to Until
Tabled Until
—/—!—
Councilmember: Cerino
Staff: Coleman
Meeting Date: July 18, 2005
Item Number: VI11.B.6
AUBURN *MOPE THAN YOU IMAGINED
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
Seventy Four Dollars and Ninety Two Cents ($55,174.92). A copy of said lease
----------------------
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 12005.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
City Attorney
Resolution No. 3875
July 12, 2005
Page 2 of 2
U. S. GOVERNMENT
LEASE OF REAL PROPERTY
1. THIS LEASE entered into in accordance with the Cooperative Use Act, 40 U.S.C. (axt 6), 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, whom 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 hazardoualfiammable 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 tens.
4. The Lessee shall pay the Lessor an annual rental of $55.174.92 (Fifty five thousand one hundred seventy four dolla
9211001, payable at the rate of $4.597.91 (Four thousand five hundred ninety seven dollars and 91/100) per month
advance. Rent for part of a month shall be prorated. All payments shall be made payable to the General Services Admi
and shall contain the following oullease number for identificallon purposes: GS-10PTE-OL-5.25. All payments are to be
check or money order and mailed to the OFFICE OF FINANCE_ OFNFRAI gFRVrCoc AnMLMigre A�Kl e n =^.
,e a Ie insL uay or eacn monm. i ms atinress for the receipt of rent
submitted to the Contracting Officer.
5. The Lessor shall furnish the Lessee under the terms of this lease services and utilities as follows: Utilities as currently in place and
operable. Utilities for normal business are provided for an eleven (11) hour day, five (5) 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 cut 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 changesraherations 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 elghty (180) days notice in writing, to the
Lessee/Lessor, and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with
the date of mailing by either the Lessor/Lesses. -
11. Unless otherwise specified herein, Lessee shall, without expense 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 of $1,000,000 per occurrence, and
third party property damage liability to cover loss of use, or damage to building of $1,000,000 per occurrence. A certification of
insurance shall be furnished the Lessorwithin fifteen (15) days from the date of execution of this lease. This policy for general
third party liability shall Include an endorsement naming the United States ofAmerica/GSA, as an additional insured as respects
liability assumed in Paragraph E of this lease and arising out of the use and occupancy for leased premises by Lessee. 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, 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 be submitted to
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 outlease contract, the bolts shall be out off at the surface skid 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 am permitted for tenants of the building/complex. All federal restrictions to such areas are applicable.
TERMS AND CONDITIONS
A. Lessee has inspected and knows the condition of the leased
premises and agrees to accept more 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 Lassee, 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
nonsevemble, furnished by the Lessor under this lease.
D. Lessee shall use reasonable are in the occupation and use of the
lamed premises. Upon the expiration or termination of this lease,
Lessee shall vacate the leased premises, remove his property
therefrom and forthwith yield and place Lessor in peaceful possession
of the leased premises, free and dear 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 tear
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 hamiless
from any and all claims for such damages or injures.
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
Me 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 muse damage, annoyance,
nuisance or inconvenience to the building occupants or others.
H. Lessee, Lessee's agency, employees, invileas or visitors, shall
comply fully with all Rules and Regulations Governing Public Buildings
and Grounds as now posted or subsequently amended.
L The Lessor reserves the right to enter the lamed 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 cony
public liability Insurance, coverage for third party bodily injury liability
wird limits of liability for bodily injury and third parry 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 venting, thiny.(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
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 ro 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 anti/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
IN discretion, to require Lessee to pay in addition to the contract price
or consideration, the full amount of such commission, percentage,
brokerage, or contingentme.
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 consisted as a waiver or relinquishment of the future
performance of any such temr, covenant, or condition, but Lessee's
obligation with respect to such future performances shall continue in
full force and effect.
O. 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 Lessees 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
Lassoes Contracting Officer address indicated on the signature page
herein, or at such other address as Lessors Contracting Officer may
hereafter from time to time specify in writing for such purpose. The
Contracting Officer is the Lessors 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 bemuse of race, color, creed,
sex or national origin in furnishing, 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 odor 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 Ad 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.
IN WITNESS WHEREOF, the parties hereto have signed and sealed their presents on the data indicated below.
Executed this day of 20_
IN PRESENCE OF:
By:
(Wdness Signature)
FEDERAL TAX ID or SS*
Accepted on behalf of the UNITED STATES OF AMERICA this day of
GENERAL SERVICES ADMINISTRATION
Title: CONTRACTING 9FFICE%Western Service Center
Address: GSA, 915-2 Ave., Room 390, Seattle, WA 98114
Contract No. GS-1OPTE-OL-5.25
LESSEE
(Signature)
(Print Name)
(Signature)
(Print Name)
(Signature)
(Print Name)
20_
City of Auburn - Fire
Approx. 3,600 sf parking
GSA Auburn Warehouse Comp�r
815 Building
2905"C" Street SW
Auburn, WA 98001-7412
WA0815KA
� � 1
. vty vi riuvurii - rtre
Approx. 3,115 sf office, kitchen
& quarters. Approx. 6,438 sf
light industrial space.
INITIALS
Lessee/Goomm rtt (GSA)
CITY OF *,
A1U, r
Peter B. Lewis, Mayoi
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.ci.auburnma.us * 253-931-3000
July 12, 2005
Mr. Rick Gordon
Real Estate Contracting Officer
General Services Administration
400 15`h Street SW
Auburn, WA 98001-6599
Re: Lease (GS -LOPES -OL -0-31) Renewal at 815 Building Located at 2905 "C" Street SW,
Auburn, WA
Dear Mr, Gordon:
The City of Auburn is currently occupying 9,553 square feet of office, kitchen quarter and light
industrial space with an additional 3.600 square feet of parking at 2905 "C" Street SW in
Auburn. The space is being utilized by the City to operate a 24-hour fire department, including
emergency medical response, special services and police department personnel and equipment.
The current five-year lease the City has been operating with expired on June 30, 2005.
The city is requesting a five year renewal of the lease. The current lease rate is $4,597.91 per
month or $55,174.92 per annum.
The City understands that there is the possibility that the property may be surplused in the near
future. The recent lease has a clause (item 10) for termination by either party with at least 180
days notice. This termination language is acceptable to the City and should provide both parties
adequate time or notice.
This letter is being sent via facsimile with the term, area and stated rate as you have requested. I
have also enclosed a letter from the Assistant Fire Chief Mike Gerber, which was faxed to your
office on Fire Department letter head on the 22 d of June.
Please provide me with your contract document or I can have the current document updated.
City Council meets on Monday the 18"h of July and I would like to have the agreement available
for their confirmation on that evening.
Please contact me at 253 804 5019 or by email: srcoleman@vauburnwa.gov. Thank you for your
time.
Sincerel
Shelley Coleman
Finance Director
AUBURN* MORE THAN YOU IMAGINED