HomeMy WebLinkAboutITEM VIII-B-4AUBURN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 4413 Date: November 17, 2008
Department: Attachments: Budget Impact:
Human Resources Resolution No. 4413
Administrative Recommendation:.
City Council adopt Resolution No. 4413.
Background Summary:
A resolution authorizing the Mayor and City Clerk to execute an office space lease agreement between
the City of Auburn and the Auburn Downtown Association
S1117-1
A3.17
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
? Arts Commission COUNCIL COMMITTEES: ? Building ? M&O
? Airport ® Finance ? Cemetery ? Mayor
? Hearing Examiner ® Municipal Serv. ? Finance ? Parks
? Human Services ? Planning & CD ? Fire ? Planning
? Park Board ?Public Works ? 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: Backus Staff: Heineman
Meeting Date: November 17, 2008 Item Number: VI11.6.4
AUBURN * MORE THAN YOU IMAGINED
RESOLUTION NO. 4 41 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
OFFICE SPACE LEASE AGREEMENT BETWEEN
THE CITY OF AUBURN AND THE AUBURN
DOWNTOWN ASSOCIATION
WHEREAS, the City owns property located at 108 South Division Street
in Auburn, Washington;
WHEREAS, the Auburn Downtown Association desires to lease an office
suite in that building from the City at a cost that is acceptable to the City.
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 an Office Space Lease Agreement between
the City of Auburn and the Auburn Downtown Association for office space 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.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Resolution No. 4413
October 27, 2008
Page 1 of 2
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this day of 12008.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED-AS TO FORM:
iel B.
Resolution No. 4413
October 27, 2008
Page 2 of 2
OFFICE SPACE LEASE AGREEMENT
Lease agreement by and between:
LESSOR: City of Auburn, doing business at 25 West Main
Street, Auburn, Washington, hereinafter "LESSOR",
and
LESSEES: Auburn Downtown Association, doing business at 108
South Division, Suite C, Auburn, WA, Washington,
hereinafter "LESSEES."
IN AND FOR CONSIDERATION of the mutual benefits to each
party, subject to the terms and conditions below, LESSOR leases to
LESSEE, and LESSEE leases from LESSOR the Premises, being Suite C
(approximately 225 square feet of office space and the shared use of one
conference room) of the property located at 108 South Division Auburn,
King County, Washington, legally described as follows:
LOTS 3 AND 4, BLOCK 6, TOWN OF SLAUGHTER, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS,
PAGE 56, IN KING COUNTY, WASHINGTON.
Collectively hereafter known as the "Premise."
TERMS AND CONDITIONS
1. Term. This lease shall be effective on the date this document is
signed by both parties and shall be month to month unless terminated by
Exhibit A, Resolution No. 4413
Auburn Downtown Association 1 of 9
10/27/2008
either party with 30 days written notice.
2. Rent. Rent for the premises shall be three hundred and thirty-
eight dollars and 52/100 cents ($338.52) per month. Rent shall be
payable in advance, on or before the fifth (5th) day of each month during
the term of this lease. Said payment being three hundred dollars and
00/100 cents ($300.00) in rent and thirty-eight dollars and 52/100 cents
38.52 in leasehold tax. All rent shall be paid to LESSOR at 25 West
Main Street, Auburn, Washington, 98001. There shall be a $50.00 late fee
for any rent not paid within fifteen days of its due date. This late fee shall
be due and payable at the same time as the rent is paid.
3. Parking. LESSEE will be provided with one (1) parking permit
to be placed in the driver's side of the rear window of vehicle. All vehicles
without a City parking permit are subject to ticketing or towing at
LESSEES expense. LESSEE may only park a vehicle that is registered in
LESSEES name. LESSEE may not allow any other person to use
LESSEES parking permit.
4. Utilities. LESSOR shall pay for all water and garbage service
supplied to the premises during the term of this lease. LESSEE shall pay
for all electricity expenses supplied to the premises including, but not
limited to lighting, heating, and air conditioning during the term of this
lease. All utilities shall be paid before delinquency.
Exhibit A, Resolution No. 4413
Auburn Downtown Association 2 of 9
10/27/2008
5. Possession/Use. LESSOR shall use the property only for the
direct purpose of operating the Auburn Downtown Association and shall
comply with all federal, State, and local laws, rules, ordinances, and codes
affecting their use of the premises.
6. Assignment and Sublease. LESSEE shall not assign this
lease or sublet the premises without LESSORS written consent.
7. Remodeling and Alterations. The LESSEE may not remodel
or refurbish the premises in any way without receiving the written consent
of the LESSOR. The LESSEE may install such cabinets, shelves,
counters, and desks as may be reasonably necessary for their use of the
premises. The installation shall be done in a manner that minimizes any
damage to the premises. Upon termination of this lease, they shall
remove all the cabinets, shelves, counters, and desks from the premises,
and they shall promptly repair any nail or screw holes or other damage to
the premises resulting from the installation and removal of the same. All
such repairs shall be of first-class workmanship.
LESSEE may also place a sign on the exterior of the premises
identifying their use of the premises, provided, upon the expiration of this
lease, they shall remove the sign and repair any damage caused by
removal of the sign; and provided further, the sign must be compatible
with the general ambiance and character of the building in which the
Exhibit A, Resolution No. 4413
Auburn Downtown Association 3 of 9
10/27/2008
premises are located.
Should LESSEE violate any provisions of this section, it is
understood and agreed that LESSOR shall have the right to terminate this
lease, effective immediately, without notice.
8. Condition of Premises. LESSEE has inspected the premises
and any equipment, appliances, and fixtures which are included as part of
the premises, and accept them in their present condition. LESSEE
acknowledges that LESSOR has made no representation or warranty
concerning the condition of the premises, appliances, and fixtures.
LESSEE agrees to maintain the interior of the leased premises in their
present condition, less normal wear and tear associated with their proper
use.
9. Indemnification / Hold Harmless. LESSEE shall defend,
indemnify, and hold harmless the LESSOR, its officers, officials,
employees and volunteers 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 arises out of LESSEES use of premises, or
from the conduct of LESSEES business, or from any activity, work or thing
done, permitted, or suffered by LESSEE in or about the premises, except
only such injury or damage as shall have been occasioned by the sole
negligence of the LESSOR. All personal property placed on the premises
Exhibit A, Resolution No. 4413
Auburn Downtown Association 4 of 9
10/27/2008
by LESSEE shall be at their risk.
10. Insurance. The LESSEE shall procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons
or damage to property, which may arise from or in connection with the
LESSEES operation and use of the leased premises.
11. Minimum Scope of Insurance. LESSEE shall obtain
insurance of the types described below:
(a) Commercial General Liability insurance shall be written on
Insurance Services Office (ISO) occurrence form CG 00 01
and shall cover premises and contractual liability. The
LESSOR shall be named as an insured on LESSEES
Commercial General Liability insurance policy using ISO
Additional Insured-Managers or LESSORS of Premises
Form CG 20 11 or a substitute endorsement providing
equivalent coverage.
(b) Property insurance shall be written on an all risk basis.
12. Minimum Amounts of Insurance. LESSEE shall maintain the
following insurance limits:
(a) Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate.
Exhibit A, Resolution No. 4413
Auburn Downtown Association 5 of 9
10/27/2008
(b) Property insurance shall be written covering the full value of
LESSEES property and improvements with no coinsurance
provisions.
13. Other Insurance Provisions. The insurance policies are to
contain, or be endorsed to contain, the following provisions for
Commercial General Liability insurance:
(a) The LESSEES insurance coverage shall be primary
insurance as respect the LESSOR. Any Insurance, self-
insurance, or insurance pool coverage maintained by the
LESSOR shall be excess of the LESSEES insurance and
shall not contribute with it.
(b) The LESSEES insurance shall be endorsed to state that
coverage shall not be cancelled by either party, except after
thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the LESSOR.
14. Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best rating of not less than A:VII.
15. Verification of Coverage. LESSEE shall furnish the LESSOR
with original certificates and a copy of the amendatory endorsements,
including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the LESSEE.
Exhibit A, Resolution No. 4413
Auburn Downtown Association 6 of 9
10/27/2008
16. Waiver of Subrogation. LESSEE and LESSOR hereby
release and discharge each other from all claims, losses and liabilities
arising from or caused by any hazard covered by property insurance on or
in connection with the premises or said building. This release shall apply
only to the extent that such claim, loss or liability is covered by insurance.
17. LESSORS Property Insurance. LESSOR shall purchase and
maintain during the term of the lease all-risk property insurance covering
the Building for their full replacement value without any coinsurance
provisions.
18. Damage or Destruction of Premises. In the event the
premises are substantially damaged or totally destroyed by a casualty not
caused by LESSEES willful or negligent act, this lease shall be
immediately terminable at LESSORS election. Upon such termination, all
rent shall be prorated to the date of termination, with LESSEE receiving a
refund from LESSOR for any rent attributable to the period following the
date of termination. If, however, the premises are only partially damaged
as a result of such casualty, LESSOR shall repair the same. Until the
repairs are completed, rent shall abate in proportion to any loss of use of
the premises by LESSEE.
19. Default/Re-entry. Time is of the essence of this lease. If
LESSEE defaults in any material term or condition or term of this lease,
Exhibit A, Resolution No. 4413
Auburn Downtown Association 7 of 9
10/27/2008
and if the default is not corrected within 30 days after written notice of the
default, LESSOR may cancel this lease and re-enter the premises.
Service of the notice of default shall be in person or by certified mail,
return receipt requested, directed to LESSEES last known address.
20. Miscellaneous.
(a) LESSOR or its agent may at reasonable times and upon
reasonable notice enter the premises to insure compliance with this lease.
This right to enter for inspection purposes shall not be construed as a duty
to inspect.
(b) This agreement shall be binding upon and run to the benefit of
the heirs, personal representatives, and assigns of each party, provided,
LESSEE shall not sublet the premises or assign this agreement without
LESSORS written consent.
(c) Should it become necessary to replace any appliances, fixtures
or equipment included as part of the premises which, as a result of
ordinary use and wear, become unusable and cannot be reasonably
repaired, LESSOR shall have no obligation to replace them. If LESSEE
replaces them, they shall belong to LESSOR and they shall remain on the
premises upon the termination of this lease.
(d) If either party brings a suit against the other to enforce any
rights or obligations contained in this lease, the losing party shall pay the
Exhibit A, Resolution No. 4413
Auburn Downtown Association 8 of 9
10/27/2008
prevailing party's attorney's fees and costs in a reasonable sum.
(e) This lease agreement may be modified by the parties at any
time, but only upon the written agreement of the parties.
(f) Except as may be hereafter modified, this agreement contains
all agreements of the parties respecting the matters contained in this
agreement.
DATED: , 2008.
LESSOR:
CITY OF AUBURN
By:
Peter B. Lewis, Mayor
Attest:
Danielle Daskam, City Clerk
LESSEE:
By:
Title:
Exhibit A, Resolution No. 4413
Auburn Downtown Association 9 of 9
10/27/2008