Loading...
HomeMy WebLinkAbout3875 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 i tV::; DAY OF -F--' 2005. "'~ PETER B. LEWIS MAYOR ATTEST: ~t24~ti1~ DanTelle E. Daskam, City Clerk Daniel B. Heid, 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. (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 $55.174.92 (Fifty five thousand one hundred seventy four dollars and 92/100), payable at the rate of $4.597.91 (Four thousand five hundred ninety seven dollars and 91/100), 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~AII payments are to be paid by check or money order and mailed to the OFFICE OF FINANCE. GENERA~STRATION. P. O. BOX 894201. LOS ANGELES. CA 90189-4201. for receipt on or before the first day of each month. This address for the receipt of rent payments only with all other correspondence submitted to the Contracting Officer. 5. The Lessor shall fumish 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 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. riting, to the encing w(fh, ~i\J 11. Unless otherwise specified herein, Lessee shall, without expense to the Lessor and to the satisfaction of the Le obtain and carry public liability insurance coverage for third party bodily injury liability, with limits of liability of $1 ,000,000 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. TI=li9 1ge1iey fer !!Jol'lf:>ral thil d I'srt) Iisbilit) 81'1811 il'lelude 8f1 cfldoffiemclFlt f1smiA!':l tl=le UAitod States of I\mofiea/GS/'., os an odElitieRal iAs(,JreEl as Fe91geets liability assumod in POFO!!JrllflA E of this lease and arising out of tAli U$1i and occu~ancy for leased pr'iA:lises 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 polley." This Certificate of Insurance must be submitted to the GSA. Contractina OffIcer. Real Estate. 400 _15th Avenue SW. Auburn. WA 98001-6599. 10. The Lessor/Lessee may terminate this lease at any time by giving at least one hundred eighty (180) days notice in Lessee/Lessor, and no rental shall accrue after the effective date of termination. Said notice shall be computed co the date of mailing by either the Lessor/Lessee. 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 in~tallation of floor bolts, upon termination of the outlease contract, the bolts shall be cut off at the S~rface and wound to b~ level wlt~ the concret~ floor, to the satisfaction of the GSA Property Manager or designated representative. Installation of fenCing or deVices for secunty 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 cha~e of ~150.00 per lo?k .cor~ will be assessed f~r ea?h 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 f?r asses~mdenLt of ~~n-'II negotiable rental charges, equal to the existing square footage market rate, for each day the space IS occuple. ess WI 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. Ib~:if15- .- 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 premises, remove his property therefrom and forthwith yield and place Lessor in peaceful possession of the leased premises, free and clear 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 t6ai 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 shali, 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 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 Lessae v.-arrants that no perse!') er 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 anyone 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 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 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. ,20 IN WITNESS WHEREOF, the parties hereto have signed and sealed their pr sen JUL I 8 2005 IN PRESENCE OF: By: (Witness Signature) FEDERAL TAX ID or SS#: (Signature) (Print Name) (Signature) .t-' ~C-i:) ~ daYOf_~~ )?rint Name) ,20~ Title: CONTRACTING gfFICERrl. Western Service Center Address: GSA, 915-2 Ave., ",oom 390, Seattle, WA 98174 Contract No. GS.10PTE.OL.5.25 ~ .. HIBIT A . . .. II . .. . . .. II .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. . .. .. .. .. . R If .. .. .. .. . .. .. .. .. . .. .. .. .. .. .. R .. .. . City of Auburn - Fire Approx. 3,600 sf parking GSA Auburn Warehouse ~~- 815 Building 2905 "C" Street SW Auburn, WA 98001-7412 WA0815KA City of Auburn - Fire Approx. 3,115 sf office, kitchen & quarters. Approx. 6,438 sf light industrial space. ~ 1N1r:LS ~ ssee/~' .tr~meP'lt (GSA) GENERAL SERVICES ADMINISTRATION PUBLIC BUILDINGS SERVICE SUPPLEMENTAL AGREEMENT W A0815KA DATE DEe 2 1 2UO~ NO 1 SUPPLEMENTAL LEASE AGREEMENT TO LEASE NO. GS-I0PTE-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, W A 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 Julv 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. eir names as of the above date. BY /'rl &(12 nitlo) '2 S WeLcl: W~ 1\ S t, A\^^hur'A VlIA. C(€(tll. (Address)' . BY CONTRACTING OFFICER GENERAL SERVICES ADMINISTRATION Official Title) GSA Form 276 (Ju!. 67)