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HomeMy WebLinkAbout4320RESOLUTION NO.4 3 2 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO LEASE OF REAL PROPERTY BETWEEN THE CITY OF AUBURN AND ACAP CHILD & FAMILY SERVICES WHEREAS, the City of Auburn and ACAP entered into a lease on March 27, 2007; and WHEREAS, it is the City's interest to amend the lease with ACAP. 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 amendment to the lease between the City of Auburn and ACAP Child & Family Service which amendment shall be in substantial conformity with the First Amendment to City of Auburn - ACAP Lease of Real Property 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. 4320 February 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 t ' day of , 2008. ATTEST: CI UBURN PETER B. LEWIS MAYOR l DaATeile E. Daskam, City Clerk Resolution No. 4320 February 27, 2008 Page 2 of 2 FIRST AMENDMENT TO CITY OF AUBURN - ACAP LEASE OF REAL PROPERTY THIS FIRST AMENDMENT TO LEASE (the "Amendment") is made as of this 2 I ? day of February 2008, by and between the City of Auburn, whose address is 25 West Main Street in Auburn, Washington (hereinafter called the "City"), and the ACAP Child & Family Service, a non profit organization, whose address is 1102 J Street S.E. of Auburn, Washington (hereinafter called "ACAP"). The City and ACAP entered into that certain Lease dated March 27, 2007 for the Lease of property as defined in item numbered 1 of the Lease at the property known as ACAP located at 1102 J Street S. E. of Auburn, Washington (the "Premise"). For good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the City and ACAP hereby agree to amend the Agreement as follows A. Modification of Section 2. The wording in the section numbered 2. is hereby deleted in its entirety and replaced with the following wording: 2. To have and to hold the said premises for the term beginning on the 27th day of March, 2007 and ending on the 31St day of August 2008. The City may thereafter grant subsequent one month extensions at the City's sole discretion. B. Modification of Section 7. The wording in the section numbered 7. is hereby deleted in its entirety and replaced with the following wording: 7. Upon the expiration or termination of this Lease, ACAP shall have the following options: 1) To remove their modular buildings, equipment, fixtures or appurtenances from the subject property and to return the property to its original condition, with the exception of the following: a. The underground utilities, which shall be capped off; and b. Leaving the paved parking areas as is; or 2) To leave their modular buildings, equipment, fixtures or appurtenances or portions thereof, and to the extent anything is remaining on the property, it shall inure to the City. The City may assess a maximum $2,000.00 site restoration fee to ACAP under this option 2. If the City intends to assess the site restoration fee, it shall notify ACAP in writing within 30 days of the termination or expiration of the lease, and if it does not do so within that 30 day period, the site restoration fee is waived. Under no circumstances shall ACAP be financially responsible for anything more than $2,000.00. If the property has been abandoned for whatever reason, this lease shall be considered terminated and the above terms and conditions will apply. Except as amended herein, all other articles, terms, and conditions of said Lease are unchanged and remain in effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year first above written. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITYOF A_UBU ACAP CHILD & FAMILY SERVICE < Peter B. Lewis, Mayor Gregory Wood, Board Presi nt Attest: Dam Daskam, City Clerk Ap o d a Daniel B. Hei -City Attorney