HomeMy WebLinkAbout4322RESOLUTION NO.4 3 2 2
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
CITY OF AUBURN AND GREEN RIVER MUSIC,
INC.
WHEREAS, the City of Auburn is the owner of certain real property
located at 108 South Division in Auburn, Washington; and
WHEREAS, Green River Music, Inc. desires to enter into a lease with the
City for said property 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 Green River Music, Inc. which agreement shall be in
substantial conformity with the agreement 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.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Resolution No. 4322
February 27, 2008
Page 1 of 2
Dated and Signed this 4- 4-41 day of 2008.
CITY O B L
r
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
iel B. Held-,City Attorn
Resolution No. 4322
February 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
LESSEE: Green River Music, Inc, doing business at 108 South
Division, Suite D, 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 D
of the property located at 108 South Division Auburn, King County,
Washington, depicted in EXHIBIT A, attached hereto and incorporated by
reference, and 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.
TERMS AND CONDITIONS
1. Term. This lease shall be effective on the date this document is
signed by both parties and shall run for one year or until February 28,
2009, which ever is less. This lease shall have one, one year automatic
Green River Music, Inc. 1 of 11 3/11/2008
renewal option. Either party may terminate this lease for any reason with
90 days written notice from the terminating Party to the other Party.
2. Rent. Rent for the premises shall be seven hundred eighty-two
dollars and no/cents ($782.00) per month. Rent shall be payable in
advance, on the firth (5t") day of each successive month. Said payment
being six hundred ninety-three and 021100 cents ($693.02) in rent and
eighty-eight and 981100 cents ($88.98) in leasehold excise 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. Security Deposit. LESSEE previously paid a security deposit
with the previous LESSOR in the sum of One Thousand Two Hundred
Dollars and no/cents ($1,200.00) as security for LESSEE'S faithful
performance of all terms and conditions of this lease agreement. Such
performance shall include, for example, paying the rent and leaving the
premises reasonably clean and undamaged at the end of this agreement.
Upon the termination of this agreement, if the LESSEE is in full
compliance with all of the terms and conditions of this agreement, the
security deposit shall be returned to them. If, however, LESSEE fails to
leave the premises reasonably clean and undamaged, or if they owe
Green River Music, Inc. 2 of 11 3/11/2008
unpaid rent, LESSOR shall apply the deposit to any cleaning or repair
costs incurred, and to any unpaid rent. The remainder of the deposit, if
any, shall be refunded to LESSEE. If the costs or rent exceed the amount
of the deposit, LESSEE shall pay excess immediately upon notification by
LESSOR. If LESSEE fails to pay it immediately upon notification it is
understood and agreed that LESSOR may initiate legal proceedings to
collect it.
4. Common Areas. LESSEE shall have the use of common area
restrooms.
5. Parking. LESSEE is assigned two parking space(s). LESSEE
will place a City parking permit 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 owner's expense. LESSEE may only park a vehicle that is
registered in LESSEE'S name. LESSEE may not assign, sublet, or allow
any other person to use LESSEE'S assigned space(s).
6. 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.
7. Possession/Use. LESSEE shall use the property only for the
Green River Music, Inc. 3 of 11 3/11/2008
direct purpose of operating the Green River Music store and shall comply
with all federal, State, and local laws, rules, ordinances, and codes
affecting their use of the premises.
8. Assignment and Sublease. LESSEE shall not assign this
lease or sublet the premises without LESSOR'S written consent.
9. 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
premises are located.
Green River Music, Inc. 4 of 11 3/11/2008
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.
10. 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.
11. 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 LESSEE'S use of premises, or
from the conduct of LESSEE'S 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 by LESSEE shall be at their risk.
Green River Music, Inc. 5 of 11 3/1112008
12. 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
LESSEE'S operation and use of the leased premises.
13. 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 LESSEE'S
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.
14. 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.
(b) Property insurance shall be written covering the full value of
Green River Music, Inc. 6 of 11 311112008
LESSEE'S property and improvements with no coinsurance
provisions.
15. Other Insurance Provisions. The insurance policies are to
contain, or be endorsed to contain, the following provisions for
Commercial General Liability insurance:
(a) The LESSEE'S 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 LESSEE'S insurance and
shall not contribute with it.
(b) The LESSEE'S 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.
16. Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best rating of not less than ANII
17. 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.
18. Waiver of Subrogation. LESSEE and LESSOR hereby
Green River Music, Inc. 7 of 11 3/11/2008
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.
19. LESSOR'S 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.
20. Damage or Destruction of Premises. In the event the
premises are substantially damaged or totally destroyed by a casualty not
caused by LESSEE'S willful or negligent act, this lease shall be
immediately terminable at LESSOR'S 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.
21. 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,
and if the default is not corrected within 30 days after written notice of the
Green River Music, Inc. 8 of 11 3/11/2008
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 LESSEE'S last known address.
22. 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
LESSOR'S 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
prevailing party's attorney's fees and costs in a reasonable sum.
Green River Music, Inc. 9 of 11 3/11/2008
(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: i
AT ED:'? 17 , 2008.
LE;
CI1
By:
Attest: ?`?0 k4
Danielle Daskam, City Clerk
as
Daniel 8--Reid, City Attkmey
LESSEE:
By:
Title:
Green River Music, Inc. 10 of 11 3/11/2008
Peter B. Lewis, Mayor
Exhibit A
Green River Music, Inc. 11 of 11 3/11/2008
IoB S. DivisioN S-r. Sarre D