HomeMy WebLinkAbout4369RESOLUTION NO. 4 3 6 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A COMMERCIAL LEASE
AGREEMENT BETWEEN THE CITY OF AUBURN AND
THE BOYS AND GIRLS CLUB OF KING COUNTY
(BGCKC)
WHEREAS, the City of Auburn and the Girls and Boys Club of King
County (BGCKC) wish to work together to create an Auburn Tween/Teen
Center and Gymnasium for the benefit the youth of the City of Auburn; and
WHEREAS, the City of Auburn owns and maintains the premises known
as the Parks, Recreation and Arts Administration Building (PRAB) located at
911 9th Street Southeast in Auburn, Washington; and
WHEREAS, in order to obtain grant funding, the BGCKC and City of
Auburn have entered into a lease for the PRAB premises, as well as the
gymnasium to be constructed a later date, subject to council approval.
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 a commercial lease agreement between the
City of Auburn and the Boys and Girls Club of King County which agreement
shall be in substantial conformity with the Commercial Lease Agreement
Resolution No. 4369
June 19, 2008
Page 1 of 2
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.
Dated and Signed this /'? day of 4 '2008.
C Y B
PE ER B. L IS
MAYOR
ATTEST:
Dan lle E. Daskam, City Clerk
AP W)4eid,titovy :
aney
ResolutionNo. 4369
June 19, 2008
Page 2 of 2
.
Exhibit A, Resolution No. 4369
COMMERCIAL LEASE AGREEMENT
Lease agreement by and between:
LESSOR: CITY OF AUBURN (COA), hereinafter
"COX, and
LESSEES: BOYS AND GIRLS CLUB OF KING
COUNTY (BGCKC), hereinafter "BGCKC."
WHEREAS, the parties to this agreement wish to work together to
create an Auburn Tween/Teen Center and Gymnasium; and
WHEREAS, the parties agree that an Auburn Tween/Teen Center
and Gymnasium would greatly benefit the youth of the City of Auburn; and
WHEREAS, a lease for the premises is nec Asary to begin to
facilitate the formation of an Auburn Tween/Teen Center and Gymnasium
(ATCG); NOW THEREFORE IN AND FOR CONSIDERATION of the
mutual benefits to each party, subject to the terms and conditions below,
COA leases to BGCKC, and BGCKC leases from COA, the premises
known as the Parks, Recreation and Arts Administration Building (PRAB)
and the gymnasium to be constructed at a later date, both to be located at
911 9i" Street SE, Auburn, King County, Washington.
COMMERCIAL LEASE AGREEMENT
June 24, 2008
Page 1
TERMS AND CONDITIONS
1. Term. This lease shall run from the latest date of signature
affixed below for a term of 25 years unless earlier terminated or modified
by mutual agreement or as otherwise provided herein.
2. Rent. Rent for the premises shall be $1.00 annually and
payment of all agreed capital contributions as provided in a master
agreement related to formation and construction of the ATCG to be
negotiated subsequent to the execution of this lease. Upon occupancy of
the premises, the rent shall be renegotiated to reflect the value of services
provided by BGCKC and the value of the premises as they exist at that
time. Failure to negotiate a master agreement shall result in this lease
becoming null and void. Either party may declare a failure of negotiations
at any time. Failure to comply with the terms of the master agreement
related to payments of capital contributions shall constitute a failure to pay
rent under the terms of this lease and shall be grounds for termination of
the lease.
3. Security Deposit. Upon occupancy of the premises, BGCKC
shall deposit with COA the sum of $1,000.00 as security for BGCKC'S
faithful performance of all terms and conditions of this lease agreement.
COMMERCIAL LEASE AGREEMENT
June 24, 2008
Page 2
Such performance shall include, for example, paying the rent and leaving
the premises reasonably clean and undamaged at the end of this
agreement.
The security deposit shall be paid upon the execution of this
agreement. Then, upon the termination of this agreement, if BGCKC is in
full compliance with all of the terms and conditions of this agreement, the
security deposit shall be returned to them. If, however, BGCKC fails to
leave the premises reasonably clean and undamaged, or if they owe
unpaid rent, COA 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 BGCKC. If the costs or rent exceed the amount of
the deposit, BGCKC shall pay excess immediately upon notification by
COA. If BGCKC fails to pay it immediately upon notification, it is
understood and agreed that COA may initiate legal proceedings to collect
it.
4. Utilities. COA shall be responsible for all utilities furnished to
the premises during the term of this lease.
5. Possession/Use. BGCKC shall use the property only for the
purpose of operating a Tween/Teen Center and activities consistent with
the master agreement. BGCKC shall comply with all federal, state, and
COMMERCIAL LEASE AGREEMENT
June 24, 2008
Page 3
local laws, rules, ordinances, and codes affecting their use of the
premises.
6. Assignment and Sublease. BGCKC shall not assign this lease
or sublet the premises without COA's written consent.
7. Remodeling and Alterations. Remodeling and alterations
shall be done consistent with the term of the master agreement and any
Joint Operating Agreement (JOA) referenced therein.
Should BGCKC violate any provisions of this section, it is
understood and agreed that COA shall have the right to terminate this
lease, effective immediately, without notice.
8. Condition of Premises. BGCKC 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. BGCKC
acknowledges that COA has made no representation or warranty
concerning the condition of the premises, appliances, and fixtures.
BGCKC agrees to maintain the interior of the leased premises in their
present condition, less normal wear and tear associated with their proper
use.
Interior and exterior maintenance of the premises shall be done in
conformance with the provisions of the master agreement and JOA.
COMMERCIAL LEASE AGREEMENT
June 24, 2008
Page 4
9. Indemnification. All personal property placed on the premises
by BGCKC shall be at their risk. BGCKC shall indemnify and save COA
harmless from all loss and expenses resulting from claims for damage,
injury or death arising out of their use of the premises, appliances, and
fixtures. To this end, BGCKC shall at all times during the term of this
lease, maintain insurance coverage insuring both themselves and the
COA against liability for damage for any loss, injury, or death arising out of
BGCKC'S use or lease of the premises, appliances, or fixtures in an
amount at least equal to $1,000,000.00 per person/per occurrence.
BGCKC shall provide COA with a certificate evidencing such coverage
upon request.
10. Damage or Destruction of Premises. In the event the
premises are substantially damaged or totally destroyed by a casualty not
caused by BGCKC'S willful or negligent act, this lease shall be
immediately terminable at CONS election. If, however, the premises are
only partially damaged as a result of such casualty, COA shall repair the
same. Until the repairs are completed, rent shall abate in proportion to
any loss of use of the premises by BGCKC.
11. Default/Re-entry. Time is of the essence of this lease. If
BGCKC defaults in any material term or condition or term of this lease,
COMMERCIAL LEASE AGREEMENT
June 24, 2008
Page 5
and if the default is not corrected within 30 days after written notice of the
default, COA 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 BGCKC'S last known address. In the event that the
BGCKC is unable to raise the funds necessary to fulfill the capital
contributions as provided in the master agreement (to be negotiated and
established subsequent to this agreement) this lease shall terminate and
be considered null and void.
12. City Council Approvals. BGCKC acknowledges that this
Lease does not bind the parties until (1) the Mayor of the City of Auburn
executes the Agreement and (2) the Auburn City Council approves the
Agreement.
13. Miscellaneous.
(a) COA 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,
BGCKC shall not sublet the premises or assign this agreement without
COMMERCIAL LEASE AGREEMENT
June 24, 2008
Page 6
COA'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, COA shall have no obligation to replace them. If BGCKC
replaces them, they shall belong to COA 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.
(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 0, 2008.
0 LESSQK1
CITY OF
By:
B. Lewis, Mayor
COMMERCIAL LEASE AGREEMENT
June 24, 2008
Page 7
Attest:
Danielle Daskam, City Clerk
App
Daniel`?Ieid, City Att0Qey
DATED r- , 2008.
LESSEE:
BOYS AND GIRLS CLUBS OF KING COUNTY
? c
Daniel oh on
Title: President/ CEO
COMMERCIAL LEASE AGREEMENT
June 24, 2008
Page 8