Loading...
HomeMy WebLinkAbout4413RESOLUTION 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. ^ ?iR Dated and Signed thisday of `?/?p? , 2008. CITY OF AUBURN . t PETER B. LEWIS MAYOR ATTEST: Da 'elle E. Daskam, City Clerk APPIROVEQ--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. 2008. DATED: ?r????/ LESSOR: Exhibit A, Resolution No. 4413 Auburn Downtown Association 10/27/2008 CITY OF AUBURN By: CP. Peter B. Lewis, ayor r?4?''?? Attest: Danielle Daskam, City Clerk LESSEE: By: Title: V P 9 of 9