HomeMy WebLinkAbout4390RESOLUTION NO. 4390
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A LEASE AGREEMENT
BETWEEN THE CITY OF AUBURN AND VALLEY
REGIONAL FIRE AUTHORITY (VRFA)
WHEREAS, the City of Auburn owns land located at 500 182nd Ave E;
1101 D St. NE; and 1951 R St. SE;
WHEREAS, the VRFA is in need of land to build and maintain fire
stations in order to perform daily operations to improve the efficiency and
effectiveness of their fire suppression and protective services and emergency
medical responses services; and
WHEREAS, it is in the public interest for the parties to enter into a lease
agreement for the properties.
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 Lease Agreement between the City of
Auburn and VRFA for property located at 500 182nd Ave E; 1101 D St. NE; and
1951 R St. SE, 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.
Resolution No. 4390
July 31, 2008
Page 1 of 2
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 '2008.
F
PETER B. LEWIS
MAYOR
ATTEST: ",-, e, za-,?Z,,j
A
Da Ile E. Daskam, City Clerk
Resolution No. 4390
July 31, 2008
Page 2 of 2
LEASE AGREEMENT FOR USE OF CITY OWNED
PROPERTY
THIS LEASE AGREEMENT ("Agreement") is entered into, pursuant to RCW Chapter
39.34, by and between VALLEY REGIONAL FIRE AUTHORITY, a Washington
municipal corporation (the "VRFA") in the State of Washington and the THE CITY OF
AUBURN, a Washington municipal corporation, (the "City") on the 18th day of August,
2008.
WHEREAS, the citizens of the City and within the VRFA want to improve the efficiency
and effectiveness of their fire suppression and protection services and emergency medical
response services through a regional delivery system, and
WHEREAS, the City owns land and is willing to lease the portion of land which is
legally described on Exhibit A attached hereto to the VRFA to construct and maintain a
future Fire Station at 500 182nd Ave. E ("Station 33"); and land and buildings at 11011
D St NE ("Station 31 ") and 1951 R Street SE ("Station 32"), collectively known as the
"Fire Stations", and
WHEREAS, the VRFA is in need of land and buildings to perform daily operations out
of, and
WHEREAS, there was strong support for the creation of the VRFA from the Citizens of
the City, and
WHEREAS, the City Council of the City has provided support to the VRFA through its
City Staff, as well as the provision of other types of support; and
WHEREAS, the City and the VRFA want to discover ways to do this to the benefit of the
Community,
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the City and the VRFA hereto agree as follows:
1. Use of Fire Stations. The City hereby offers the use of the Fire Stations for the
VRFA to use for the purpose of dispatching emergency aid units to respond to fire
suppression/rescue and emergency medical services.
2. Future Park. The City reserves the right to access the land described in Exhibit
A for any future needs in regards to the development, construction and
maintenance of an abutting public park.
Shared Parkins. The VRFA shall provide and maintain a shared parking lot at
Station 33 for both VRFA and park visitors' use.
4. Term. The VRFA will have use of the Fire Stations for the purposes stated in
Paragraph 1 above. If a Fire Station(s) is no longer being utilized as a fire
suppression/rescue dispatch center the Fire Station(s) shall convert to a month-to-
month lease with either party providing the other party with 180 days advance
notice of cancellation.
5. Lease Payments. The VRFA will pay ONE and NO/100THS DOLLAR(S)
annually to the City for each Fire Station it occupies.
6. Use of Fire Stations. The Fire Stations shall be used by the VRFA for fire
suppression and protection services and emergency medical response purposes.
7. Entry by the City. The City shall have the right at reasonable times in non-
emergency situations to enter the Fire Stations to inspect the premises.
8. Maintenance, Cleaning, Repair and Utilities. The VRFA shall maintain the
Fire Stations in good repair and tenable condition during the term of this lease.
The VRFA shall make all repairs and replacements, whether structural or non-
structural, necessary to keep the Fire Stations safe and in good condition,
including all utilities, building and other systems serving the Fire Stations.
In addition to the lease payment above, the VRFA shall be responsible for
payment and maintenance costs associated with all utilities provided to the Fire
Stations during the term of this Agreement, which utility payments shall be made
on time and so as to avoid any adverse implications for the Fire Stations.
7. Insurance. The VRFA shall procure and maintain for the duration of the Lease,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with VRFA's operation and use of the Fire Stations.
As of the date that VRFA executes this Lease, VRFA represents and warrants to
LESSOR that (a) Tenant is a member of the Washington Cities Insurance
Authority (WCIA), which is a self-insured pool of 110 municipal corporations in
the State of Washington, and (b) WCIA has at least $2,000,000 per occurrence of
liability coverage in its self insured layer that is applicable in the event an incident
occurs that is deemed attributed to the negligence of a member. Property
insurance shall be written covering the full value of the Fire Stations including all
City property and improvements with no coinsurance provisions. The VRFA shall
be responsible for maintaining, during the term of this Lease and at its sole cost
and expense, the types of insurance coverages and in the amounts determined by
the City as necessary to adequately protect the Lease premises and the liabilities
connected with this Lease, and such other insurance as may be required by law.
Such coverage shall include full replacement cost for the Fire Stations and other
personal property subject to the Lease, including coverage for earthquakes, to the
extent consistent with the VRFA's Insurance Coverage through WCIA.
8. Indemnification. The VRFA shall indemnify and hold the City and its agents,
employees, and/or officers, harmless from and shall process and defend at its own
expense any and all claims, demands, suits, at law or equity, actions, penalties,
losses, damages, or costs, of whatsoever kind or nature, including attorney fees,
2
brought against the City arising out of, in connection with, or incident to the
execution of this Agreement and/or the VRFA's performance or failure to perform
any aspect of this Agreement; provided, however, that if such claims are caused by
or result from the concurrent negligence of the City, its agents, employees, and/or
officers, this indemnity provision shall be valid and enforceable only to the extent of
the negligence of the VRFA; and provided further, that nothing herein shall require
the VRFA to hold harmless or defend the City, its agents, employees and/or officers
from any claims arising from the sole negligence of the City, its agents, employees,
and/or officers. No liability shall attach to the City by reason of entering into this
Agreement except as expressly provided herein.
9. Waiver of Subrogation. The VRFA and the City hereby mutually release each
other from liability and waive all right of recovery against each other for any loss
caused by fire or other perils which can be insured against under property insurance
contracts including any extended coverage endorsements thereto which are
customarily available from time to time in the State of Washington, provided, that
this paragraph shall be inapplicable to the extent that it would have the effect of
invalidating any insurance coverage of the VRFA or the City.
10. Compliance with Regulations and Laws. The parties shall comply with all
applicable rules and regulations pertaining to them in connection with the matters
covered herein.
11. Assignment. The parties shall not assign this Agreement or any interest, obligation
or duty therein without the express written consent of the other party.
12. Attorneys' Fees. If either party shall be required to bring any action to enforce any
provision of this Agreement, or shall be required to defend any action brought by the
other party with respect to this Agreement, and in the further event that one party
shall substantially prevail in such action, the losing party shall, in addition to all
other payments required therein, pay all of the prevailing party's reasonable costs in
connection with such action, including such sums as the court or courts may adjudge
reasonable as attorney's fees in the trial court and in any appellate courts.
13. Notices. All notices and payments hereunder may be delivered or mailed. If mailed,
they shall be sent to the following respective addresses:
To the VFRA To the City
Valley Regional Fire Authority City of Auburn
1101 D St. NE 25 West Main
Auburn, WA Auburn, WA 98001-4998
Attn: Eric Robertson Attn: Pete Lewis
Phone: (253) 931-3060 Phone:(253) 931-3000
FAX: (253)931-3055 FAX (253) 931-3053
or to such other respective addresses as either party hereto may hereafter from time
to time designate in writing. All notices and payments mailed by regular post
(including first class) shall be deemed to have been given on the second business day
following the date of mailing, if properly mailed and addressed. Notices and
payments sent by certified or registered mail shall be deemed to have been given on
the day next following the date of mailing, if properly mailed and addressed. For all
types of mail, the postmark affixed by the United States Postal Service shall be
conclusive evidence of the date of mailing.
14. Nondiscrimination. Each of the parties, for itself, its heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree that it will comply with all pertinent statutes, laws, Executive
Orders and such rules as are promulgated to assure that no person shall, on the
grounds of any defined protected class including: race, creed, color, national origin,
sex, sexual orientation, religion, age, or the presence of any sensory, mental or
physical handicap be discriminated against or receive discriminatory treatment by
reason thereof.
15. Miscellaneous. All of the covenants, conditions and agreements in this Agreement
shall extend to and bind the legal successors and assigns of the parties hereto.
This Agreement shall be deemed to be made and construed in accordance with the
laws of the State of Washington jurisdiction and venue for any action arising out
of this Agreement shall be in of the county in Washington State in which the
property or project is located, and if not site specific, then in King County,
Washington.
The captions in this Agreement are for convenience only and do not in any way
limit or amplify the provisions of this Agreement.
16. Unless otherwise specifically provided herein, no separate legal entity is created
hereby, as each of the parties is contracting in its capacity as a municipal corporation
of the State of Washington. The identity of the parties hereto is as set forth
hereinabove.
17. The purpose of this Agreement is to accomplish the objectives of this Agreement.
18. The funding of the respective obligations of the parties shall be out of the respective
general funds/current expenses of the parties, except as otherwise specifically
provided.
19. The performances of the duties of the parties provided hereby shall be done in
accordance with standard operating procedures and customary practices of the
parties.
20. Unless a joint oversight and administration board is created as provided herein, the
oversight and administration of the Agreement shall be by the respective named
representatives identified in Section 13 hereof, or their designees.
21. Compliance with Laws; Hazardous Substances. VRFA shall at its cost, obtain
all permits, licenses and approvals necessary or appropriate for the conduct of its
business as herein specified. VRFA shall not use the Fire Stations nor shall the
Fire Stations be used, in whole or in part, during any portion of the Term for any
purpose or use in violation of, and VRFA shall comply with, any and all, present
and/or future laws, ordinances, regulations or rules of any public authority,
4
including but not limited to the Americans with Disabilities Act and any similar
federal or state laws relating to the manner and use of the Fire Stations.
Except for small quantities stored and used in accordance with the applicable law,
VRFA shall not keep within, on or around the Fire Stations for use, disposal,
treatment, generation, storage or sale any substances designated as, or containing
components designated as, a hazardous, dangerous, toxic material or substance or
any material or substance that is subject to regulation under any local, state or
federal law, statute, ordinance or regulation pertaining to health, hygiene, safety
or the environment or substance that is otherwise subject to such regulation as
hazardous, dangerous, toxic or harmful (collectively "Hazardous Substances").
VRFA shall be solely responsible for and shall defend, indemnify and hold the
City and any successors-in-interest to the City, including any lender of the City,
and their respective agents and employees harmless from all claims, costs,
damages, damage, liabilities, including attorneys' fees and costs, arising out of or
in connection with the VRFA's breach of its obligations contained in this
paragraph or arising out of or in connection with removal, clean-up or restoration
deemed reasonably necessary by any governmental entity or the City to remove,
clean-up or restore any portions of the Fire Stations as the result of Hazardous
Substances used, disposed, treated, generated or stored by VRFA. VRFA's
obligations under this paragraph shall survive expiration and termination of the
Lease.
22. Unless otherwise specifically provided herein, any real property to be held in
connection herewith, if applicable, shall be held as the separate property of the party
or parties in whose name(s) the property is/was acquired.
23. No provision of this Agreement shall relieve either party of its public agency
obligations and or responsibilities imposed by law.
24. If any term or provision of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be held to be invalid or unenforceable by a final
decision of any court having jurisdiction on the matter, the remainder of this
Agreement or the application of such term or provision to persons or circumstances
other than those as to which it is held invalid or unenforceable shall not be affected
thereby and shall continue in full force and effect, unless such court determines that
such invalidity or unenforceability materially interferes with or defeats the purposes
hereof, at which time the City shall have the right to terminate the Agreement.
25. This Agreement constitutes the entire agreement between the parties. There are no
terms, obligations, covenants or conditions other than those contained herein. No
modifications or amendments of this Agreement shall, be valid or effective unless
evidenced by an agreement in writing signed by both parties.
26. Copies of this Agreement shall be filed with the Auditor's Office of the county in
Washington State in which the property or project is located, and if not site specific,
then in the King County Auditor's Office; the Secretary of State of the State of
Washington; and the respective Clerks of the parties hereto.
5
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
Valley Re o Fire Authority
By:
Its: /? ??/?' ?? G???? i??6??'
Attest:
Approved as to form:
CI UBURN
eter B. Lewis, Mayor
Attest: e!
City Clerk
jt C - ; L - 1-.
rney: Valley Regional Fire Authority
EXHIBIT "A"
LEASE AREA PARCEL LEGAL DESCRIPTION:
CITY OF AUBURN TO VALLEY REGIONAL FIRE AUTHORITY
THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN,
PIERCE COUNTY, WASHINGTON;
EXCEPTING THEREFROM: THE EAST 30.00 FEET THEREOF CONVEYED TO PIERCE COUNTY
WITHIN DEED RECORDED UNDER A.F.N. 2277811 AND ALSO EXCEPTING THEREFROM ANY
PORTION CONVEYED TO EL PASO NATURAL GAS COMPANY BY DEED RECORDED UNDER
A.F.N. 2410280.
BEING MORE PARTICULARLY DESCRIBED, AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID NORTH HALF OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG THE NORTH LINE OF SAID
SUBDIVISION SOUTH 89040'15" WEST, 30.06 FEET TO THE WEST LINE OF THE EAST
30.00 FEET CONVEYED TO PIERCE COUNTY BY DEED FILED UNDER AUDITOR'S FILE
NUMBER 2277811 AND 2410280 AND THE TRUE POINT OF BEGINNING; THENCE ALONG
SAID LINE SOUTH 03013'05" WEST, 626.08 FEET; THENCE NORTH 88038'15" WEST,
26.64 FEET; THENCE NORTH 51020'47" WEST, 35.93 FEET; THENCE NORTH 23045'23"
WEST, 102.13 FEET; THENCE NORTH 16020'43" WEST, 140.77 FEET; THENCE NORTH
65033'31" WEST, 52.66 FEET; THENCE NORTH 89025'58" WEST, 55.50 FEET; THENCE
SOUTH 01053'10" WEST, 81.16 FEET; THENCE NORTH 89040'07" WEST, 193.75 FEET;
THENCE NORTH 29012'10" WEST, 8.48 FEET; THENCE NORTH 37007'09" WEST, 24.20
FEET; THENCE NORTH 74041'22" WEST, 12.09 FEET; THENCE NORTH 25055'52" WEST,
12.17 FEET; THENCE NORTH 23017'44" EAST, 25.20 FEET; THENCE NORTH 00027'21"
WEST, 20.92 FEET; THENCE NORTH 24032'27" WEST, 78.52 FEET; THENCE NORTH
08021'07" EAST, 25.04 FEET; THENCE NORTH 20058'14" WEST, 25.58 FEET; THENCE
NORTH 45048'25" WEST, 17.39 FEET; THENCE NORTH 14027'49" WEST, 14.04 FEET;
THENCE NORTH 00019'45" WEST, 197.25 FEET TO THE NORTH LINE OF SAID
SUBDIVISION; THENCE ALONG SAID LINE NORTH 89040'15" EAST, 551.63 FEET TO
THE TRUE POINT OF BEGINNING.
SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON.
CONTAINING 231,682 SQUARE FEET OR 5.319 ACRES, MORE OR LESS)
Page I of I
July 29, 2008
KENNETH R. ANDERSON & ASSOCIATES, INC.
LEASE LEGAL DESCRIPTION 02.doc
AMENDMENT TO LEASE AGREEMENT FOR USE OF CITY OWNED
PROPERTY
Ttris amendment to the Lease Agreement dated August 18, 2008, between the Valley Regiona]
FireAuthority, a Washington municipal corporation ("VRFA'� in the State of Washington and .
the Ciry of Aubum a W,-�cipal corporation(the"City'� (the"Lease")is entered into
this�day of ,2011. -
In considerarion of the mutual promises and covenants contained in the Lease and this
amendment,the parties agee as follows:
1.The second recital clause is amended to read as follows:.
WHEREA$, the City owns laud and is willing to ]ease the portion of the land which is
legally described on Exkribit A attach� hereto to the VRFA'to operate a fire station at 500 182n°
Ave. E..(Pierce Coanty Parcel No. 0520051032) ("Stauon 33'�,and land and building located at
1101 D. St. NE (King County Parcel No. 7459920010) ("Starion 31") and 1951 R Street SE
(King County Parccl No. 1921059336)("Sbtion 32"), colleerively Imown as the "Fire Stations",
and
2.The Lease Agreement dated August 18, 2008, shall be construed and interpreted in conformity
with the above amended second recital clause.
3.All other provisions of the I,ease shall remain in full force and effect.
I1V WITNESS WHEREOF the parties hereto have executed tivs amendment as of the day and
year first written above.
VALLEY REGIONAL FIRE C O �
AUTH
By:
Eri .Robertson,Administrator Peter . Lewis;Mayor
Attest: �i /r�,� `� l�/infis Attest: ��
Louise M. Barto ,Clerk of the Board Danie e Daskam, City Clerk
Approved as to form: Approv as to rm:
�, �
J eph F. Quinn,VRFA Attorney D " . i , ' Atto
EXSIBIT °A°
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