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RESOLUTION NO. 4 4 8 2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE
ADDENDUM NO. 1 TO THE LEASE AGREEMENT
FOR USE OF CITY OWNED PROPERTY BETWEEN
THE CITY OF AUBURN AND THE VALLEY
REGIONAL FIRE AUTHORITY
WHEREAS, the City and the Valley Regional Fire Authority ("VFRA")
entered into a Lease Agreement for Use of City Owned Property ("Lease"), on
dated August 18, 2008, as authorized under City of Auburn Resolution No.
4390; and
WHEREAS, the VRFA, as part of its Capital Improvement Plan, intends
to make capital improvements to Fire Stations 31 and 32, subject to the terms
of the Lease, and VRFA also seeks to build a new fire station (Station 33) on
vacant land currently owned by the City, and subject to the Lease; and
WHEREAS the City and the VFRA wish to enter into an addendum to the
Lease to clarify the parties' roles and responsibilities for planning, financing,
contracting, and construction of these capital improvements, and to clarify
ownership of, and responsibility for, these capital improvements.
WHEREAS, it is in the public interest for the parties to enter into a lease
addendum,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 4482
April 30, 2009
Page 1 of 3
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute Addendum No. 1 to the Lease Agreement for
Use of City Owned Property Befinreen the City of Auburn and the Valley
Regional Fire Authority, entered into on August 18, 2008, as authorized under
City of Auburn Resolution No. 4390, which addendum shall be in substantial
conformity with Addendum No. 1 to the Lease Agreement for Use of City
Owned Property Befinreen the City of Auburn and the Valley Regional Fire
Authority 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 __Ye day of ~ 2009.
CI
-
.
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
Resolution No. 4482
April 30, 2009
Page 2 of 3
APPROVED AS TO FORM:
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Dani I B. Heid Gi ttorn
, ty ey
Resolution No. 4482
April 30, 2009
Page 3 of 3
ADDENDUM NO. 1 TO LEASE AGREEMENT FOR USE OF CITY OWNED
PROPERTY BETWEEN THE CITY OF AUBURN AND
THE VALLEY REGIONAL FIRE AUTHORITY
This Addendum to the LEASE AGREEMENT FOR USE OF CITY OWNED
PROPERTY (the "Lease") is made as of this St" day of May 2009, between the VALLEY
REGIONAL FIRE AUTHORITY, a Washington municipal corporation (the "VRFA")
and the CITY OF AUBURN, a Washington municipal corporation, (the "City").
The City and the VRFA entered into that certain Lease dated August 18, 2008, for use of
the Fire Stations. For the purpose of this Addendum, all terms defined in the Lease have
the same meaning in this Addendum.
WHEREAS the VRFA, as part of its Capital Improvement Plan, intends to make capital
improvements to Fire Stations 31 and 32, subject to the terms of the Lease. VRFA also
seeks to build a new fire station (Station 33) on vacant land currently owned by the City,
and subject to the Lease.
WHEREAS this Addendum is to clarify the parties' roles and responsibilities for
planning, financing, contracting, and construction of these capital improvements. It will
also clarify ownership of, and responsibility for, these capital improvements.
ITEM ONE: NEW SECTION ADDED TO LEASE: That the Lease is amended by the
addition of a new Section 27 to read as follows:
27. CapitalImprovements.
a. Responsibilitv. The VRFA shall be solely responsible for all planning, financing, and
contracting for capital improvements.
b. Apnroval. Any proposed improvements shall be coordinated with, and approved in
writing by the City's Facility Management office prior to the beginning of
construction.
c. Ownership. Any capital improvements to Fire Stations 31 and 32 shall become
property of the City.
d. Maintenance. Maintenance of improvements shall be as set forth in Section 8.
Maintenance, Cleaning, Repair and Utilities of the body of the Lease.
e. Right of Wav. The City will dedicate such City property for right-of-way "ROW"
purposes, as it determines is necessary to complete the improvements approved under
Section 27(b) above, and will grant such utility easements as it determines are
necessary to complete said improvements.
f. Mitigation. In the event that mitigation is required under the State Environmental
Protection Act "SEPA" or the City's Critical Areas Ordinance, the VRFA must
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negotiate with the City to identify potential property for the mitigation, or the work
must happen on-site. The VRFA is responsible for all costs and obligations of
mitigation, including but not limited to costs to acquire property for mitigation if
necessary.
g. ROW Vacation. The City will vacate such right-of-way as it determines is necessary
to complete the improvements approved under Section 27(b), above.
h. Permits. The VRFA shall apply, at its sole cost, to the appropriate governmental
authorities or third parties for, and shall diligently pursue and obtain all permits,
licenses, permissions, consents, or approvals required in connection with the
construction of the improvements. VRFA acknowledges that the City has not made
any representation or warranty with respect to VRFA's ability to obtain any permit or
approval, or to meet any other requirements for development of the project. Nothing
in this Agreement is intended or shall be construed to require that the City exercise its
discretionary authority under its regulatory ordinances to further the project nor binds
the City to do so. VRFA understands that the City will process applications for
permits and approvals in accordance with its normal processes.
ITEM TWO: REMAINING TERMS LTNCHANGED: That all other provisions of the
LEASE AGREEMENT FOR USE OF CITY OWNED PROPERTY executed on the 18th
day of August, 2008, shall remain unchanged and in full force and effect.
Entered into on the dates signed below:
CI Y A VALLEY REGIONAL FIRE
AU O ITY
Peter B. Lewis, Mayor ate Er' Robertson, Administrator Date
App ved a form: Approved as to form:
, L.
' Atto e Date ounsel Date
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