HomeMy WebLinkAboutSouth County Housing & Outreach Association'7
LEASE AGREEMENT FOR USE OF CITY OWNED
PROPERTY
This Lease, made and entered into this, the 7-q4' day of
2009, by and between the City of Auburn, whose address is 25 West Main Street in
Auburn, Washington (hereinafter called the "City"), and the South County Housing &
Outreach Association, a non profit organization, whose address is 11404 SE 289th Street,
Auburn, Washington (hereinafter called "SCHO").
WITNESSETH:
WHEREAS, the City is the fee owner of certain real properties being, lying and
situated in King County, Washington, such real property having a street address of 8 First
Street SE, Apts. #5, #7, #9, and 122 South Division Street located in Auburn, WA 98002
(hereinafter referred to as the "Premises").
WHEREAS, the City desires to lease the Premises to SCHO upon the terms and
conditions as contained herein; and
WHEREAS, SCHO desires to lease the Premises from the City on the terms and
conditions as contained herein;
WHEREAS, SCHO is in need of the housing for victims of domestic violence in
the Auburn and Kent areas, and
WHEREAS, the City Council of the City has provided support to SCHO through
its City Staff, as well as the provision of other types of support; and
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the City and SCHO hereto agree as follows:
1. Use of Premises. The City hereby offers the use of the Premises for SCHO to use
for the purpose of providing temporary housing to victims of domestic abuse.
2. Term. The term of this lease shall be on a month-to-month basis however; either
party shall provide the other party with a minimum of 30 days advance notice of
cancellation.
3. Lease Pavments. SCHO will pay ONE and NO/100THS DOLLAR(S) monthly
to the City for use of the Premises. -
4. Entrv bv the Citv. The City shall have the right at reasonable times in non-
emergency situations to enter and inspect the Premises.
5. Maintenance, Cleaning, Reuair and Utilities. SCHO shall maintain the
Premises in good repair and tenable condition during the term of this lease so the
Premises shall be in a condition as good as or better than its condition at the
commencement of the Lease. SCHO shall make all repairs and replacements,
whether structural or non-structural, necessary to keep the Premises safe and in
10. Assignment. The parties shall not assign this Agreement or any interest, obligation
or duty therein without the express written consent of the other party.
11. Attornevs' 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.
12. Notices. All notices and payments hereunder may be delivered or mailed. If mailed,
they shall be sent to the following respective addresses:
To SCHO:
To the City:
South County Housing & Outreach
City of Auburn
11404 SE 289t" Street
25 West Main
Auburn, WA 98092
Auburn, WA 98001-4998
Attn: Michael Hursh
Attn: Pete Lewis
Phone: (253) 334-7970
Phone: (253) 931-3000
FAX: (253) 737-5900
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) sha11 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.
13. 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 pertinent statutes, Executive Orders and
such rules as are promulgated to assure that no person shall, on the grounds of race,
creed, color, national origin, sex, age, or the presence of any sensory, mental or
physical handicap be discriminated against or receive discriminatory treatment by
reason thereof.
14. Compliance with Laws; Hazardous Substances. SCHO shall at its cost, obtain
all permits, licenses and approvals necessary or appropriate for the conduct of its
business as herein specified. SCHO shall not use the Premises nor shall the
Premises be used, in whole or in part, during any portion of the Term for any
purpose or use in violation of, and SCHO shall comply with, any and all, present
and/or future laws, ordinances, regulations or rules of any public authority,
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 Premises.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written. ^
South County Housing & Outreach
BY:. (.b - (j~
City of ArbT~ -
B. Lewis, Mayor
Its:
Attest:
Approved as to form:
Attorney: SCHO
~ .
1
Attest:
t%,,~ City rk
Attorney: Dan Heid, City of Aub
A 3 l G l
AMENDMENT TO LEASE AGREEMENT
BETWEEN
SOUTH COUNTY HOUSING & OUTREACH ASSOCIATION
AND
CITY OF AUBURN
THIS AMENDMENT is made and entered into this day of (dull er' ,
2011 by and between South County Housing&Outreach Associan,("SCHO")and the CITY OF
AUBURN, a municipal corporation of the State of Washington ("CITY"), as an amendment to the
lease between the parties for units located at 8 First Street Street SE,Auburn, Washington executed
on the 29th day of September, 2009
Recitals:
The City agrees to make additional units in the Premises available to SCI-JO
NOW THEREFORE in consideration of their mutual covenants,conditions and promises,the
PARTIES HERETO HEREBY AGREE as follows:
1 The first recital clause of the Lease is amended to read as follows:
WHEREAS the City is the fee owner of certain real properties being, lying and
situated in King County Washington such real property having a street address of 8 First
Street SE Apts. 2 3(including furnishings in place as of the date of this amendment)5
7 9 I I and 122 South Division Street located in Auburn WA 98002
(hereinafter referred to as the `Premises' )
2 That all other provisions of the Lease Agreement shall remain unchanged, and in full force and
effect.
Page 1
IN WITNESS WHEREOF the parties hereto have e3cecuted this Agreement as of the day and
year first above written.
South County Housing& Outreach Association CITY 1 AUBU ' ►
By Al` C\ "z By. 1 c
Its: Director Peter B. Lewis. I Mayor
Attest: Attest:
By. By./Q
Its: Danielle E. Daskam. City Clerk
Approved as to form. Approved as to form:
r
Attorney for anie B.'Heid, rty Attorney
Page 2
AMEPIDMENT#2 TO LEASE AGREEMENT
BETWEEN
SOUTH COUNTY NOUSING AND OUTREACH ASSOCIATION
AND
CITY OF AUBURN
This AMENDMENT is made and entered into this�day of��0�by and between SOUTH
COUNTY HOUSING AND OUTREACH ASSOCIATION ("SCHO") and THE CITY OF AUBURN ("City"), a
municipal corporetion of the State of Washington,as the second amendment to the lease between the
parties for units located at 81"Street SE,Auburn,Washington executed on the 29`h day of September,
2009.
REQTALS:
The Ciry agrees to assume generel and specific maintenance,cleaning and repair of the units
and associated premises covered under the originally executed lease and any subsequent
amendments.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,the
PARTIES HERETO HEREBY AGREE as follows:
1. Changes to Sedions of Lease
Section 3(Lease Payments)of the Lease is amended to read as follows:
SCHO will pay ONE and TWENN DOLLARS($21.00) monthly to the City for use of the
Premises.
Sedion 5(Maintenance, Cleaning, Repair and Utilities)of the Lease is amended to read as
follows:
The City will maintain the Premises in good repair and tenable condition during the term
of this lease so that the Premises shall be in a condition as good or better than its
condition at the commencement of the Lease.The City shall make all general and
normal repairs and replacement,whether structural or non-structurel, necessary to
keep the premises safe and good working condition,including all utilities, building and
other building systems serving the premises. Provided that during the period of
occupancy of any and all units,SCHO or its tenant(s)shall be responsible for generel
cleaning of the uniu. Provided further that any wiilful and intentional damage done by a
SCHO sponsored tenant shall be either repaired by the City at a minimum houriy cost of
525.00 per hour or by a qualified professional under contract to SCHO with said work
inspected and approved by the City
SCHO shall pay when due the costs of naturel gas, heat, light, power,sewer service,water,
refuse disposal and other utilities provided to the Premises.
2. Non-Changed Provisions of Lease
That ali other provisions of the Lease Agreement and any subsequent amendments shali
remain unchanged,and in full force and effect.
IN WITNESS THEREOF the parties hereto have executed this second amendment of the
Agreement as of the day and year first above written.
�
By� By
Its Diredor Peter B. Lewis, Mayor
Attest: Attest:
By By ��►Ga-dK�./
Its: Daniel . Daskam,City Clerk
Attorney for• Daniel B. Heid,City Attorney
AMENDMENT#2 TO LEASE AGREEMENT
BETWEEN
SOUTH COUNTY HOUSING AND OUTREACH ASSOCIATION
AND
CITY OF AUBURN ,t
This AMENDMENT is made and entered into this '?I day of by and between SOUTH
COUNTY HOUSING AND OUTREACH ASSOCIATION ("SCHO")and THE CITY OF AUBURN ("City"), a
municipal corporation of the State of Washington,as the second amendment to the lease between the
parties for units located at 8 1� Street SE,Auburn,Washington executed on the 29`"day of September,
2009.
RECITALS:
The City agrees to assume general and specific maintenance, cleaning and repair of the units
and associated premises covered under the originally executed lease and any subsequent
amendments.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,the
PARTIES HERETO HEREBY AGREE as follows:
1. Changes to Sections of Lease
Section 3 (Lease Payments) of the Lease is amended to read as follows:
SCHO will pay ONE and TWENTY DOLLARS($21.00) monthly to the City for use of the
Premises.
Section 5 (Maintenance,Cleaning, Repair and Utilities)of the Lease is amended to read as
follows:
The City will maintain the Premises in good repair and tenable condition during the term
of this lease so that the Premises shall be in a condition as good or better than its
condition at the commencement of the Lease.The City shall make all general and
normal repairs and replacement,whether structural or non-structural, necessary to
keep the premises safe and good working condition, including all utilities, building and
other building systems serving the premises. Provided that during the period of
occupancy of any and all units, SCHO or its tenant(s) shall be responsible for general
cleaning of the units. Provided further that any willful and intentional damage done by a
SCHO sponsored tenant shall be either repaired by the City at a minimum hourly cost of
$25.00 per hour or by a qualified professional under contract to SCHO with said work
inspected and approved by the City
SCHO shall pay when due the costs of natural gas, heat, light, power, sewer service,water,
refuse disposal and other utilities provided to the Premises.
2. Non-Changed Provisions of Lease
That all other provisions of the Lease Agreement and any subsequent amendments shall
remain unchanged,and in full force and effect.
IN WITNESS THEREOF the parties hereto have executed this second amendment of the
Agreement as of the day and year first above written.
By By-
Its Director Peter B. Lewis, Mayor
Attest: Attest:
By By 'R
Its: Daniel . Daskam, City Clerk
Attorney for �: Daniel B. Held,City Attorney