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Home My WebLink AboutITEM IV-C Sound Transit Lease * CITY OF_ AGENDA BILL APPROVAL FORIVI WASHINGTON Agenda Subject: Resolution Na 4654 Date: October 27, 2010 Department: Attachments: Budget Impact: Human Resources Resolution No. 4654 Adminisfrative Recommendation: . . Council and City Clerk execute Resolution No. 4654. Background Summary: A resolution authorizing the Mayor and City Clerk to execute an amendment to the lease between the Gity of Aubum and Central Puget Sound Regional Transit Authority S11:152 . . . Reviewed by Council & Committees: - Reviewed by Departrnents & Divisions: ❑ Arts Gommission COUNCIL COMMITTEES: p Building ❑ M&O ❑ Airport 0 Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner 0 Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑ Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No , Council"Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until' Councilmember: Backus Staff:_ Heineman Meetin Date: November 15, 2010 ltem Number: AUBURN*MORE THAN YOU IMAGINED RESOLUTION NO. 4 6 5 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF AUBURN AND CENTRAL PUGET SOUND REGIONAL - TRANSIT AUTHORITY WHEREAS, the City of Aubum and Central Puget Sound Regional Transit Authority (Sound..Transit) entered into a Lease on June 26, 2002, for property known as the Auburn Multimodal Transit Facility located at 25 A Street SW, in Auburn, Washington; and WHEREAS, on January 2, 2008, the City Council approved Resolution 4293 which amended the Lease so as to allocate more parking spaces, as well as more responsibility for associated maintenance and costs, to Sound Transit; and WHEREAS, the City and Sound Transit desire that the lease again- be amended so as to further reduce the number of Cify parking stalls, as well as reduce the City's responsibilify and costs for associated maintenance. 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 second amendment to the Lease befinreen Resolution No. 4654 October 27, 2010 Page 1 of 3 the City of Auburn and CentraF Puget Sound Regional Transit Authority dated June 26, 2002, which : amendment shall be in substantial conformity with the Second Amendment to Lease attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrafiye 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 heceon. Dated and signed this day of , 2010. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST`. , Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 4654 October 27, 2010 Page 2 of 3 SECOND AMENDMENT TO Y.EASE THIS SECOND AMENDMENT TO LEASE (the "Amendment") is made as of this day of November, 2010, betweerr CENTRAL PUGET SOUND REGIONAL TRANSTT AUTHORITY, a ' regional transit authority organized under the laws of the State of Washington ("Sound Transit") as Landlord, and the CIT'Y OF AUBURN, a Washmgton municipal coiporation ("City") as Tenant. Sound Transit and City entered into that certain Lease dated June 26, 2003 for the Leased Premises as defined in Section 1:5 of the Lease at the pruperty known as the Auburn Multimodal Transit Facility located at 25 "A" Street SW in Aubum, Washington (the Lease"). For the purpose of this Amendment, all terms defined in the Lease have the same meaning in this Amendment. . RECTTALS A. The Lea.sed Premises includes City's Parking Spaces, which as defined in Section 1.1 (b) of the Lease means the 180 parking spaces that are outlined on the dra.wings of the ground through the sixth floor of the Parking Garage and attached fo the Lease as Exhibit 1.1_ (b). . B. Pursuant to Section 3.2 of the :Lease; City reimburses Sound Transit for 400/o of costs of operating the,Parking Garage allocable to:Sound Transit's Operating Hours. C. City desires to reduce the number of City's Parking Spaces to 42 parking spaces and ieturn 138 parking spaces to Sound Transit foi a cash contnbution of one million three hundred twenty nine thousand seven hundred and thirteen and 29/00 dollars ($1,329,71129) and a reduction in operating expenses. D. Sound Transit is willing to take back the 138 parking spaces effective January 1, 2011. E. Sound Transit and City desire to amend the Lease to memorialize the terms of their ~ agreement. NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, Sound • ' Transit and City hereby agree as follows: 1. Recitals. The Recitals set forth above are incorporated by this reference. . 2. City's Parking Spaces, Section 1.1 (b) is hereby deleted in its entirety and replaced with the,following: "City's Parking Spaces" means the 42 parking spaces that are outlined on the drawings of the ground floor and second floor of the Parking Garage that are attached hereto as Exhibit l. 1 (lix2). . 3. Parking Garage Operations: $ubsaotion 3.2 (b), Cost of Operations, is hereby deleted in , its entirety and replaced with the following: .(b) Operating; Costs. Sound Transit shall pay when due the costs of operating the ' Parking Garage, including but not limited to the costs of the measures, personnel, and contractors Page 1 of 5 described in Saction 3.2(a) and as further detailed in the amended Exhibit 3.2(b). Such reimbursement shall, be based upon the proportion of the total Operating Costs, with such proportion to be the ratio of the Parking Stalls leased by the City divided by the total parking stalls in the Parking Facility, with such total costs to exclude any extraordinary expenses associated with specific usage of specific parking stalls not leased by the City. Operating,Costs shall exclude any costs associated with security, the correction of any defects in con§truction, worlananship or design.of the Pazking Stalls or Parking Facility, and shall also exclude any,costs associated with repair or reconstruction after any casualty ("Excluded Costs").. Such payment shall be made within sixty (60) days after receipt of Sound Transit's invoice therefore, which shall be accompan'ied by a statement in reasonable detail of the amount and purpose of each of the various items of costs; copies, of any underlying billings from third parties and other reasonable evidence of the amount, purpose, and allocation between Sound Transit and city of the various items of cost Sound Transit shall render_such invoices regularly and, in any case, not less frequently than once each three months. City shall have the right on demand to inspect and copy Sound Transit's books and records concerning operation of the Parking Garage and, if applicable, the books and records of any third pariy contractor engaged by Sound Transit to provide goods or services in connection with operation of the Parking Garage and City's Parking Spaces. 4. Exhibit 1.1 (b). Exhibit 1.1 (b) is hereby deleted in its entirety and replaced with Exhibit .1.1 (b) (2) attached hereto. Except as amended herein, all-other articles, terms, and conditions of said Lease are unchanged and remain in effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year first a6ove~written: SOUND TRANSIT: CITY: CENTRAL PUGET SOUND CITY OF AUBURN REGIONAL TRANSTT AUTHORITY . By:; Agnes Govern Its: Executive Director By: . Its: - Approyecl as to Form by: - City Attorney Page 2'of 5 , . ST'ATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfa.ctory evidence that Agnes Govern is the person who appeared before me, and said person acknowledged that she signed this instrytnent, oa oath stated tliat she was authorized to execute the instrument and acknowledged it as the Executive Director of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY to be the free and voluntary act and deed of such party for ttie uses and purposes mentioned in the instrument. Dated: Notary Public . [Printed Name] My appointment expires STATE OF WASHINGTON ) )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that is ttie . person who appeared before me, and said Qerson aclrnowledged that he signed this instrument, on. oath stated that he was authorized to execute the instrument and aclrnowledged it as the . of to be the free and voluntary act and deed of such pariy for the uses and purposes mentioned in . the instrument. Dated: Notary Public [Printed Name] My appointrnent expires Page 3 of 5 • . Exhibit 1. 1 (b) (2) . Commercial Tenant Area and City's Parking Spaces ; COT"R1ERGtAI. ' 7OIANT ARFA • _ . ~ ~ & br b► & b - r . t , JAM l Gi'I'r8 PARkIN4 SPAdS , , • ~ ; t s.3 rl S 6 ~l, I VAIILT RWM . ~ • ' ~ ¢ ~ . . i q ~ , . i b ~ I. • C01MM,& Te"Twu i . , . . . . . . _s , . , J L --j L~N~~ LN~~~ L~~~J 1.«..~~ ~~M~~ . . ~ ~ GRMO FLOOR . ' . ' AUBURN STAT10N PARKtNa OARAQE . : , , . Page 4 of 5 . . BRID6t AT , . TqIRD f1.00R ~ • . _ - _C* FM . a _ Up DN " . r-~. . .yl Ko ~ 3t ~7 =C T: i~i ~!►L 3t s" 9 ' G . e • City's Parking yZ ~ b ~i . ;g s~ L1 1~. s! Wl 4S st st . 1q If 1t7J4 of liq t . : 1 ~,~`M -r ~ . . . ' ~ . . ~ , . . AUBtlRN STATION PAAKING i~ARAflE . , ~ . Page 5 of 5 . . ~ ,