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HomeMy WebLinkAboutAgenda Modification , CI1Y OF * FIIVANCE COMMITTEE * -s WASHINGTON November 15, 2010 AGENDA MODIFICATION The agenda modification transmits a budget status sheet for Project Number CP0809 and adds Resolution No. 4655 as a discussion item. II. CONSENT ITEIIAS C. Contract Administration 1. Facilities Project Number CP0809* (Heineman) 04.4:11 CP0809 City Council approve Final Pay Applications #6 and #7 to Sierra Construction, Inc.., in the amount of ($45,527), release retainage and accept construction of Project No. CP0809, City Hall Annex Tenant Improvement. IV. DISCUSSION ITEMS E. Resolution No. 4655* (Heid and Lee) 01.7.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and Ciiy Clerlc to. execute a Jail Facility Lease Agteement befinreen the City of Auburn and the South Correctional Entity (SCORE) . ~ BUDGET STATUS SHEET Project No: 600808 Project Title: Ci Hall Annex T/l Project: Sierra Construction Contract ' ProjecE.Manager. Steve Burke Q Project Initiatton Infiation Date: Na 0 Permiston to Advertise Date: November 15, 2010 Advertisement Dat_e: n/a 0 CoMract Award Award Dafe: ' 0911512009 Q Change Order Approval ~ Contract Finai Acceptance The "Future Years° column indicates the projected amount to be requested in future budgets. Funds Bud eted Funds Available Funding Prior Years 2009 2010 Future Years Total 328 Fund - Construdion Contract CP0809 0 2,271,104 119,532 0 2,390,636 Total 0 2,271,104 119,532 0 2,390,636 Estimated Cast Funds Needed qctivity Prior Years 2009 2010 Future Years Total pesign Engineering - City Costs 0 0 0 0 0 Design Engineering - Consultarrt Costs 0 0 0 0. 0 Construction Negofiated Contract 0 2,112,056 278,580 0 2,390,636 Change Order #1 0 19,356 0 0 19,356 Change Order#2 0 (35,327) 0 0 (35,327) Change Order#3 0 6,184 0 0 6,184 Change Order#4 0 9,126 0 0 9,126 Change order#5 0 3,913 0 0 3,913 Change order #6 0 6,756 0 6,756 Change order #7 0 (54,236) 0 (54,236) Une Item Changes 0 0 0 0 0 Other- 0 0 0 0 0 Construdion Engineering - City Costs 0 0 0 0 0 ConstrucGon Engineering - Consultant Costs 0 0 0 0 0 Tptal 0 2,115,308 231,100 0 2,346,408 328 Ca ital Im Bud et Status PriorYears. 2009_ 2010 Future Years Total ` '328 Funds Budgeted O 0, (2,271,104) (119,532) 0 (2,390,636) 328 Funds Needed 0 2,115,308 231,100 0 2;346,408 "328 Fund Project.Contingency O O 155,796 0 0 44,228 328 Funds Required O O 711,568 0 0 in the Budget Status Sections indicates Money the City has available. C:\Documents and SettingsWaskamUcal Settings\Temporary Internet Files10LK43\Copy of CP0809 BudgetStatusSheet (2).xis 1 of 1 ~ . TYOF:.~ . ACIUB URN AGENDA BILL APPROVAL FORM ~;i'-. WASHING"fON Agenda Subject: Resolution No. 4655 - Jail Faclity Lease Agreement Date: Novemtier 2, 2010 Departrnent: Legal: Attachmentsc Resolution No. 4655 Budget impact: Administrative Recommendatiom , City Council adopt Resolution No. 4655. Background Summary: The City:entered into an intertocal Agreementwith the cifies of Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila to form a govemmental administratiVe agency known as South Correctionat Entiry (SCORE) to establish and maintain a consolidated correctional facit"ity to serve the cities. The City also entered into an Interlocal Agreement to establish a consolidated comectionai fac'ility, hereinafter known as the 3CORE Facility. SCQRE is getting ready to commence jal service operations and in order to take advantage of the benefits of coordinated jail services, it is appropriate forthe City of Aubum bo enter into a lease agreement with SCORE for the operation of Aubum's current jail facilities since Aubum will no longer be operating its jail on its own- This is consistent with the fact fhat Aubum's prisoners will be housed in facilities operated by SCORE. The cunent lease is for a period of one year, and. eventually . we vin'll see the new SCORE Facil'ity housing Auburn prisoners so that we will not be having to send any of them to Yakima County or other area jails. A1115-1 . 01.7.1 Reviewed by'Couneil8 Committees: Reviewed by Departrnents 8 Divlsions: , 0 Arts Gommission COUNCIL COMMITTEES: p Building ❑ M&O 0 qjrport ❑ Fnance • O Cemetery ❑ Mayor ❑ Hearing Examiner O Municipal Serv. 0 Finance 0 Prks p Human Services p Planning 8 CD ~ Flre O 9 • ❑ Park Board QPublic Works ❑Le9al ❑ Police ❑ Planning Comm. ❑ Other O Public Works ❑ Human Resources p . lnformation Services Action: ~ CommitteeAppioval: OYes ❑No Counoil Approvak DYes ❑No. CaU Eor Publk Hearing Refemed to UnUI / . . Tabted Until Councilmember Peloza _ 8taftc Heid Meetin Date: November 15; 2010 Item Number. VIII.B.3 - -7d AUBURN'~ MORE THAN YOU IMAGINED RESOLUTION NO. 4 6 5 5 A RESOLUTION OF THE CIl`Y COUNCIL OF THE - CITY OF AUBURN, WASHINGTON, AUTHORIZING - THE MAYOR AND CITY CLERK TO EXECUTE A JAlL FACILlTY LEASE AGREEMENT - BETWEEN THE., CtTY , OF AUBURN AND THE SOUTH CORRECTIONAL ENTITY (SCORE) 1IVHEREAS, the City of Auburn is autfiorized by Chapter 70:48 RCW. to contract for, .establish and maintain correctionai facilities in furtherance of ptabiic safety and welfare; and . WHEREAS, pursuant to Ordinance No. 6224 adopted on January 20, 2009, the City entered . into an Interlocal Agreement with the cities of Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila to form a govemmental administrative agency known as South CoRectional Entity (SCORE) to establish and maintain a consolidated correctional facility to serve the cities; and WHEREAS; pursuant to Resolution No. 4324 adopted on March 3, 2008, the City' entered into a Interlocal Agreement for.-the establishment of a consolidated correctional facility, hereinafter referred as the SCORE Facility; and _ , WHEREAS.; the SCORE Facility having now been constructed, it is , appropriate for the City of Auburn to enter into lease agreement with SCORE ~ for the use of the premises. Resolutibn iVo. 4655 October 28, 2010 Page 1 of 2 . • NOW, THEREFORE, THE CITY COUNCIL OF THE GiTY OF AUBURN, K1NG COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Sectlon The Mayoc of the City of Aubum and the Aubum City Clerk are hereby authorized to execute a Jail Facilify Lease Agreement between the City of Aubum and SCORE which agreemenf shall be in su6stantial conformity with the Agreement attached hereto as Exhibit NA" 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 . day of , 2010. . CITY OF AUBURN PETER B. LEWtS, MAYOR ATTEST: " , . Danielle E. Daskam, City Clerk F0 : - A7iel 4H&dytityffoh*~y esolution No. 4655 R October 28, 2010 Page 2 of 2 . JAIL FACILITY LEASE AGREEMENT THIS AGREEMENT, made and entered into this day of , 20 , by and befween THE CTTY OF AUBURN, a Washington municipal corporation,. hereinafter referred . to as "Lessor" and THE SOUfH CORRECTIONAL ENTITY ("SCORE,'% a governmental administrative agency formed pursuant to RGW 39.34.030(3), hereinafter referred_to as "Lessee", as follows WITNESSETH: 1. Description: The Lessor, for good and valuable consideration, hereby, demises, lets and leases unto the Lessee a portion of `the prexnises commonly known as the Auburn Jail, situated in the basernent of City Hall, located at 25 W. Main Street within the City of Aubuan, Washington, and outlined in red on Bxhibit A attached hereto and incorporated - herein by reference. 2. Use. of Premises: The Lessee, and its authorized representatives, subtenants, assignees, agents, invitees, and licensees, shall have the right to use, in common with . others, on a non-exclusive basis the following common areas which weie ordinarily used by Lessor for operation of the jail prior to commencement of this Lease: Salley Port and Driveway accesses. The Lessee shall use the premises for the purpose of housing and detaining prisoners of the Lessee, and for all uses consistent. therewith and in conformity with applicable policies, standards and requirements, and shall not use them for any other purpose without the written consent of the Lessor. This Lease sha11 also include the right of the Lessee to use any equipment of the Lessor related to the efficient operation ofthe facility for jail ptuposes, including, but not limited to computers and electronic equipment, tasers, lockers, personal protective vests, handcuffs, leg-irons, uniforms and uniform equipment and any other items that were being used by the Lessor for its jail operations prior to the commencement of this Lease The foregoing equipment are warranted by Lessor to be in reasonably useable condition. Lessor warranfs that the premises are habitable and fit for the intended use and are in reasonably good repair with no defects which would interfere with or result in interruption of the use of the premises as a jail. Subject to the foregoing, Lessee accepts the premises in their "AS IS" condition. Lessee accepts the premises subject to all applicable federal, state, county and municipal laws, ordinances and regulations governing and regulating the use of the premises. Subject to the other provisions of this Lease, this Lease is subject to all such laws, ordinances and. regulations. .,Lessee acknowledges that, except as otherwise provided in this Lease, neither Lessor, nor , Lessor's agents have made any representatian or warranty as to the suitability of the premises for the conduct of Lessee's business or use. Excepi as otherwise -provided JAILFACIUTY LEASE AGREEMENT Page 1 of 10 . ; ' ~ . . . . ~ . . = . . . : . . herein, Lessor ~warrants.I;essee's right to_ peaceably and . quietly enjoy the _premises without any disturbance from Lessor, or,otliers claimirig by or through Lessor. _ ,t . . 3. Term: This lease ter•in shall- be one year, commencing on the 1~ day of : January, 2011 (the "date of commencement'~. . ~ . ' . ' 4. Rent Pavments/Utilities: -Upon comtnencement, Lessee agrees to pay to Lessor at.I;essor's address or such other-place as:I:essor may-designate in writing, rent in . the amount bf• Twelve 'DOLLARS representing ~full..payment for ihe one year rental period. Lessee shall be responsible for paymeni of-all utility bills inc.iirred in connection with ifs use of the premises to the extent that utilit}r bills can be segregated out•from the " . Lessor's utility.bills/utility. usagefor •L,essor's premises not'leased:hereby. If Lessee's utility bills,.cannot be segregated out from those: of the Lessor, Lessor shall provide Lessee with :a monthly utility.,billing statement which reasonably. calculates Lessee's share of tlie total: utility bills •and Lessee shall pay the same within thirty (30) days of . receipt of such, statement. ~ 5. Mairitenance and Repairs Alterations and Additions: 5.1 iViaintenance and Revairs: The Lessee shall be solely responsible for the . maintaining of the. premises and equipment in as. good a state of repair as at the . . commencement of'the Lease, retuming same to Lessor at the end of this lease in at least . as good condition as presently exists except for normal wear and teaz. : - 5.2 Alterations and Additions: No alterations or additions to the premises shall be pernutted-by Lessee without the express writteri'approval of Lessor. Unless Lessor requires their removal,, all . alterations, additions, improvements and utility installations . (whether ornot such utility installation.constitutes trade fixtures of Lessee), which may . be made on the premises, shall at .the-, expiiation or earlier termination of the Lease become the property of Lessor and remain:upon.arid. be surrendered with the premises. Notwitlistanding.. the provisions of tliis-:paragraph,. personal property, machinery and equipment purchased arid acquired by. the Lessee, other than that which is affixed to the . premises - so that it cannot be removed without material damage to.the premises, shall remain the property of Lessee and may be removed-by Lessee at any time during the term hereof. - 6. Entry by Lessor: Lessor shall have the right at reasonable times, and with _ reasonable.notice to Lessee:in, non-emergency_situations, to enter the premises to inspect ~the saazne.or to-show the piemises to prospective buyers, tenants or lenders. - . . . . . . . . : . . , 7: Liens: Lessee sha11 keep the premises free from any liens arising out of work = performed, materials furnished or obligations incurred by Lessee and shall `indemnify, . ; . . , JAIL FACILITY LEASE AGREEMENT Page 2 of 10 , . ~ i' . i - • - ~ ~ hold hannless: and .defend.-Lessor from any liens and encumbrances arising out of any work peifoimect or materials fumished-by or at tlie direction of Lessee. ' S. Assigaunent or -Subletting:, The Lessee shall. not sublet or assign this Lease, titIe or any:part fliereot. without the prior writteri consent of the Lessor:. This Lease sliall not be assignable by operation of law,' If consent is once'given by the Lessor to the : assignmerrt• :of this ~.ease, or any interest • therein, the Lessor shall ~ not be baried from afterwardrefusing to- corisent°to any -fiuther assignment of 'said premises. 9. Default~ and Re-Entrv: If the Lessee sha11 fail to, keep and perform any of the : . ~ covenants arid-agreements herein contained, then.~the Lessor rimay cancel this Lease if the failure has not been cured 'after having: given the Lessee tliirty (30), days'- notice to cure, • . and after at. least ten. (10) days notice to vacate, Lessor shall be entitled to re-enter said • premises in accordance with Washington law. . 10. Miscellaneous: ; 10.1 Entire A meement: This instnunent -along with any * exhibits and attachments hereto constitute's the ~ entire agreement of the parties relative 'to the premises and this . Agreement and the exhibits and attachments -may be altered, amended or revoked only by an instrument in writing signed by both Lessor and Lessee.: Lessor and Lessee agree ' hereby that all prior or contemporaneous oral agreements relative to.-the leasing of the . premises are merged in or revoked by this Agreement. 10.2 Severabilitv: If any term or provision of this Lease shall to any extent be determined *by a court of competent jurisdiction. to. be invalid -or unenforceable, the remainder of this Lease shall'not be affected thereby and each.term and pFOVision of this ; Lease 'shall be valid and be enforceable to the.fullest extent permitted by law. - , 10.3 Waiver:- No covenant, term or condition or the -breach thereof -shall .be deemed waived; except by written consent of the party against whom the waiver is claimed and any waiver or the breach of any covenant, term or condition shall not be . ~ deemed to be. a waiver. of any preceding or succeeding breach of the same or• any other covenant, term or condirion. Acceptance by Lessor of any perforsnance by Lessee aRer ' the time the same shall have become due shall not.constitute a wai'ver by Lessor of the • . brea.ch.or default.of any covenant, term'or condition untess otherwise expressly agreed to ~ by Lessor in writing. 10.4 , Surrender of Premises: .The voluntary or other surrender of this Lease by Lessee, or a mutual caricellation.thereof, shall not work a merger and shall, at. the aption ; of the - Lessor, terminate.- a.ll or . any exisring 'subleases - or subtenancies, or may; at-. the ~ optiori of Lessor, operate as an assignment to it of any or all such subleases or , subtenancies. . . . ' JAIL FACtLITY LEASE AGREEMENT Page 3 of 10 ~ . ' i' • i . . . . . , . . . - , 1. . . . ~ . f ~ . _ . . . . . . . . ; . . . . . . : . . 10.5 Recordiag: Lessee shall not record this. Lease without the Lessor's prior ~ -written consent and . such. recordation shall; at txie option of Lessor, constitute -a non- _ curable defaultof Lessee. hereuniier. Either paity . shall, upon reqiiest of =the other, execute, acknowledge and-deliver to the other a "short forai" memorandum of this Lease t for recording purposes. : 10.6 Notices: All notices or demands of.any Idnd required or desired to be given by. Lessor or Lessee .Yiereunder shall~ be -in writing and shall be. deenied delivered forty- eight (48} liours after depo'siting:tlie notice or demand.iri ttie-United States. Mail; certi-fied • , or registerefl;'. postage prepaid, addressed- to, the Lessor or L;essee. respectively at the addresses set fortfi after. their signatures at the end of this Lease. All notices or requests ;required or, permitted under this Lease shall, be ia writingshall be personally, deliverecl, : delivered.by a ieputable express delivery service such as Federal Express `or DHL, or sent . by certified maiT, return receipt requested, postage-prepaid, and shall be deemed delivered on receipt or refusal. All notices-or.requests to Lessor shall be sent to Lessor at I,essor's . 'Address set forth below and all.notices or requests to Lessee- shall be sent to Lessee at ' . Lessee's Address set forth below. r~ 10.7 • Dispute Resolation. As a condition precedent to any litigation, the parties shall submit any dispute.between them to-non-b'inding mediation, with the assistance of a mediator who shall be experienced in.-the subject matter of the dispute. The parties shall each designate a representative with. settlement authority who will participate in the . mediation. The mediator's fee sha1T be divided equally between the parties. ; 10.8 'Hazardous Materials: Lessee shall noi cause or permit any hazardous : substances as defined:below to be brought upon, kept or used in or about the premises by . " '-Lessee, their agents; employees, coritractors or invitees. Lessee shall comply with all federal, state and local laws ordinances, codes, regulations, orders and decrees as they . now exist, or are hereaftei amended, iricluding all policies, interpretations, guidelines, directions or recommendations relating -to -industrial hygierie, environmental protection or the use; analysis, • generation, manufacture, storage; :presence, re lease, disposat or. transportation of •any petroleum products, -flammable, explosives; asbestos, urea . . formaldehyde,. polychlorinated.. biphenyls, radioactive materials or waste, or.. other hazardous,: toxic, contaminating or polluting materials, substances or wastes, including any materials , defined as "hazardous substances"; "hazardous wastes"; "hazardous, materials'°; or "toxic sul~stances" (collectively; "•Hazardo Materials") under any such . Hazardous Matereals Laws and amendments-thereto. Lessee shalT defend (witti counsel reasonably acceptable to Lessor) and indemnify : Lessor and Lessor's_ officers,.directors;.paitners; :managers, members, -employees, -agents, ities, damages; costs, penalties, -successors and assigns against any and.: all elaims, liabil ~ - forfeitures, losses, obligations, investigation costs,.remediation and removal costs, natural ~ resource damages and expenses, includirig'attorney's fees, arising in whole. or in. part, lease of Hazardous rnaterials in, on, , directly. -or ind'uecdy, -from (a) the :presence or re 1AIL FACILITY LEASE AGREEMENT Page 4 of 10 _ • + . . : . . . . : _ ! . _ . .i. . . . . . . I I. . . . . _ . , urider,:;upon. or from .the- premises as:;a. result of acts or omissions of Lessee. or their employees, agents or invitees; (b) the transportation. or disposal of Hazardous Materials to or -fr.om the 'premises:*by, -at the request of or with the perinission of L;essee, its ~ ~ employees,~ agents, or invitees; (c) the violation of any Hazardous Materials .Laws by . Lessee, their employees: or agents; (d) ttie failure of Lessee, tlieir employees or agents to . comply with the :terms of this Section 10.7; or (e) the use, storage, generation or disposal of Hazardous-Materials in,, on or about the premises. The respective rights and . obligations of Lessor and Lessee under this Section 10.7 shall survive the expiration-of - earlier termination of this Lease. . .10.9 Lessee's Indemnification and Hold Harmless: Lessee shall defend (using ~ legal counsel reasonably- acceptable-to Lessor) indemnify, and hold Lessor, their ageats, . employees, and elected -officials harmless from ariy -and al.l cIaims, expenses, :including attorneys fees, or damages by any reason of or arising out of the negligent act or omission . of the Lessee their agents, customers (including prisoners), employ.ees, contractors, : subtenants or assignees or any of them relating to or arising out of the performance of this ' Agreement, •.except for the damages caused by the negligence of the Lessor. The - pravisioris. of this Section, shall survive expiration or termination of this Lease and shall ' .include-all.claims agairist Lessor by any employee or former employee of Lessee. L'essor ' and Lessee have specifically negotiated• and I,essee specifically waives any provisions of ~ any industrial insurance act, including Title 51 -of the Revised Code of Washington, or . . any other employee benefit act which: might otherwise operate to release or immunize Lessee from their obligations under this Section. . 10.10 Lessor's Indemnification. and Hold Harmless: Lessor shall defend (using legal counsel reasonable acceptable to. Lessee), inderrinify and hold Lessee, their agents, and employees, harmless,from ariy and-all claims, expenses, including attorneys fees,'ar damages by any reason of or arising out of the negligent act or omission of the Lessor their agents; customers (including prisoners),: employees, contractors, subtenants or . assignee"s or any of.them relating to or arising out of the performance of this Agreement; . except~for the damages caused-by the negiigence of the Lessee. The provisions of this Sectioii shall survive expiration or- termination of this Lease and shall include all claims - against Lessee by any employee orformer employee of.Lessor. Lessee and Lessor have specifically negotiated.and Lessor specifically waives any provisions of any industrial insurance . act, including. Title 51 of the. Revised Code of Washington, or any other employee benefit act wliich might otherwise operate to release or immunize Lessor from ` their obligations under ttiis Section. : ; 10.11 Attornev's Fees and Costs: Upon any litigation or other proceeding . between the parties;.hereto, declaratory or otherwise, arising out of this 1ease; the ` ~prevailing., party shall `recover ` from the, non-prevailing, party all costs, damages, -and; expenses, including reasonable attorneys and costs expended or incurred in connection ' therewith {collectively "Attomeys' Fees"). 1AIL FACILITY LFASE AGREEMENT Page 5 of 10 I. ; , ~ . _ . . . . . . . , 1 . . . : .,i - , ~ . - .'_.._I .:.1 --__i . . 10.12 Binding Effect: The covenants, and. agreements of this Lease and/or any 'extension tlieieof,. shall be, binding upori the successors •and assigns of all parties herein ' except as hereinabove provided. . ' 10.13 Time: Time is of the essence of this Lease. ' =i . 10.14 Sigo,:, Lessee may, at its sole cost, erect signs upon the premises provided that such sigiri \or• signs (a) do. not cause ;any strucfusaP or other damage to the building; (b) not:violate.-applicable •goveiiimental:Iaws,: ordiiiatices; niles or regulations; (c) do not . violate :any existing restrictions affecting- the premises; and (d) are approved in advance by-i,essor. • 10.15 Governing -L;aw: This Lease shall be govemed by and its terms and conditions construed in accordance with the laws of the State of Washington. . 10.16 Insurance. The Lessee shall procure and maintai.n' for the duration of the . ; Agreement, iasurance against claims-;for injuries to persons or daznage to property which . inay arise • from or in connection with the. Lessee's - operation and use. of the leased • Premises. Lessee's maintenance of insurance as requiied by the agreement shall not be construed to'.liiriit :the habitity of the. Lessee to the. coverage provided by such insurance, or otherwise limitthe Lessor's recourse to. any remedy available at law or in equity. : A. Minimum Scope of Insurance " Lessee shall obtain insurance of the types described below: 1. Commercial General Liabilitv insurance shall lie written on ISO , occuirence. forai CG 00 01 or WCIA equivalent coverage and shall cover. ,p;emises -and coniractual liability. Lessee will provide an , "Evidence of Coverage" : letter confirming contractual liabitity I coverage as required in this lease. 2. Pro e insurance shall be wri"tten on an all risk basis. . Lessee shall maintain the following. insurance limits: 1. Commercial General Liabilinsurance shall be written with limits no . less than $1,000;OOO.each occurrence, $2,000,000 general aggregate. . . - . 2. Pro e insurance shall be written covering the full value of ' Lessee's property and improvementswitli no coinsurance provisions. ~ B. Other Insurance Provisions ; The insurance'policies. are'to contain, or be eridorsed to contain, the following provisions for Coinriiercial Geneial-Liability insurance: . i : _ ; . i•JAIL FACILITY LEASE AGREEMENT Page 6 of 10 ; • . . , ~ . , : j . - . . . . . + 1. The Lessee's 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 Lessee's insurasice and shall not contribute with it. 2. The Lessee's 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. C. Acceptability of Insurers ' . Insurance is to be placed with insurers with a current A.M. Best rating of-not.less than A:VIL D. Waiver of Subrogation - Les.see and.Lessor hereby release and discharge each other from all. claims, losses and liabilities arising -from or caused by any hazazd 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. E. Lessor's Property Insurance , Lessor shall purchase and maintain during the term of the lease a1l-risk property insurance covering the.Building for their full replacement value without any coinsurance provisions. 10.17 Other Issues. The Lessee and Lessor hereby agree that if any other issues related 'to this lease or implementation of its terms arise, Lessee and Lessor sha11 negofiate in good faith to address the saine by separate agreement or by amendment hereto if appropriate. EXECUTED by the parties on the date and year first aliove rvritten. LESSOR: ' City of Auburn, Washington, ATTEST: ti a Washington Municipal Corporation. BY: Peter B. Lewis By: Danielle Daskam Its: Mayor Its: Auburri City Clerk JAIL FACILITY LEASE AGREEMENT Page 7 of 10 . . APPROVED AS TO FORM . ~ BY: Daniel . Heid <(..Its: Citv Attornev LESSEE: . South Correctional En6ty, a Governmental Administrative Agency . ATTEST: BY: Jack DoveY By: Michele Neumann Its: P=esiding,Officer of the _ Its: Administra.tive Assistant - Administrative Board JAIL FACIUTY LEASE.AGREEMEN7' Page 8 of 10 3TATE OF WASHNGTON ) . ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Peter B. Lewis and Danielle . Daskam are the persons who appeazed before me, and said persons acknowledged that . heJshe signed this instrumen# and on oath stated that heJshe was authorized to execute the instrument as the Mayor and City Clerk of Auburn, and acknowledged `it to be the fiee and voluntary act of the City of Auburn, Lessor herein, for the uses and purposes mentioned in the instrument. . Dated Notary Public in and ;for the State of Washington residing at ` My appointment expires , STATE OF WASHIlVGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Jack Dovey and Michele Neumann are the persons who appeazed before me, and said persons acknowledged that he/she signed this instrument and on oath stated that he/she was authorizecl to execute the instrument as the Presiding Officer of the Administrative Board and the Administrative Assistant of the South Conectional Entity, and acknowledged it to be the free 'and voluntary act of the South Correctional Entity ("SCORE"), Lessee herein, for the uses and purposes mentioned in the instrument: Dated Notary Public in and for the State of , • . Washington residing at My appointment expires - JAIL FACILITY LEASE AGREEMENT Page 9 . EJCMIT A LEGAL DESCRIPTION OF THE PREMISES Auburn City Hall - Jail Legal Description Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 1, First Addition to Slaughter, according to the plat thereof recorded in Volume 2 of Plats at page 84, records of King Count}►; I Washington; Together with alley within said Block 1 vacated by City of Auburn Ordinance 3159 and recorded under King County Recording Number 7703240579, `records of King County, Washington. Except that portion of said Lot 4; Block 1 dedicated for public right of way by instrument recorded under King County Reeording Number 20070619000372, ~ecords of King County, Washington. JAIL FACILITY LEASE AGREEIVIENT Page 10