HomeMy WebLinkAboutGeneral Services Administration
.
U. S. GOVERNMENT
LEASE OF REAL PROPERTY
1. THIS LEASE entered into in accordance with the Cooperative Use Act, 40 U.S.C. (a)(16), by and between the United States of
America, acting by and through General Services Administration (GSA), hereinafter called Lessor, and CITY OF AUBURN
hereafter called the Lessee, whose address is, 25 WEST MAIN STREET, AUBURN, WA 98002, to use and occupy the property
hereinafter described under the terms and subject to the conditions contained herein.
2. WITNESSETH: The Lessor hereby leases to the Lessee the following described premises: Approximately 13,153 square feet
consisting of approximately 3,115 square feet of office, kitchen and quarters, approximately 6,438 square feet of light industrial
space and approximately 3,600 square feet of parking, including the use of parking and truck maneuvering areas and common
areas with ingress and egress to the subject space, located in the 815 building, 2905 "C" Street SW, Auburn, WA 98001-7412.
To be used exclusively for the following purpose(s): Operation of a 24-hour fire department, including emergency response,
special services and pOlice department personnel and equipment. The storage and/or use of hazardous/flammable materials is
prohibited. Storage and/or distribution of perishable food grade products are prohibited.
3. TO HAVE AND TO HOLD the premises with their appurtenances under the following term beginning, July 1. 2005 and ending,
June 30. 2010. This agreement will revert to a month-to-month occupancy, pending a negotiated agreement of renewal, basedQn
current market rates for like space. Lessee must notify the Contracting Officer, in writing, of intent to renew no later than thirty (30)
days prior to expiration of the initial lease term.
4. The Lessee shall pay the Lessor an annual rental of $55,174.92 (Fiftv five thousand one hundred seventy four dollars and
92/100). payable at the rate of $4.597.91 (Four thousand five hundred ninety seven dollars and 91/100), per month in
advance. Rent for part of a month shall be prorated. All payments shall be made payable to the General Services Administration,
and shall contain the following outlease number for identification purpose~AII payments are to be paid by
check or money order and mailed to the OFFICE OF FINANCE. GENER~STRATION. P. O. BOX 894201.
LOS ANGELES. CA 90189-4201. for receipt on or before the first day of each month. This address for the receipt of rent
payments only with all other correspondence submitted to the Contracting Officer.
5. The Lessor shall fumish the Lessee under the terms of this lease services and utilities as follows: Utilities as currently in place and
operable. Utilities for normal business are provided for an eleven (11) hour day, five (5) days a week. Regularly scheduled
overtime usage that extends beyond the eleven hours, on weekends, or federal holidays, shall be paid for by the Lessee on an
hourly rate, negotiated between the GSA Property Manager and the Lessee and payment shall be remitted to the local GSA
Property Management office. Lessee responsible for all janitorial and trash removal services and to be performed at the
satisfaction of the Lessor.
If heat or air conditioning services are provided under this lease, the Lessor agrees to maintain temperatures in the demised
premises in accordance with current Lessor standards for its buildings. In the event of a fuel shortage, where the Lessor is
required to cut back or curtail fuel consumption the Lessee agrees to accept heating or air conditioning at whatever level is
available.
6. The following paragraph (s) were deleted before execution of this lease: Terms and Conditions - Paragraph J
7. The following paragraph (s) or document (s) were incorporated before execution of this lease: Exhibit A
8. . Space offered is accepted "as is.. Any proposed changes/alterations to the space shall be the sole responsibility of the Lessee,
with prior approval and acceptance by the GSA Property Manager or designated representative.
9. The Lessee shall be subject to all Federal Property Regulations and Rules of Occupancy that apply to Federal tenants (Title 41,
CFR, Subpart 101-20.3 and Title 18, USC, Section 930). Such rules and regulations shall be administered by General Services
Administration.
riting. to the
encing wfIh,
q<ei\J
11. Unless otherwise specified herein, Lessee shall, without expense to the Lessor and to the satisfaction of the Le obtain and
carry public liability insurance coverage for third party bodily injury liability, with limits of liability of $1 ,000,000 ccurrence, and
third party property damage liability to cover joss of use, or damage to building of $1 ,000,000 per occurrence. ertification of
insurance shall be furnished the Lessor within fifteen (15) days from the date of execution of this lease. TRis l3eliey fer 5lefleral
third psrty lisbility 81'1811 i"cltlde 8" cfldefSeffieFlt FlflffiiFl!;'j tho UFliteef States of .'\ffiefiealCS^, 06 OR odaitieRal iRsl:lrea as Fesl3eets
liability aGGl:JFRod iR POrll!iJFaI3R E 9f this lease and ar:isiR9 out of tl:l8 1.188 and occupaRcy for leased pr8R=li8es by lessee. The policy
shall include the following endorsement: "It is a condition of this policy that the insurance company shall furnish written
notice to the General Services Administration, Real Estate Contracting Officer, in writing, thirty (30) days in advance of
the effective date of any reduction to or cancellation of this policy." This Certificate of Insurance must be submitted to
the GSA. Contractina OffIcer, Real Estate. 400 _15th Avenue SW, Auburn. WA 98001-6599.
10. The Lessor/Lessee may terminate this lease at any time by giving at least one hundred eighty (180) days notice i
Lessee/Lessor, and no rental shall accrue after the effective date of termination. Said notice shall be computed co
the date of mailing by either the Lessor/Lessee.
12. Lessee shall have the right to install and maintain a business identification sign of appropriate size, to be located at the direction of
the GSA Property Manager.
"13. Any racking or equipment installed shall meet the specifications of applicable local codes, and if this requires in~tallation of floor
bolts, upon termination of the outlease contract, the bolts shall be cut off at the s~rface and g~ound to b~ level Wlt~ the concret~
floor, to the satisfaction of the GSA Property Manager or designated representative. Installation of fenCing or deVices for secunty
purposes is optional, with GSA approval and acceptance.
14. Lessor shall provide keys to warehouse space and magnetic key cards for warehouse gate access on a twenfty$-1fosUoro(24) hour r
basis, seven (7) days a week. All keys shall be returned to Lessor upon termination of the lease. A charge 0 . per magne IC
card key will be assessed for each key lost or not retumed to Lessor. A charge of ~150.00 per I~k .cor~ will be assessed f~r ea?h
lock core that is re-keyed due to not returning a key to the Lessor. Lessor will reqUIre payment Within thirty (30) days of notification
of said charge.
15. Lessee is placed on notice that use/occupancy of non-leased/unassigned space, shall be hgrounds f?r asses~~enCeo::c,~:i11
negotiable rental charges, equal to the existing square footage market rate, for each day t e space IS occuple .
require payment within thirty (30) days of notification of said charge.
16. All common use areas are permitted for tenants of the building/complex. All federal restrictions to such areas are applicable.
I/~-<L- -f J 7 s-
,CJi;. ~-./
.-
TERMS AND CONDITIONS
.
A. Lessee has inspected and knows the condition of the leased
premises and agrees to accept same in its "as is" condition. It is
further understood that the leased premises are hereby leased without
any additions, improvements or alterations thereto.
B. Lessee shall not make any additions, improvements, repairs, or
alterations to the leased premises without the prior written consent of
Lessor in each and every instance.
C. The Lessor shall, except as otherwise specified herein and except
for damages resulting from the act or negligence of the Lessee, his
agents, employees, maintain in good repair and tenantable condition
the demised premises, including the building and any and all
equipment, fixtures, and appurtenances, whether severable or
nonseverable, furnished by the Lessor under this lease.
D. Lessee shall use reasonable care in the occupation and use of the
leased premises. Upon the expiration or termination of this lease,
Lessee shall vacate the leased premises, remove his property
therefrom and forthwith yield and place Lessor in peaceful possession
of the leased premises, free and clear of any liens, claims, or
encumbrances and in as good condition as the leased premises
existed at the commencement of this lease, ordinary wear and tear
excepted.
E. Lessor shall not be responsible for damage to property or injuries to
persons, which may arise from or be incident to the use and
occupation of the leased premises, nor for damages to the property or
injuries to the person of Lessee or of others who may be on said
premises at Lessee's invitation and Lessee shall hold Lessor harmless
from any and all claims for such damages or injuries.
F. Lessee shall comply with all applicable Municipal and State Laws,
ordinances and regulations; and obtain and pay for all licenses and
permits as may be required.
G. Lessee agrees not to use the leased premises in any way which, in
the judgment of the Lessor poses a hazard to the Lessor, the leased
premises, other Lessees, or the building in part or whole, nor shall
Lessee use the leased premises so as to cause damage, annoyance,
nuisance or inconvenience to the building occupants or others.
H. Lessee, Lessee's agency. employees, invitees or visitors, shall
comply fully with all Rules and Regulations Governing Public Buildings
and Grounds as now posted or subsequently amended.
I. The Lessor reserves the right to enter the leased premises at all
reasonable hours to inspect it. exhibit same or to make such repairs,
additions or alterations as Lessor considers necessary for the safety,
improvement or preservation of the Lessee's premises or any part
thereof.
J. Unless otherwise specified herein, Lessee shaH, without expenses
to the Lessor and to the satisfaction of the Lessor, obtain and carry
public liability insurance coverage for third party bodily injury liability
with limits of liability for bodily injury and third party property damage
liability in the amounts specified by the General Services
Administration Contracting Officer. A certified copy of the policy with
endorsement, manually countersigned, shall be furnished the Lessor
within 15 days from the date of execution of this lease. The policy for
general third party liability shall include an endorsement naming the
United States of America, as an additional insured. The policy shall
include the following endorsement: "It is a condition of this policy that
the insurance company shall fumish written notice to the General
Services Administration, Contracting Officer, in writing, thirty (30) days
in advance of the effective date of any reduction to or cancellation of
this policy."
K. If the Lessee shall fail to pay the rent herein provided or shall
abandon the leased premises or shall fail to observe or perform any
other conditions, covenants or agreement as herein stated. then the
Lessor may, at its option: (a) declare this lease ended and terminated
and may reenter the leased premises and remove all persons or things
therefrom. and the Lessee hereby expressly waives all service of any
demand or notice prescribed by any statute whatever. and (b) on
IN WITNESS WHEREOF, the parties hereto have signed and sealed their pr
FXAr.lJted this
day of
,20
IN PRESENCE OF:
By:
(Witness Signature)
FEDERAL TAX ID or SS#:
authority hereby granted the Lessor by the Lessee to dispose of such
personal property left in the premises as deemed in the best interest of
the United States of America and Lessee shall be liable for such
damages as the Lessor may incur.
L. In the event that a state or local tax is imposed upon the
occupancy, use, valuable possession, or valuable leasehold interest of
or in the real property hereby leased, the obligation for the payment of
the tax will be wholly that of the Lessee.
M. No member of or delegate to Congress, or resident Commissioner
shall be admitted to any share or part of this lease agreement, or to
any benefit that may arise therefrom; but this provision shall not be
construed to extend to any corporation or company if the agreement be
for the general benefit of such corporation or company.
N. The Lessee's name and location may be placed on the building
directory, floor directory and/or door plate, if the building is so
equipped. No signs of the Lessee shall otherwise be placed inside or
outside of the demised premises unless specifically authorized by the
Lessor in writing.
O. The Lessee v.'8rrants that no perso!1 or selling agency has been
employed or retained to solicit or secure this lease upon an agreement
or understanding for a commission, percentage, brokerage, or
contingent fee except bona fide employees or bona fide established
commercial or selling agencies maintained by the Lessee for the
purpose of securing business. For breach or violation of this warranty,
the Lessor shall have the right to annul this lease without liability, or in
its discretion, to require Lessee to pay in addition to the contract price
or consideration, the full amount of such commission, percentage,
brokerage, or contingent fee.
P. The failure of Lessor to insist in anyone or more instances upon
performance of any of the terms, covenants, or conditions of this lease
shall not be construed as a waiver or relinquishment of the future
performance of any such term, covenant, or condition, but Lessee's
obligation with respect to such future performances shall continue in
full force and effect.
Q. Any notice or advice to or demand upon Lessee shall be in writing
and shall be deemed to have been given or made on the day when it is
sent by certified mail to the Lessee's address indicated in paragraph 1,
or at such other address as Lessee may hereafter from time to time
specify in writing for such purpose. Any notice or advice to or demand
upon Lessor shall be in writing and shall be deemed to have been
given or made on the day when it is sent by certified mail to the
Lessor's Contracting Officer address indicated on the signature page
herein, or at such other address as Lessor's Contracting Officer may
hereafter from time to time specify in writing for such purpose. The
Contracting Officer is the Lessor's representative and is the only
person who has authority to sign or amend the terms or conditions of
this lease.
R. The Lessee agrees that he will not discriminate by segregation or
otherwise against any person or persons because of race, color, creed,
sex or national origin in furnishing, or by refusing to furnish to. such
person or persons the use of any facility, including any and all
services, privileges, accommodations, and activities provided therein.
S. Except with the prior written consent of Lessor. Lessee shall neither
transfer nor assign this lease or any of his rights hereunder, nor sublet
the leased premises or any part thereof or any property thereon nor
grant any interest, privileges or license whatsoever in connection with
this lease.
T. Lessee acknowledges that he acquires no right by virtue of
execution of this lease to claim any benefits under the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970, Public Law 91-646.
U. If the property leased is located in a State requiring the recording of
leases. the Lessee shall comply with all such statutory requirements at
Lessee's expense.
JUL I 8 2005
~ter "-'B. leWi'.s:..~
(Print Name)
(Signature)
(Print Name)
(Signature). I
">. C i:) r
~ day of ~uA'
),Print Name)
,20~
By:
Title: CONTRACTING QfFICER..l. Western Service Center
Address: GSA, 915 - 2 Ave., Koorn 390, Seattle, WA 98174
Contract No. GS-10PTE-OL-5-25
~
..
..
IBIT
.. . . If . .. .. . II .. . . . .. .. .. It .. . oW .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. . . .. .. .. .. .. .. .. . .. .. .. . .. .
City of Auburn - Fire
Approx. 3,600 sf parking
GSA Auburn Warehouse ~~-
815 Building
2905 "C" Street SW
Auburn, WA 98001-7412
WA0815KA
City of Auburn - Fire
Approx. 3,115 sf office, kitchen
& quarters. Approx. 6,438 sf
light industrial space.
t
INIT~
ssee/QR' '.n~Al\ePlt (GSA)
GENERAL SERVICES ADMINISTRATION
PUBLIC BUILDINGS SERVICE
SUPPLEMENTAL AGREEMENT
NO 1
WA08J5KA
DATE DEe 2 1 2:100
SUPPLEMENTAL LEASE AGREEMENT
TO LEASE NO.
GS-I0PTE-OL-5-25
ADDRESS OF PREMISES GSA Warehouse Complex
815 Bldg., 2905 "C" Street SW,
Auburn, W A 98001-7412
THIS AGREEMENT, made and entered into this date by and between CITY OF AUBURN
whose address is 25 West Main Street
Aublilll, W A 98002
hereinafter called the Lessee, and the UNITED STATES OF AMERICA, hereafter called the Government:
WHEREAS, the parties hereto desire to amend the above Lease.
NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said
Lease is amended, effective Ju1v 1. 2005 , as follows:
;,~"::::,~",,,,~j;~,%:; i':'''":'/;'~'''''''.~
This SLA#1 (supplemental lease agreement) reflects the deletion of insurance requirement based on the City of Auburn's
self-insured status, therefore, Paragraph 11 is deleted in its entirety.
All other terms and conditions of the lease shall remain in force and effect.
eir names as of the above date.
BY
/Y1~J2 fritle)
.zs WeLd: VV'\;~ A St. A\A.hu'l"^
Address) ,
vJA <=1-e7(tlL.
.
BY
CONTRACTING OFFICER
GENERAL SERVICES ADMINISTRATION
Official Title
GSA Form 276 (Ju!. 67)