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RESOLUTION NO 2 8 4 2
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR OF THE CITY OF AUBURN TO
4 EXECUTE A PURCHASE AND SALE AGREEMENT WITH THE OWNERS OF REAL
5 PROPERTY DESIGNATED AS TAX PARCEL NUMBER 395440-0050-01,
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION PARCEL NUMBER 1-
6 15841 RELATING TO THE STATE ROUTE 18 / "C" STREET S W
INTERCHANGE RAMP IMPROVEMENT PROJECT ( PR 529 )
7
8
WHEREAS, the above described project is in accordance
9
with the six year Transportation Improvement Program ( T I P )
10
11 for 1997-2002 and the City Capital Facilities Plan (C F P ) ;
12 and
13 WHEREAS, real property acquisition funds for this project
14
are provided for by the Intermodal Surface Transportation
15
16 Efficiency Act ( I S T E A ) and the Transportation
17 Improvement Board (T I B ) ; and
18 WHEREAS, the purchase of said real property is necessary
19 to complete the SR 18 / C Street SW ramp improvement project
20
and the associated Sante Fe / Burlington Northern Railroad
21
22 crossing project, whether separated or at grade; and
23 WHEREAS, an appraisal report was completed by the project
24 appraiser August 17, 1995 indicating a fair market value in
25
26
Resolution No 2842
May 7, 1997
Page 1
1
the amount of $550, 000 00 and reviewed by the City' s contract
2
appraiser, concurring with said amount ; and
3
4 WHEREAS, an appraisal update was completed by the project
5 appraiser August 20 , 1996 increasing the indicated fair market
6 value to $560 , 000 00 and reviewed by the City' s contract
7
appraiser, concurring with said amount; and
8
WHEREAS, the owners were offered $560, 000 00 for the
9
10 purchase of said real property on September 18 , 1996 Owner' s
11 rejected offer; and
12 WHEREAS, the owner' s countered to the City of Auburn with
13
an amount of $622 , 000 00 on March 3 , 1997 for the purchase of
14
said real property; and
15
16 WHEREAS, through negotiations and as an administrative
17 settlement, City staff further justified compensation and
18 hereby accepts the owner' s counter offer of $622 , 000 00 ; and
19
WHEREAS, said real property is occupied by Industrial
20
Bolt and Supply, Inc subject to relocation benefits under the
21
22 Uniform Relocation Assistance and Real Property Acquisitions
23 Policy Act, reimbursable by I S T E A and T I B ; and
24
25
26
Resolution No 2842
May 7, 1997
Page 2
1
WHEREAS, upon closing, the City (lessor) and Industrial
2
Bolt & Supply, Inc (lessee) have both agreed to enter into a
3
4 Commercial Lease Agreement commencing June 1, 1997 and
5 terminating May 1, 1998 continuing month to month at the
6 City' s sole discretion at a monthly rate of $2 , 200 00 plus
7
leasehold excise tax of $282 48 payable to City of Auburn
8
Finance Director; and
9
10 WHEREAS, said real property is legally described and
11 shown on Exhibit "A" attached hereto along with an executed
12 Purchase and Sale Agreement dated May 2 , 1997, both attached
13
hereto and by this reference incorporated herein; and
14
WHEREAS, approval of this Resolution satisfies Item 4 as
15
16 set forth in said Purchase and Sale Agreement, binding the
17 City to all terms and obligations therein
18 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
19
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
20
21 RESOLVES THAT
22 Section 1 . The Mayor of the City of Auburn is hereby
23 authorized to execute said Purchase and Sale Agreement dated
24 May 2 , 1997 for the purchase of Tax Parcel Number 395440-0050-
25
26
Resolution No 2842
May 7, 1997
Page 3
1
O1, Washington State Department of Transportation Parcel
2
Number 1-15841 as legally described and shown in Exhibit "A"
3
4 attached hereto Purchase price for the real property
5 described herein, as accepted by the City and the owner (s) ,
6 plus normal costs of closing is $622 , 000 00
7
Section 2 . The Mayor is hereby authorized to implement
8
such administrative procedures as may be necessary to carry
9
10 out the directives of this legislation
11 DATED and SIGNED this 19th day of May, 1997
12
CITY OF AUBURN
13
14 � , £S .
15 �Qy� CHARLES A BOOTH
16 MAYOR
ATTEST
17
18 4
AAL J
19 Robin Wohlhueter,
City Clerk
20
21
APPROVED AS TO FORM
22
23
24 Michael J Reynolds,
25 City Attorney
26
Resolution No 2842
May 7, 1997
Page 4
Exhibit A Resolution No 2842
, adopted 5/19/97
EXHIBIT "A"
Lots 1, 2, 3,4, 5, 6 and 7, in Block 2 of Lacey's Second Addition to Auburn, according to the
plat thereof recorded in Volume 21 of Plats, Page 20, in King County, Washington;
ALSO KNOWN AS the East half of Block 2, Lacey s Second Addition to Auburn, according to
the plat thereof recorded in Volume 21 of Plats, Page 20, m King County Washington, as
disclosed by City of Auburn Lot Line Adjustment No. LLA-24-87, recorded under King County
recording number 8711230344
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PURCHASE AND SALE AGREEMENT
In the matter of the SR 18, "C" Street Interchange Ramp Project -PR 529, Federal Aid Project
No. P-STPUL-TA96(071), WSDOT Parcel No 1-15841, Tax Parcel No. 395440-0050-01
THIS AGREEMENT is made and entered into by and between the City of Auburn, a
municipal corporation of the State of Washington, hereinafter referred to as the "City", and John
T & Linda L. Butcher, husband and wife, hereinafter referred to as the "Owner(s)"
WITNESSETH
WHEREAS, the City affirms and the Owner(s) agree(s) that the Owner's(s') real property
described herein is required by the City for construction of an interchange ramp at the
intersection of State Route 18 and"C" Street S.W in the City of Auburn, State of Washington,
AND WHEREAS, the City has made a firm offer to pay the amount of Six Hundred
Twenty Two Thousand Dollars and No Cents ($622,000.00), for the purchase of the following
described real property in Auburn, King County, Washington:
Lots 1, 2, 3, 4, 5, 6 and 7, in Block 2 of Lacey's Second Addition to Auburn, according to the
plat thereof recorded in Volume 21 of Plats, Page 20, in King County, Washington;
ALSO KNOWN AS the East half of Block 2, Lacey's Second Addition to Auburn, according to
the plat thereof recorded in Volume 21 of Plats, Page 20, in King County Washington, as
disclosed by City of Auburn Lot Line Adjustment No. LLA-24-87, recorded under King County
recording number 8711230344
Subject to easements, restrictions, reservations and covenants of record.
NOW THEREFORE, it is understood and agreed that:
1 The Owner(s) will convey the real property by good and sufficient Statutory Warranty Deed,
free from all liens and encumbrances of every nature, including but not limited to any
leasehold interests.
2. The City will issue a warrant in the amount of$622,000.00 as stated above, which will be
deposited with Pacific Northwest Title Insurance Company, (formerly Stewart Title
Insurance) for purchase of the real property described above to include all interests in and to
the buildings, structures or other improvements located in or on the real property being
acquired by the City of Auburn owned by John T.Butcher and Linda L. Butcher and any
building, structure or other improvement considered to be real property owned by"Industrial
Bolt and Supply, Inc", tenant of John T Butcher and Linda L. Butcher.
Purchase and Sale Agreement
May I, 1997
Page 1 oft Exhibit B Resolution No 2842
&-\k bit g adopted 5/19/97
t
3 The City will pay normal costs of closing, such as escrow services,title reports and recording
fees. Any outstanding liens, assessments, taxation encumbrances that may have to be
removed to provide clear title to the City are to be satisfied in escrow by the Owner(s) out of
the proceeds of the sale.
4 Delivery of this Agreement is hereby tendered. HOWEVER, the terms and obligations
hereof shall not become binding upon the City unless and until a resolution authorizing the
acquisition is approved by the City Council.
Dated this a'° day of ryl 19`71
(s) City of Auburn
by Ct
Jo T Butcher City Eng' eer
- Q /�is*!
Linda L. : . cher
REF d:\mitch\butc-3
Purchase and Sale Agreement
May I, 1997
Page 2 oft Q Exhibit B Resolution No 2842
hlblfi 13" adopted 5/19/97
COMMERCIAL LEASE AGREEMENT
THIS LEASE made this 36141—day of Apr ; ( , 19%7, by and between the
City of Auburn, a municipal corporation (hereinafter called !`Lessor"), and Industrial Bolt and Supply
Inc, (hereinafter called"Lessee"):
WITNESSETII.
1. PREMISES: Lessor does hereby lease to Lessee, those certain premises commonly known as
320 Third Street SW, Auburn, Washington, described as Lots 1, 2, 3, 4, 5, and the north 21 feet of lot
6 in Block 2 of Lacey's Second Addition to Auburn, according to the plat thereof recorded in volume
21 of plats, page 20, in King County Washington (hereinafter called "premises") including a building
area containing approximately 12,086 square feet.
2. TERM: This lease will commence on June 1, 1997 and terminate on May 1, 1998, and at the
City's sole discretion continuing month to month thereafter under the same terms and conditions of this
Agreement, and shall terminate on thirty(30) days notice.
3 RENT Lessee agrees to pay the lessor a monthly rent, in advance, of $ 2,200 00 plus
leasehold excise tax of$282.48, at City of Auburn, Attention Finance Director, 25 West Main Street,
Auburn, WA 98001-4998.
4. UTILITIES AND FEES: Lessee agrees to pay all charges for light, heat, water, sewer,
garbage, drainage, metro and all other utilities and services to the premises during the full term of this
lease. Above items included in the rent are none.
5 REPAIRS AND MAINTENANCE. Premises have been inspected and are accepted by
Lessee in their present condition. Lessee shall, at its own expense and at all times, keep the premises
neat, clean, and in a sanitary condition, and keep and use the premises in accordance with applicable
laws, ordinances, rules, regulations and requirements of governmental authorities. Lessee shall pent
no waste, damage or injury to the premises and will be responsible for all repairs and maintenance.
6. SIGNS AND ALTERATIONS: All signs or symbols placed by the Lessee on or about the
premises shall be subject to Lessor's prior written consent. Lessee may make alterations, additions,
and improvements in and to said premises, at Lessee's sole cost and expense with Lessor's written
consent. Lessor may elect to require Lessee to remove such alteration, addition, or improvement upon
termination to this lease at Lessee's sole cost and expense.
7 LIENS AND INSOLVENCY Lessee shall keep the premises free from any liens or
encumbrances arising out of any work performed for, materials furnished to, or obligations incurred by
Lessee, and shall hold Lessor harmless against the same. In the event Lessee becomes insolvent,
Commercial Lease Agreement
Page 1 of 4
bankrupt, or if a receiver, assignee, or other liquidating officer is appointed for the business of Lessee,
Lessor may cancel this Lease at its option.
8. SUBLETTING OR ASSIGNMENT Lessee shall not sublet the whole or any part of the
premises, nor assign this Lease, without the written consent of Lessor, which will not be unreasonably
withheld. This Lease shall not be assignable by operation of law
9 ACCESS: Lessee shall permit Thoroughbred Auto Body access and egress across that portion
of the leased premises described as follows: The east 25 feet of lot 5 and the east 25 feet of the north
21 feet of lot 6 of said Lacey's Second Addition to Auburn and as shown on Exhibit "A" attached
hereto for the purposes of access and egress to Thoroughbred Auto Body employee parking and repair
vehicle storage area. Lessee shall not in any way block, restrict or impede access and egress to or from
said employee parking and repair vehicle storage area described as follows: The south 21 feet lot 6 and
all of Lot 7 of said Lacey's Second Addition to Auburn and/or in any way block, restrict or impede full
use of the real property within the above described employee parking and repair vehicle storage area by
said Thoroughbred Auto Body for the purposes described herein.
10 DAMAGE OR DESTRUCTION In the event the premises are rendered untenantable in
whole or in part by fire, the elements, or other casualty, this Lease may be terminated by either Lessee
or Lessor by providing the other with written notice.
11 ACCIDENTS AND LIABILITY: Lessor or its agents shall not be liable for any injury or
damage to persons or property sustained by Lessee or other, in or about the premises. Lessee agrees
to defend and hold Lessor and its agents harmless from any claim, action and/or judgment for damages
to property or injury to persons suffered or alleged to be suffered on the premises by any person, firm
or corporation, unless caused by Lessor's negligence.
12. COSTS AND ATTORNEY'S FEES: If by reason of any default or breach on the part of
either party in the performance of any of the provisions of this Lease, a legal action is instituted, the
prevailing party shall be paid its reasonable costs and attorney's fees in connection therewith. It is
agreed that the venue of any legal action brought under the terms of this Lease shall be in King County
Superior Court and interpreted under the laws of the State of Washington
13 NO WAIVER OR COVENANTS: Any waiver by either party of any breach hereof by the
other shall not be considered a waiver of any future similar breach. This Lease contains all the
agreements between the parties; and there shall be no modification of the agreements contained herein
except by written instrument.
14. SURRENDER OF PREMISES: Lessee agrees, upon termination of this Lease, to
peacefully quit and surrender the premises without notice, leave the premises neat and clean and to
Commercial Lease Agreement
Page 2 of 4
deliver all keys to the premises to Lessor If Lessor elects to require Lessee to remove all alterations,
additions, or improvements made by Lessee, then Lessee shall restore the premises to their previous
condition, less reasonable wear and tear
15 BINDING ON HEIRS, SUCCESSORS AND ASSIGNS: The covenants and agreements
of this Lease shall be binding upon the heirs, executors, administrators, successors, and assigns of both
parties hereto, except as provided.
16. USE: Lessee shall use the premises for the purposes of same as existing use and for no other
purposes,with written consent of Lessor
17 NOTICE: Any notice required to be given by either party to the other shall be deposited in
the United States mail, postage prepaid, addressed to the Lessor at 25 West Main Street, Auburn, WA
980014998, Attention Finance Director OR to the Lessee at 320 Third Street SW, Auburn, WA
98001, or such address as either party may designate to the other in writing from time to time
18. RIDERS: There are no other agreements between the parties, and any existing lease or
agreement is superseded by this agreement.
19 TIME IS OF THE ESSENCE OF THIS LEASE.
20 GUARANTEE. The party below executing on behalf of Lessee does hereby personally
guarantee performance by Lessee under the terms and conditions of this Lease Agreement
IN WITNESS HEREOF, the parties hereto have hereunder set their hands the date first above
written.
LESSOR: LESSEE.
CITY OF AUBURN, INDUSTRIAL BOLT AND SUPPLY, INC.
a municipal corporation �{�
By C,tia4. 1�4. � \ By
Charles A. Booth, M or Titl. / .
to,Approved as to form:( - _
Michael J eynolds, City Attorney ti��=;r a
, -
ATTEST l"0U/ v
Robin Wohlhueter, City Clerk
Commercial Lease Agreement
Page 3 of 4
y0fiLla
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
'On this q_ day of , 1977 before me, the undersigned, a
Notary Public in and for the State of Washin on, duly commissioned and sworn, personally appeared
CHARLES A. BOOTH and ROBIN WOHLHUETER, to me known to be the persons who signed
the foregoing instrument as MAYOR and CITY CLERK, respectively, of the CITY OF AUBURN,
the municipal corporation that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said corporation for the uses and purposes
therein mentioned, and on oath stated that they were duly elected, qualified and/or acting as said officer
and that they were authorized to execute said instrument as the free and voluntary act of such
municipal corporation, for the uses and purposes mentioned in the inst/r��un�mA_ent. q
•� �l�(�G� L-{
�'�Giv/en under my hand and official seal this 2- day of z i 19
,c,4` T Ilavvelie_ 6- '6a Se'
Notary Public or the State of Washington, E E. ` s%
residing at ' oN e" ��.,�
My appointment expires. /p/LS�fq ARV `9p,.�
(4:
JUBLIC �r 2
STATE OF WASHINGTON))ss °mf TogER 25,:.�° d1,4•County of King ) �'.,,,QF WAS" S'�
"n,uwi•` /
I certify that I know or have satisfactory evidence that J n 1-r... T $u t �
j L . 13,÷ r ,islare the person(s) who appeared before me, and said
person(s) acknowledged that-hefshe/ they signed this instrument, on oath stated that lac/sh•/they
was/were authorized to execute the instrument and acknowledged it as the 11.. Ag t 4141
SecrC`'S.ri r- aSur.r of ILo si'r tee, 1 ¢oI+ an.) SNpp lx) Inc , a
corporation, to be the free and voluntary act of such party for the uses and purposes mentioned
in this instrument.
Dated 4/3097
,,ssf.uu,,,,,ss
ssssss N LEGF 4.�
Pt /
0 NOTARY V J Le
*- . 2 d'
?N� y PUBLIC e OZS otary Public in and fSF the State of Washington
1:1> .1AeH 19.?' '6%s residing at rire.-t-+Ic W/9
....P1WASN, ,s`' My appointment expiresngorcti 11; Zelnv
REF H.\PROJ\PR529-67WE97-351
Commercial Lease Agreement
Page 4 of 4
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EXHIBIT A
LEGEND CITY OF AU3UPN
a■No■•■•■• LEASED PREMISES
���������� ACCESS/EGRESS AREA DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
V/ / THOROUGHBRED AUTO BODY BUTCHER
EMPLOYEE PARKING / THOROUGHBRED
VEHICLE STORAGE AREA PR529
PARCEL NO 395440-0050 'C' STREET RAMP PROJECT
Ott op
CHARLES A.BOOTH,MAYOR t AUBURN CITY CLERK
Robin Wohlhueter,City Clerk 25 West Main, Auburn,WA 98001
Dani Daskam, Deputy City Clerk ON Clerk:(206)931-3039
Tamie Bothell,Records/License Clerk /Business Registration:(206)931-3007 Fax (206)931-3053
STATE OF WASHINGTON)
ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full, true and correct copy of
Resolution No. 2842 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2842."
I certify that said Resolution No. 2842 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 19th day of May, 1997
Witness my hand and the seal of the City of Auburn this 20th day of June, 1997
alf
Robin Wohlhueter
City Clerk
City of Auburn
CITY OF AUBURN * ENGINEERING DIVISION
MEMO aavo..904'
DATE. May 28 1997 KA,*
t
TO Robin Wohlhueter, City Clerk '1
FROM: Mitch Legel, Eng Prop Acquisitions Mgr In [-
SUBJECT PR 529 Parcel No. 395440-0050 / WSDOT Parcel No 1-15841
Commercial Lease Agreement
Attached you'll find the original C L.A. between the City of Auburn and Industrial Bolt &
Supply Inc. Please have the the Mayor execute the agreement and forward a copy to me
upon attesting. This CLA commences June 1, 1997
I expect to have two additional lease agreements negotiated by mid summer 97
d:\TMPH\MEMO
S / ,
CITY OF AUBURN * ENGINEERING DIVISION
MEMO
DATE. May 13, 1997 A '' `J t
TO- Diane Supler, Finance Director '" `�� ' '
\/ U /
FROM: Mitch Legel, Eng Prop Acquisitions Mgr Cy12(4KPECE-G1-1
SUBJECT PR 529 Tax Parcel No. 395440-0050 / WS 6e-tO 1 y ✓ 'l'
Commercial Lease Agreement \ . ny_tenl ,t ,�jjj(//td
The attached lease goes into affect June 1, 1997 The orisilial will ue iuiiy execuieu Uy uie
Mayor following council approval of resolution no. 2842 on May 19, 1997 authorizing
payment into escrow for closing the purchase of the above tax parcel number
I would imagine your staff will need to set up a "lease receivable account" with Industrial
Bolt & Supply, Inc.
d:\TMPH\MEMO
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ra s , .g;, r_-:Tr.'u`�,»:,,kj MEMO
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wow, '
!�
a`DATE• iF May 13, 1997
,. -TO'"'f t `Diane'Supler, Finance Director
0. 3-4 FROM'. `Mitch Legel, Eng Prop Acquisitions Mgr pit,
la, laiallAits.
t.,SUBJECT•.ki PR 529 Tax Parcel No. 395440-0050 / WSDOT Parcel No. 1-15841
:. a,=,4, ;_ Commercial Lease Agreement
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, The attached les: v` .;!' T The original will be fully executed by the
u ,} Mayor folic w" . '842 on May 19, 1997 authorizing
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COMMERCIAL LEASE AGREEMENT
THIS LEASE made this 3()''day of Apr; 19q.7, by and between the
City of Auburn, a municipal corporation (hereinafter called `Lessor"), and Industrial Bolt and Supply,
Inc, (hereinafter called"Lessee"):
WITNESSETH.
1 PREMISES: Lessor does hereby lease to Lessee, those certain premises commonly known as
320 Third Street SW, Auburn, Washington, described as Lots 1, 2, 3, 4, 5, and the north 21 feet of lot
6 in Block 2 of Lacey's Second Addition to Auburn, according to the plat thereof recorded in volume
21 of plats, page 20, in King County Washington (hereinafter called "premises") including a building
area containing approximately 12,086 square feet.
2. TERM. This lease will commence on June 1, 1997 and terminate on May 1, 1998, and at the
City's sole discretion continuing month to month thereafter under the same terms and conditions of this
Agreement, and shall terminate on thirty(30)days notice.
3 RENT Lessee agrees to pay the lessor a monthly rent, in advance, of $ 2,200 00 plus
leasehold excise tax of$282.48, at City of Auburn, Attention Finance Director, 25 West Main Street,
Auburn, WA 98001-4998.
4. UTILITIES AND FEES: Lessee agrees to pay all charges for light, heat, water, sewer,
garbage, drainage, metro and all other utilities and services to the premises during the full term of this
lease. Above items included in the rent are none.
5 REPAIRS AND MAINTENANCE. Premises have been inspected and are accepted by
Lessee in their present condition. Lessee shall, at its own expense and at all times, keep the premises
neat, clean, and in a sanitary condition, and keep and use the premises m accordance with applicable
laws, ordinances, rules , regulations and requirements of governmental authorities. Lessee shall permit
no waste, damage or injury to the premises and will be responsible for all repairs and maintenance.
6. SIGNS AND ALTERATIONS: All signs or symbols placed by the Lessee on or about the
premises shall be subject to Lessor's prior written consent. Lessee may make alterations, additions,
and improvements m and to said premises, at Lessee's sole cost and expense with Lessor's written
consent. Lessor may elect to require Lessee to remove such alteration, addition, or improvement upon
termination to this lease at Lessee's sole cost and expense.
7 LIENS AND INSOLVENCY Lessee shall keep the premises free from any liens or
encumbrances arising out of any work performed for, materials furnished to, or obligations incurred by
Lessee, and shall hold Lessor harmless against the same. In the event Lessee becomes insolvent,
Commercial Lease Agreement (� ?t(
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bankrupt, or if a receiver, assignee, or other liquidating officer is appointed for the business of Lessee,
Lessor may cancel this Lease at its option.
8. SUBLETTING OR ASSIGNMENT Lessee shall not sublet the whole or any part of the
premises, nor assign this Lease, without the written consent of Lessor, which will not be unreasonably
withheld. This Lease shall not be assignable by operation of law
9 ACCESS: Lessee shall permit Thoroughbred Auto Body access and egress across that portion
of the leased premises described as follows: The east 25 feet of lot 5 and the east 25 feet of the north
21 feet of lot 6 of said Lacey's Second Addition to Auburn and as shown on Exhibit "A" attached
hereto for the purposes of access and egress to Thoroughbred Auto Body employee parking and repair
vehicle storage area. Lessee shall not in any way block, restnct or impede access and egress to or from
said employee parking and repair vehicle storage area described as follows: The south 21 feet lot 6 and
all of Lot 7 of said Lacey's Second Addition to Auburn and/or in any way block, restrict or impede full
use of the real property within the above described employee parking and repair vehicle storage area by
said Thoroughbred Auto Body for the purposes described herein.
10 DAMAGE OR DESTRUCTION In the event the premises are rendered untenantable in
whole or in part by fire, the elements, or other casualty, this Lease may be terminated by either Lessee
or Lessor by providing the other with wntten notice.
11 ACCIDENTS AND LIABILITY Lessor or its agents shall not be liable for any injury or
damage to persons or property sustained by Lessee or other, in or about the premises. Lessee agrees
to defend and hold Lessor and its agents harmless from any claim, action and/or judgment for damages
to property or injury to persons suffered or alleged to be suffered on the premises by any person, firm
or corporation, unless caused by Lessor's negligence.
12. COSTS AND ATTORNEY'S FEES: If by reason of any default or breach on the part of
either party in the performance of any of the provisions of this Lease, a legal action is instituted, the
prevailing party shall be paid its reasonable costs and attorney's fees in connection therewith. It is
agreed that the venue of any legal action brought under the terms of this Lease shall be in King County
Superior Court and interpreted under the laws of the State of Washington.
13 NO WAIVER OR COVENANTS: Any waiver by either party of any breach hereof by the
other shall not be considered a waiver of any future similar breach. This Lease contains all the
agreements between the parties; and there shall be no modification of the agreements contained herein
except by written instrument.
14. SURRENDER OF PREMISES: Lessee agrees, upon termination of this Lease, to
peacefully quit and surrender the premises without notice, leave the premises neat and clean and to
Commercial Lease Agreement
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deliver all keys to the premises to Lessor If Lessor elects to require Lessee to remove all alterations,
additions, or improvements made by Lessee, then Lessee shall restore the premises to their previous
condition, less reasonable wear and tear
15 BINDING ON HEIRS, SUCCESSORS AND ASSIGNS: The covenants and agreements
of this Lease shall be binding upon the heirs, executors, administrators, successors, and assigns of both
parties hereto, except as provided.
16. USE. Lessee shall use the premises for the purposes of same as existing use and for no other
purposes, with written consent of Lessor
17 NOTICE: Any notice required to be given by either party to the other shall be deposited in
the United States mail, postage prepaid, addressed to the Lessor at 25 West Main Street, Auburn, WA
98001-4998, Attention Finance Director OR to the Lessee at 320 Third Street SW, Auburn, WA
98001, or such address as either party may designate to the other in writing from time to time.
18. RIDERS: There are no other agreements between the parties, and any existing lease or
agreement is superseded by this agreement.
19 TIME IS OF'lHE ESSENCE OF THIS LEASE.
20 GUARANTEE. The party below executing on behalf of Lessee does hereby personally
guarantee performance by Lessee under the terms and conditions of this Lease Agreement.
IN WITNESS HEREOF, the parties hereto have hereunder set their hands the date first above
written.
LESSOR: LESSEE.
CITY OF AUBURN, INDUSTRIAL BOLT AND SUPPLY, INC.
a municipal corporation /�
By By9etr /
Charles A Booth, M.}yor Titl . JJJT
Approved as to form: c
Michael J •eynolds, City Attorney � _
Al JEST
Robin Wohlhueter, City Clerk
Commercial Lease Agreement
Page 3 of 4
• •
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STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
On this day of , 19� before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared
CHARLES A. BOOTH and ROBIN WOHLHUETER, to me known to be the persons who signed
the foregoing instrument as MAYOR and CITY CLERK, respectively, of the CITY OF AUBURN,
the municipal corporation that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said corporation for the uses and purposes
therein mentioned, and on oath stated that they were duly elected, qualified and/or acting as said officer
and that they were authorized to execute said instrument as the free and voluntary act of such
municipal corporation, for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this day of , 19
Notary Public for the State of Washington,
residing at
My appointment expires:
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that SLA+ hC-
/ ,� X L . RiA+4,LC is/are the person(s) who appeared before me, and said
person(s) acknowledged that•he/she/they signed this instrument, on oath stated that lic/shc/they
was/were authorized to execute the instrument and acknowledged it as theitp.,Jejent 4i.4}
>rer of Lr ,L +rta, ( loo1+ a, -J pJ / Inc . , a
corporation, to be the free and voluntary act of such party for the uses and ku ses mentioned
in this instrument.
Dated 4/3097
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9 d, �p oN tary`Public in and,f r the State of Washington
.:7TH )9CH 19:4 ,$' residing at r t/ Ic ,, W/4
#0 "IP�WAS��.``' My appointment expiresniorc,A lt7 7pnO
REF H:\PROJ"PR529-67\E97-351
Commercial Lease Agreement
Page 4 of 4
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EXHIBIT A
LEGEND CITY OF AU3UHN
LEASED PREMISES
W\ ACCESS/EGRESS AREA DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
_ =-; THOROUGHBRED
EMPLOYEE PARKING AUTO/ BODY BUTCHER / THOROUGHBRED
VEHICLE STORAGE AREA PR529
PARCEL NO 395440-005o 'C' STREET RAMP PROJECT