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HomeMy WebLinkAbout4887 RESOLUTION NO 4 8 8 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE LEASE AGREEMENT BETWEEN THE CITY OF AUBURN AND CONGRESSMAN DAVE REICHERT, A MEMBER OF THE U S HOUSE OF REPRESENTATIVES WHEREAS, the City owns office space property located at 2nd First Street Southeast in Auburn, Washington; and WHEREAS, Congressman Dave Reichert, a member of the U S. House of Representatives, desires to lease a part of suite A of the office property at a cost that is acceptable to the City NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows. Section 1. The Mayor and the Auburn City Clerk are hereby authorized to execute a Lease Agreement between the City of Auburn and Congressman Dave Reichert, which lease shall be in substantial conformity with the District Office Lease Agreement attached hereto as Exhibit "A" 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. --------------------------- Resolution No. 4887 December 7, 2012 Page 1 of 2 Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of S:�Q 20 CITY F A RN PET B LEWIS, MAYOR ATTEST kat � c� Danielle E. Daskam, City Clerk AP PR AS TO FORM: Daniel B Heid, City Attorney ---------------------------- Resolution No 4887 December 7, 2012 Page 2 of 2 District 01fico lease — Instructions NO LEASE OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE BEEN APPROVED BY THE ADMINISTRATIVE COUNSEL. The term for a District Office Lease for the 113'"Congress may not commence prior to January 3,2013. Members should endeavor to lease space through the last day of a congressional term rather than the last day of a calendar year For the 113th Congress,leases should end on January 2, 2015, not December 31,2014. • The preamble has three blank lines to be filled in: (1)Landlord's name; (2) Landlord's address; and(3) Member/Member-Elect's name. • Section I has three blank lines to be filled in: (1)Square footage of office that is being leased (optional);(2) Street address of office being leased; and(3)City, state and ZIP code where office is being leased. • Section 2 has four boxes that can be checked on whether any parking is included in the lease— two of the options each have a blank line to be filled in if the lease includes any assigned and/or unassigned parking spaces. • Section 3 has two blank lines to be filled in: (1)Date lease begins(must be on or after January 3, 2013); and(2) Date lease ends(must be on or before January 2, 2015). • Section 4 has one blank line for the monthly rent amount(write "zero" if no rent is to be paid). • Section 5 has one blank line—the number of days notice required for either party to terminate the lease before the end of the term. A standard period is 30 days, but any figure is acceptable. If the lease may not be terminated early, enter 'N/A" in this blank. • Sections 1-10, other than filling in the blanks,may not be altered or deleted. • Section I I has space provided to list any additional lease provisions. • Prior to either party signing a lease,the Member/Member-Elect must submit the proposed lease,accompanied by a copy of the District Office Lease Attachment for the I I3'h Congress,to the Administrative Counsel for review and approval. If the proposed terms and conditions of the lease are determined to be in compliance with applicable law and House Rules and Regulations,the Administrative Counsel will notify the Member/Member-Elect that(s)he may proceed with the signing of the lease. Please submit the proposed lease and District Office Lease Attachment either by e-mail in PDF form(leases @mail.house.gov)or far (202-225-6999). • The Member/Member-Elect is required to personally sign the documents. A signed and dated District Office Lease Attachment must acco his lease. • Once signed by both parties,the Lease and the District ease chment must be submitted to the Administrative Counsel for final approval. They may be sent by email in PDF form or faxed to 202-225-6999, but the originals still must be submitted by inter office mail (217 Ford House Office Building, Washington, D.C. 20515)after emailing or faxing. • If approved, Administrative Counsel will send them to Finance so that payment can begin. If there are errors, you will be contacted and required to correct them before the lease is approved. V.S. .7fouse of Representatives Washington, D C. 20515 District Office Lease (Page 1 of 2-113'"Congress) Pursuant to 2 U.S.C. § 57,and the Regulations of the Committee on House Administration(as modified from time to time by Committee Order)relating to office space in home districts, the City of Auburn,Washington 25 W.Main Street,Auburn,WA 98001 (Landlord's name) (Landlord's street address,city,state,ZIP code) ("Lessor"), and Congressman Dave Reichert a Member/Membe-Eleet-of the U.S. House of Representatives("Lessee"), agree as follows: 1. Location. Lessor shall lease to Lessee square feet of office space located at Pan of Suite A,2 1 at Street SE (Office street address) in the city,state and ZIP code of Auburn,WA 98091 (Office city,stale and ZIP) 2. Parking. The Lease includes(please check any and all that apply): ❑ parking spaces that are assigned ❑ parking spaces that are unassigned ❑ General off-street parking on an as available basis 0 No off-street parking 3. Term. Lessee shall have and hold the leased premises for the period beginning January 3 ,2013 and ending January 2 , 2015 The term of this District Office Lease("LEASE") may not exceed two years and may not extend beyond January 2, 2015, which is the end of the constitutional term of the Congress to which the Member is elected. 4. Rent. The monthly rent shall be $7500 and is payable in arrears on or before the last day of each calendar month. Rent payable under this LEASE shall be prorated on a daily basis for any fraction of a month of occupancy 5. Early Termination. This Lease may be terminated by either party giving 30 days' prior written notice to the other party The commencement date of such termination notice shall be the date such notice is delivered or, if mailed,the date such notice is postmarked. 6. Payments. During the term of this Lease,rent payments under Section 4 shall be remitted to the Lessor by the Chief Administrative Officer of the U.S. House of Representatives("CAO")on behalf of the Lessee. 7 District Office Lease Attachment for 113"Congress. The District Office Lease Attachment attached hereto is incorporated herein by reference,and this Lease shall have no force or effect unless and until accompanied by an executed District Office Lease Attachment for the 113" Congress. 8. Counterparts. This Lease may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. V.S. 7ffouse of Representatives Washington, D.C. 20515 Distilet Office lease (Page 2 of 2— 113' Congress) 9. Section Headings. The section headings of this Lease are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. 10. Modifications. Any amendments, additions or modifications to this Lease inconsistent with Sections I through 9 above shall have no force or effect to the extent of such inconsistency U. Other Additionally, the Lessor and the Lessee agree to the following: City to pay all utilities except phone and internet/data. Tenant to be responsible for custodial services within the leased premises, and for consumable products (paper towels, trash can liners etc). IN WITNESS WHEREOF, the parties have duly executed this District Office Lease as of the later date written below by the Lessor or the Lessee. Peter B Lewis, Mayor Print 1e(Lessor/ an Print Name(Lessee) l Lessor Signature Lessee Si gp lure JAN - 2 2013 r, Date Date TC6 This District Office Lease must be accompanied by an executed District Office Lease Attachment. District Difice Lease Attachment- histructions The District Office Lease Attachment("Attachment") is a four-page document that must accompany every Lease or District Office Lease Amendment("Amendment")that is submitted for a Member/Member-Elect's District Office. NO LEASE,AMENDMENT OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE BEEN APPROVED BY THE ADMINISTRATIVE COUNSEL. The term of a District Office Lease or Amendment for the 113th Congress may not commence prior to January 3,2013. Members should endeavor to lease space through the last day of a congressional term rather than the last day of a calendar year For the 1131h Congress, leases should end on January 2,2015,not December 31,2014. Four things are required: I The signature of the Landlord and date; 2. The signature of the Member/Member-Elect of Congress and date; 3 Contact information for the person in the Member/Member-Elects office whom we should call if there are any problems or questions(scheduler,etc.);and 4 The signature from the Office of the Administrative Counsel. A few things to keep in mind: • The Member/ Member-Elect is required to personally sign the documents. • The Attachment SHALL NOT have any provisions deleted or changed. • Even if rent is zero, an Attachment is still required. • Prior to either party signing a Lease or Amendment, the Member/Member-Elect must submit the proposed Lease or Amendment,accompanied by a copy of the Attachment,to the Administrative Counsel for review and approval. If the Administrative Counsel determines that the proposed terms and conditions of the Lease or Amendment are in compliance with applicable law and House Rules and Regulations,the Administrative Counsel will notify the Member/Member-Elect that(s)he may proceed with the execution of the Lease or Amendment. Please submit the proposed Lease or Amendment and Attachment either by e-mail in PDF form (leases @ mail.house.gov) or by fax (202-225-6999). • Once signed by both parties,the Lease or Amendment and the Attachment must be submitted to the Administrative Counsel for final approval. The Attachment should be submitted at the same time the Lease or Amendment is sent to the Administrative Counsel. They may be sent by email in PDF form or taxed to(202-225-6999), but the originals still must be submitted by interoffice mail (217 Ford House Office Building, Washington, D.0 20515)after emailing or faxing. • Without a properly signed and submitted Attachment,the Lease or Amendment cannot be approved and payments will not be made. • The parties agree that any charges for default, early termination or cancellation of the Lease or Amendment which result from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee,and are not reimbursable from the Member s Representational Allowance. V.S. 91ouse of Representatives Washington, D C. 20515 District Office Lease Attachment (Page 1 of 4— 113 'Congress) 1. Incorporated District Office Lease Attachment. Lessor(Landlord)and Lessee (Member/Member-Elect of the U.S. House of Representatives)agree that this District Office Lease Attachment(`Attachment")is incorporated into and made part of the Lease("Lease")and, if applicable,District Office Lease Amendment("Amendment")to which it is attached. 2. Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives ("House")nor its Officers are liable for the performance of the Lease. Lessor further expressly acknowledges that payments made by the Chief Administrative Officer of the House("CAO")to Lessor to satisfy Lessee's rent obligations under the Lease—which payments are made solely on behalf of Lessee in support of his/her official and representational duties as a Member of the House—shall create no legal obligation or liability on the part of the CAO or the House whatsoever Lessee shall be solely responsible for the performance of the Lease and Lessor expressly agrees to look solely to Lessee for such performance. 3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for the CAO('Administrative Counsel")must review and give approval of any amendment to the Lease prior to its execution. 4. Compliance with House Rules and Regulations. Lessor and Lessee understand and acknowledge that the Lease shall not be valid, and the CAO will not authorize the disbursement of funds to the Lessor, until the Administrative Counsel has reviewed the Lease to determine that it complies with the Rules of the House and the Regulations of the Committee on House Administration, and approved the Lease by signing on page 4 of this Attachment. 5. Payments. The Lease is a fixed term lease with monthly installments for which payment is due in arrears on or before the end of each calendar month. In the event of a payment dispute, Lessor agrees to contact the Office of Finance of the House at 202-225-7474 to attempt to resolve the dispute before contacting Lessee. 6. Void Provisions. Any provision in the Lease purporting to require the payment of a security deposit shall have no force or effect. Furthermore,any provision in the Lease purporting to vary the dollar amount of the rent specified in the Lease by any cost of living clause, operating expense clause, pro rata expense clause,escalation clause, or any other adjustment or measure during the term of the Lease shall have no force or effect. 7 Certain Charges. The parties agree that any charge for default,early termination or cancellation of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee, and shall not be paid by the CAO on behalf of the Lessee. 8. Death, Resignation or Removal. In the event Lessee dies, resigns or is removed from office during the term of the Lease, the Clerk of the House may, at his or her sole option,either- (a) terminate the Lease by giving thirty(30)days prior written notice to Lessor; or(b)assume the obligation of the Lease and continue to occupy the premises for a period not to exceed sixty(60) days following the certification of the election of the Lessee's successor. In the event the Clerk elects to terminate the Lease,the commencement date of such thirty(30)day termination notice shall be the date such notice is delivered to the Lessor or, if mailed,the date on which such notice is postmarked. V.S. 9fouse of Representatives Washington, D C. 20515 OistMct Office Lease Attachment (Page 2 of 4—113"Congress) 9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which the Lessee has been elected. The Lease may be signed by the Member-Elect before taking office. Should the Member-Elect not take office to serve as a Member of the 113'"Congress,the Lease will be considered null and void. 10. Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease, the terminating party agrees to promptly file a copy of any termination notice with the Office of Finance, U.S. House of Representatives, B-245 Longworth House Office Building, Washington, D C. 20515, and with the Administrative Counsel, Office of the Chief Administrative Officer, U.S. House of Representatives, 217 Ford House Office Building, Washington, D.C. 20515 11. Notification upon Occurrence of Certain Events. Lessor agrees to promptly notify Lessee in writing in the event Lessor sells,transfers, or otherwise disposes of the leased premises; in the event Lessor is placed in bankruptcy proceedings(whether voluntarily or involuntarily); in the event the leased premises is foreclosed upon; or in the event of any similar occurrence. Lessee shall promptly file a copy of any such notice with the Office of Finance, U.S. House of Representatives, B-245 Longworth House Office Building, Washington, D.C. 20515. 12. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased premises(usually used in instances when the Lessor is selling or refinancing the building) upon the request of the Lessor Such an estoppel certificate shall not require the review and approval of the Administrative Counsel. 13. Maintenance of Common Areas. Lessor agrees to maintain in good order, at its sole expense, all public and common areas of the building including, but not limited to, all sidewalks, parking areas, lobbies, elevators, escalators,entryways, exits, alleys and other like areas. 14. Maintenance of Structural Components. Lessor also agrees to maintain in good order, repair or replace as needed, at its sole expense,all structural and other components of the premises including, but not limited to, roofs, ceilings, walls(interior and exterior),floors, windows,doors, foundations, fixtures, and all mechanical, plumbing,electrical and air conditioning/heating systems or equipment(including window air conditioning units provided by the Lessor)serving the premises. 15. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to persons or property, sustained by Lessee or any of his or her employees or guests,caused by Lessor s failure to fulfill its obligations under Sections 13 and 14 16. Initial Alterations. Lessor shall make any initial alterations to the leased premises, as requested by Lessee and subject to Lessor's consent,which shall not be unreasonably withheld. The cost of such initial alterations shall be included in the annual rental rate. 17 Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act,28 U.S.C. §§ 2671- 80, satisfies any and all obligations on the part of the Lessee to purchase private liability insurance. Lessee shall not be required to provide any certificates of insurance to Lessor v.S. .7fouse of Representatives Washington, D C. 20515 Oistrict Office Lease Attachment (Page 3 of 4—113'"Congress) 18. Limitation of Liability Lessor agrees that neither Lessee nor the House nor any of the House's officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to any third party that may arise during or as a result of the Lease or Lessee's tenancy 19. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements, and with all local and state building codes, safety codes and handicap accessibility codes(including the Americans with Disabilities Act), both in the common areas of the building and the leased space of the Lessee. 20. Electronic Funds Transfer Lessor agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to provide the Office of Finance, U.S. House of Representatives, with all banking information necessary to facilitate such payments. 21. Refunds. Lessor shall promptly refund to the CAO, without formal demand, any payment made to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended or been terminated. 22. Conflict. Should any provision of this Attachment be inconsistent with any provision of the attached Lease or attached Amendment,the provisions of this Attachment shall control, and those inconsistent provisions of the Lease or the Amendment shall have no force and effect to the extent of such inconsistency 23. Construction. Unless the clear meaning requires otherwise, words of feminine,masculine or neuter gender include all other genders and, wherever appropriate, words in the singular include the plural and vice versa. 24. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result of a bona fide,arms-length, marketplace transaction. The Lessor and Lessee certify that the parties are not relatives nor have had, or continue to have, a professional or legal relationship (except as a landlord and tenant). 25. District Certification. The Lessee certifies that the office space that is the subject of the Lease is located within the district the Lessee was elected to represent unless otherwise authorized by Regulations of the Committee on House Administration. 26. Counterparts. This Attachment may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 27 Section Headings. The section headings of this Attachment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. [Signature page follows.] V.S. Yfouse of Representatives Washington, D C. 20515 District Office Lease Attachment (Page 4 of 4—113"Congress) IN WITNESS WHEREOF, the parties have duly executed this District Office Lease Attachment as of the later date written below by the Lessor or the Lessee. Peter B Lewis, Mayor "td 01 2bciuf--'� Pint Na Lessor) Print Name(Lessee) Lessor Signature L ee Signature JAN - 22013 Date Date From th Membe Office,who is the poi t of contact for u scions? yy,, Name Phone rJ -mail l/� amail.house.gov This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are approved,pursuant to Regulations of the Committee on House Administration. Signed Date 20 (Administrative Counsel) Send completed forms to:Administrative Counsel, 117 Ford Ilouse Office Building, li'ashingion,D C.20515. Copies ntav also be fared to 202-225-6999