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HomeMy WebLinkAboutACAPCITY OF AUBURN - ACAP LEASE OF REAL PROPERTY This Lease, made and entered into this, the j,..~*~'cJ~ day of ,~d~,~t.-c.~: ,200-"; , by and between the City of Auburn, whose address is 25 West Ma~iStreet in auburn Washington (hereinafter called the "City"), and the ACAP Child & Family Service, a non profit organization, whose address is 1102 J Street S.E. of Auburn, Washington (hereinafter called "ACAP"). WITNESSETH: The parties hereto for the consideration hereinafter mentioned, covenant and agree as follows: 1. The City hereby leases to ACAP the following described premises: The north 130 feet of the west 180 feet of the following described real property situated in the County of King, State of Washington: That portion of the Northwest Quarter of the Northeast Quarter of Section 19, Township 21 North, Range 5 East, W.M., more particularly described as follows: Commencing at the northeast corner of the Northwest Quarter of the Northeast Quarter; running thence South 89° 21' 31" West along the north line of the Northwest Quarter of the Northeast Quarter a distance of 450.00 feet; thence South 21° 01' 48" East, a distance of 469.19 feet; thence South 0° 12' 35" West, a distance of 487.69 feet, to the True Point of Beginning; thence South 0° 12' 35" West, a distance of 362.00 feet, thence South 89° 27' 27" West, a distance of 602.23 feet; thence North 0° 32' 32" West 362.00 feet; thence easterly to the True Point of Beginning, less the westerly 60 feet for street purposes. To have and to hold the said premises for the term beginning on the 1st day January,. 2003 and ending on the 31st day of December 2003 subject to the termination rights as are hereinafter set forth. ACAP may place buildings and related improvements on the subject property providing the buildings and improvements comply with all codes and ordinances applicable to the use and operation of them, and should they become no longer in compliance with such codes and ordinances, ACAP is solely responsible for bringing the buildings and improvements in compliance. Construction plans and architectural renderings must be submitted to the City at least 30 days prior to any construction for approval. If no written objections from the City are received by ACAP within 30 days of the receipt of such construction plans and architectural renderings, ACAP may assume there are no objections. Lease Agreement Page 1 of 4 The City is leasing the subject property to ACAP, a non profit organization, solely for the reason that a child and family center and related administrative offices can be operated on the site. Use of the subject property for any other purpose than stated above must have the written permission of the City. o ACAP shall maintain the subject property, including any buildings and any improvements in good repair and tenable condition including reasonable maintenance of all landscaping. Upon the expiration or termination of this lease, all buildings, equipment, fixtures or appurtenances be removed from the subject property and the property returned to its original condition with the exception of underground utilities which shall be properly capped and any paved parking areas at ACAP's sole expense. If the property has been abandoned for whatever reason, this lease shall be considered terminated and the above terms and conditions will apply. Should any buildings, equipment, fixtures, or appurtenances remain on the subject property after the expiration or termination of this lease, the City may demand a penalty of $25 a day until they are removed or the property is restored to its original condition. Should any buildings, equipment, fixtures, or appurtenances remain on the subject property ninety (90) days after the expiration or termination of this lease, the City may remove and sell them, refunding the proceeds to ACAP minus expenses and a $2,000 penalty unless agreed otherwise in writing. The City is under no obligation to find the highest and best offer but shall make a reasonable effort to obtain a fair price. ACAP will construct and maintain any restraint such as a fence and locked gates necessary to prevent unsupervised youth from entering Les Gove Park property from the subject property. ACAP shall indemnify and save and keep harmless the City against any or all loss, cost, damage, claim, expense, or liability whatsoever, because of accident or injury to any persons or property occurring in the use or operation of the premises and property, or in the connection with the occupancy thereof. ACAP shall maintain liability insurance in full force and effect during the term of the Lease to cover its obligations at a level of not less than $1,000,000, and shall name the City as an additional party insured thereunder. ACAP shall furnish the City a certificate of such insurance annually at the time of its renewal. The City shall maintain liability insurance in full force and effect during the term of the Lease to cover its obligations. Lease Agreement Page 2 of 4 10. ACAP shall insure that the premises shall remain free of any lien or encumbrance at all times during the term of the Lease. Upon breach of the foregoing requirement, the Lease may be terminated at the sole discretion of the City. 11. ACAP has inspected and knows the condition of the premises, and it is understood and agreed that the premises are leased on an "AS IS" basis without any obligation on the part of the City to make any changes, improvements, or to incur any expenses whatsoever for the maintenance or repair of the premises. ACAP shall use reasonable care in the occupation, use, and operation of the premises and property and shall, at its own cost and expense, keep and maintain the same in a good state of repair, and upon the expiration and termination of the term, shall forthwith return the same in as good condition as the existing at the commencement of the occupancy, ordinary wear and tear excepted. 12. The lessee shall comply with all applicable Federal, State, Municipal, and Local Laws and Rules, Orders, and Local Ordinances and Regulations in the occupation, use, and operation of the premises and property. 13. ACAP shall not assign or transfer this lease or sublet all or any portion of the premises and property without the prior written consent of the City, and any assignment or transfer transaction without such consent shall be void. 14. ACAP shall pay all taxes levied or assessed upon the possession, use, or occupancy as distinguished from the ownership of the premises and property; and without expense to the City ACAP shall pay promptly all usual or proper charges for water, gas, electricity, sewer, service, or other services or supply. 15. This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Consultant of the services. 16. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 17. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 18. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more Lease Agreement Page 3 of 4 counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. Peter B. Lewis, Mayor Attest: Danielle Daskam City Clerk ApprCd~,. s to for,[j~ ! /,/:, Daniel ~lg"-'~~' Attorney ACAP CHILD & FAMILY SERVICE Title: Lease Agreement Page 4 of 4