HomeMy WebLinkAboutACAP Child & Family Services Lease.~
CITY OF AUBURN -ACAP LEASE OF REAL PROPERTY
This Lease, made and entered into this, the 27th day of March, 2007, by and between the
City of Auburn, whose address is 25 West Main Street in Auburn, Washington (hereinafter
called the "City"), and the ACAP Child & Family Services, 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:
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° O1' 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.
2. To have and to hold the said premises for the term beginning on the _27th day
March, 2007 and ending on the 31St day of December 2007. The term of this
Lease shall automatically convert to month to month commencing on the 1St day
of January 2008, and may be terminated by either party hereto by providing the
other party with ninety (90) days written notice prior to the termination of the
Lease.
3. For and in consideration of this Agreement ACAP shall pay to the City the sum of
one dollar ($1.00).
4. ACAP may place buildings and related improvements on the subject property
with the written approval of the City. 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
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compliance. All 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.
5. 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.
6. ACAP shall maintain the subject property, including any buildings and any
improvements in good repair and tenable condition including reasonable
maintenance of all landscaping.
7. 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.
8. 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.
9. ACAP shall defend, indemnify, and hold harmless the City, its officers, officials,
employees and volunteers from and against any and all claims, suits, actions, or
liabilities for injury or death of any person, or for loss or damage to property,
which arises out of ACAP's use of Premises, or from the conduct of ACAP's
business, or from any activity, work or thing done, permitted, or suffered by
ACAP in or about the Premises, except only such injury or damage as shall have
been occasioned by the sole negligence of the City.
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10. ACAP shall maintain Commercial General Liability insurance in full force and
effect during the term of the Lease to cover its obligations at a level of not less
than $3,000,000, and shall name the City as an additional named insured
thereunder. ACAP shall furnish the City a certificate of such insurance annually
at the time of its renewal. Insurance shall be written on Insurance Services Office
(ISO) occurrence form CG 00 O1 and shall cover premises and contractual
liability. The City shall be named as an insured on Lessee's Commercial General
Liability insurance policy using ISO Additional Insured-Managers or Lessors of
Premises Form CG 20 11 or a substitute endorsement providing equivalent
coverage.
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Commercial General Liability insurance: ACAP's insurance
coverage shall be primary insurance as respect the City. Any Insurance, self-
insurance, or insurance pool coverage maintained by the City shall be excess of
ACAP's insurance and shall not contribute with it. ACAP'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 City.
The City shall maintain liability insurance in full force and effect during the term
of the Lease to cover its obligations.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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
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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
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.
CITY O ~ AUBU
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Peter B. Lewis, Mayor
ACAP CHILD & FA ILY SERVICE
Name: Deanna L. Briese
Title: Executive Director
Attest:
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Da ' lle Daskam City Clerk
Appro s to rm:
aniel B. Hei ' y A orney
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