HomeMy WebLinkAboutLease Agreement with Levan Auburn Development LLC Lease Agreement
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This Lease Agreement ("Agreement") is made on this day of December, 2018
("Effective Date") between LEVAN AUBURN DEVELOPMENT, LLC, a Washington limited
liability company and IOUANNOU , LLC, a Washington limited liability company as tenants in
common d/b/a AUB-DEV ASSOCIATES("Aub-Dev Associates"or"Landlord"),and THE CITY
OF AUBURN("City"or"Tenant"and collectively, "the Parties").
RECITALS:
1. Aub-Dev Associates is the owner of real property located between West A Street and
Division Street and between West Main Street and Is' Street SW, legally described in
Exhibit I ("Premises") and visually depicted in Exhibit 2, which is leased to the City of
Auburn under this Agreement; and
2. The City desires to use the Premises for additional public parking spaces for a limited time
period as described in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises, covenants and
conditions contained in this Agreement, and other good and valuable consideration the receipt and
sufficiency of which is acknowledged by the Parties, Aub-Dev Associates and the City agree as
follows:
1. Premises. This Agreement conveys a right to the City to all properties listed in Exhibit 1
for the purposes of providing public parking spaces.
2. Term. The term of this Agreement will run ninety (90) days from January 1, 2019, to
March 31, 2019. Either party may terminate the Agreement by providing the other party
at least sixty(60) days prior written notice.
3. Rent. The rent payable by the City is$9,000.00 payable in one lump sum within thirty(30)
days of the Parties' signatures executing this Agreement. This rent payment by the City
to Aub-Dev Associates is for the full term of this Agreement and no additional monies will
be due and owing from the City to Aub-Dev Associates.
4. Maintenance. The City will be responsible for maintaining the Premises in good repair at
its sole expense. At the end of the Term, the Premises will be returned to Aub-Dev
Associates in the same condition as presently exists, normal wear and tear excepted.
5. Towing. The City retains all rights to tow vehicles at its own expense and risk from the
Premises.
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6. Use of Premises. The Premises will be used for public parking,vehicular access for public
parking,and related uses. The City will not use the premises for parking of buses or trucks
=- with a gross weight exceeding ten thousand(10,000)pounds without Aub-Dev Associates
prior written consent. The city will comply with all laws, ordinances, orders, and
regulations affecting the Premises and their cleanliness, safety, occupation, and use. The
City will not perform any act or carry on any practice that may injure the Premises or be a
nuisance or menace to adjoining tenants. The City will not permit any outside storage on
or about the Premises. On termination of the Agreement, the City will surrender the
Premises to Aub-Dev Associates in good condition, normal wear and tear excepted.
7. Entry By Landlord. Aub-Dev Associates will have the right at reasonable times and with
reasonable notice to the City in non-emergency situations,to enter the Premises to inspect
the same or to show the Premises to prospective lenders,third-party developers,or tenants.
8. Utilities. The City will pay for the following utilities on the Premises:water,power,sewer,
and garbage in the amounts proportionate to the City's use of the Premises.
9. Quiet Conduct and Possession. The Parties will not commit or suffer any waste upon the
Premises or any nuisance which disturbs the quiet enjoyment of the Premises.
10. Taxes. Aub-Dev Associates will be solely responsible for all taxes related to the property,
including but not limited to property taxes.
f.. . 11. Indemnification.Aub-Dev Associates will defend, indemnify, and hold harmless the City,
its officers,officials,employees,and volunteers from and against any and all claims, suits,
actions, or liabilities arising from the intentional acts or sole gross negligence of Aub-Dev
Associates, its officers, employees, or agents.
The City will defend and indemnify Aub-Dev Associates, its agents and employees, from
any claims, expenses, including attorneys' fees, or damages of any kind arising in
connection with the use of the premises by the City, its agents, customers, employees,
contractors, subtenants or assignees under this Agreement.
It is further specifically and expressly understood that the indemnification provided
constitutes Aub-Dev Associates' waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated and agreed to by Aub-Dev Associates and the City. The provisions of this
section shall survive the expiration or termination of this Lease.
12. Insurance. The City, at its own expense, will maintain insurance acceptable to Aub-Dev
Associates for the benefit of Aub-Dev associates in the amount of at least one million
dollars ($1,000,000) per occurrence for liability from injuries or death of a person and in
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the amount of at least fifty thousand dollars ($50,000) per occurrence for liability from
damage to property.
13. Assignment. Aub-Dev may assign its interest in this Agreement to any person or entity
with the written consent of the City. The City may assign its right to use the premises to
the public.
14. Default. In the event that the City determines that Aub-Dev Associates failed to comply
with any conditions of the Agreement, the City has the right to suspend or terminate the
Agreement by providing a written notice of corrective action required. If Aub-Dev
Associates does not remedy all conditions in the corrective notice within thirty(30) days
of the date of notice, the City may terminate or suspend the Agreement or require specific
performance including complying with all conditions of the Agreement.
15. Notices. All notices, demands, or other communications which are required or are
permitted to be given under this Agreement shall be in writing and shall be deemed to have
been delivered on the earlier of: (a) the date of actual receipt by personal service, receipt
of a facsimile transmission thereof or receipt by delivery from a commercially recognized
overnight courier, or (b) three (3) days after having been deposited in the U.S. mail,
addressed to the parties at the following addresses or such other addresses as either party
may give to the other party by notice in writing pursuant to the terms of this paragraph:
Aub-Dev Associates: c/o Steve Levan
2441 Horseshoe Canyon Rd.
Los Angeles, CA 90046
Copy to:
John T.John
Pier 70
2801 Alaska Way, Suite 300
Seattle, WA 98121
City's Address: City of Auburn
Attention: Mayor Backus
25 West Main Street
Auburn, WA 98001
16. Condemnation. If more than twenty-five percent (25%) of the square footage of the
Premises is taken or condemned for a public or quasi-public use, the City may terminate
this lease with thirty (30) days' written notice to Aub-Dev Associates. If 25%or less of
the square footage of the Premises is taken or condemned for a public or quasi-public use,
then the City will receive a reimbursement of the rent paid in a prorated amount based on
the remaining square footage. In the event of a taking or condemnation,the City is entitled
to that portion of the award representing the value of the City's leasehold state and
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compensation or damages from the condemning authority for interruption of its use of the
Premises.
17. Miscellaneous. This Agreement, together with any attached exhibits, is the entire contract
between the parties, and there are no verbal or other agreements which modify or affect
this Agreement. In the event suit or action is instituted to interpret or enforce the terms of
this Agreement, the prevailing party shall be entitled to recover from the other party such
sum as the court may adjudge reasonable as attorney's fees in the preparation of its case at
trial, on any appeal, and on a petition for review, in addition to any other sums provided
by law. This Agreement may be changed only by a writing that is executed and delivered
by both Assignor and Assignee.Time is of the essence of each and every provision of this
Agreement. This Agreement may be executed in any number of counterparts and by
different parties on separate counterparts, each of which when so executed and delivered
I will be deemed to be an original and all of which when taken together will constitute one
and the same agreement. The legal descriptions of the Premises are set forth in the
documents attached and marked as Exhibits 1 and 2 and incorporated by this reference.
IN WITNESS WHEREOF, this Agreement has been executed as of the Effective Date.
AUB-DEV ASSOCIATES THE CITY OF AUBURN
By Levan Auburn Development, LLC
By !II/ir;� #161/r1/ BY 1 • .1 . _ 110 ' ...s... .
Steve Levan, Managing Member Nancy Ba•,<, Mayor
IOUANNOU, LLC APPROVED AS TO FORM:
j --:\ By 'A
9"."--.......
ByJon .John, Managing Member Steven Gross, City Attorney
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EXHIBIT"1"
LEGAL DESCRIPTION
PARCEL A
LOT 2, BLOCK 2, TOWN OF SLAUGHTER, EXCEPT THE EAST 4 FEET,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS,
PAGE 56, IN KING COUNTY, WASHINGTON,TOGETHER WITH THAT PORTION
OF THE VACATED ALLEY IN SAID BLOCK 2 AS WOULD ATTACH THERETO
BY OPERATION OF LAW, PURSUANT TO ORDINANCE NO. 6193 OF THE CITY
OF AUBURN, WASHINGTON, RECORDED UNDER RECORDING NUMBER
20080912001319.
King County Tax Parcel 7815700095 {18 West Main Street, Auburn, WA 98001-
Honeysett Property)
PARCEL B
LOT 3, BLOCK 2, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 2 OF PLATS,AT PAGE 56, RECORDS OF
KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF LOT 4
OF SAID BLOCK 2 LYING EAST OF THE FOLLOWING DESCRIBED LINE;
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT FOR A
DISTANCE OF 58.02 FEET EAST OF THE NORTHWEST CORNER THEREOF
THENCE SOUTH TO A POINT ON THE SOUTH LINE OF SAID LOT FOR,
DISTANCE OF 0.6 FEET WEST OF THE SOUTHEAST CORNER THEREOF;
TOGETHER WITH THAT PORTION OF THE VACATED ALLEY IN SAID BLOCK
2 AS WOULD ATTACH THERETO BY OPERATION OF LAW, PURSUANT TO
ORDINANCE NO. 6193 OF THE CITY OF AUBURN, WASHINGTON, RECORDED
UNDER RECORDING NUMBER 20080912001319.
King County Tax Parcel 7815700110 (30 West Main Street, Auburn, WA 98001)
PARCEL C
LOT 4, BLOCK 2, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT
THEREOF RECORDED N VOLUME 2 OF PLATS, AT PAGE 56, RECORDS OF
KING COUNTY, WASHINGTON; EXCEPTING THEREFROM THAT PORTION OF
SAID LOT FOR LYING EAST OF THE FOLLOWING DESCRIBED LINE;
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT FOR A
DISTANCE OF 58.02 FEE EAST OF THE NORTHWEST CORNER THEREOF
THENCE SOUTH TO A POINT ON THE SOUTH LINE OF SAID LOT FOR,
DISTANCE OF 0.6 FEET WEST OF THE SOUTHEAST CORNER THEREOF;
TOGETHER WITH THAT PORTION OF THE VACATED ALLEY IN SAID BLOCK
2 AS WOULD ATTACH THERETO BY OPERATION OF LAW, PURSUANT TO
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ORDINANCE NO. 6193 OF THE CITY OF AUBURN, WASHINGTON, RECORDED
UNDER RECORDING NUMBER 20080912001319.
King County Tax Parcel 7815700115 {36 West Main Street, Auburn, WA 98001)
PARCEL D
LOTS 7 AND 8, BLOCK 2, TOWN OF SLAUGHTER,ACCORDING TO THE PLATE
{ THEREOF RECORDED IN VOLUME 2 OF PLATS,AT PAGE 56,RECORDS OF
KING COUNTY, WASHINGTON; EXCEPTING THEREFROM THE MOST
EASTERLY 10 FEET OF SAID LOT 8,AS CONVEYED TO THE CITY OF AUBURN
BY DEEDS RECORDED UNDER RECORDING NUMBERS 20100409001191 AND
20110712000838; TOGETHER WITH THAT PORTION OF THE VACATED ALLEY
IN SAID BLOCK 2 AS WOULD ATTACH THERETO BY OPERATION OF LAW,
PURSUANT TO ORDINANCE NO. 6193 OF THE CITY OF AUBURN,
WASHINGTON, RECORDED UNDER RECORDING NUMBER 20080912001319.
King County Tax Parcel 7815700135 {21 S. Division Street, Auburn, WA 98001)
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EXHIBIT"2"
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West Main Street
#7815700115 " �►. . '-" 0 #7815700095
36 West Mail St. �`*� ' 18 West Main St.
V T (Honeysett Property)
��+ #7815700135
#7815700 I •r0 21 S. Division St.
30 West Mail St.
(Liquidator Property)
1st.Street SW
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