HomeMy WebLinkAbout5733 RESOLUTION NO. 5733
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A FACILITY USE AGREEMENT WITH
COPPERGATE APARTMENTS, LLC
WHEREAS, Coppergate Apartments, LLC (Coppergate) owns and
operates an apartment complex at 4750 Auburn Way N.;
WHEREAS, the Coppergate property includes a clubhouse facility for use
by residents and other authorized users;
WHEREAS, the Auburn Police Department (APD) seeks to use
Coppergate's facility for meetings and as a general law enforcement work space;
and
WHEREAS, Coppergate is willing to permit APD's use of its facility through
the attached facility use agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to sign the attached Facility Use
Agreement between Coppergate and APD.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Resolution No. 5733
August 21, 2023
Page 1 of 2
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures.
Dated and Signed this 21st day of August, 2023.
CITY OF AUBURN
NANCY aPlai US
MAYOR 'W
ATTEST: APP-OVE AS,'" • =
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Shawn CampbeUVIMC, City Clerk Harry BoZ""WiWrg ity Attorney
Resolution No. 5733
August 21, 2023
Page 2 of 2
DocuSign Envelope ID:5A5B36A0-213A-4F63-9B6A-8E609C39E812
FACILITY USE AGREEMENT
This Facility Use Agreement("Agreement") is made and,entered into as of this 22 day of
August ,2023 (the"Effective Date"),between COPPER GATE APARTMENTS,LLC.("Owner")
and the CITY OF AUBURN("User'") (collectively referred to as "Parties"),
RECITALS
A. Owner owns the apartment community located at4750 Auburn Way N,Auburn,WA 98002,
known as Copper Gate Apartments(the"Property")
B. User desires to use an office in the 'Building L Clubhouse within the Property (the
"Facility")as an office for its police officers or other similar use related to police duties.
C. Owner is willing to grant User the right to use the Facility, subject to the terms and
conditions set forth in this Agreement.
Now, therefore,,in consideration of the premises and mutual covenants contained herein,
the Parties agree as follows:
AGREEMENT
1. Facility Description:`Owner hereby grants User the right to use the following facility:
• Facility Name: Copper Gate Building L Clubhouse Office
• Address: 4750 Auburn Way N,Auburn,WA 98002
• Description: Dedicated front office located in the Clubhouse. The remainder of
common area space can be used by Auburn PD for meetings; events, etc. with the
understanding,that this is accessible to residents as well„
2. Term: The Agreement shall commence on the Effective Date and terminate one (I) year
following the Effective Date. Thereafter, this Agreement shall automatically renew for
successive periods of one (1)year(each.a"Renewal Term"), unless either Party provides
written notice of non-renewal at least thirty (30) days prior to the expiration of the then-
current term or Renewal Term.
3. Permitted Use: User is granted the right to use the Facility for the following purpose:as an
office for its police officers or other similar use related to police duties("Permitted Use").
User is'also granted the right, to access common areas within the 'Property for purposes
related to the Permitted Use.
4. Maintenance and.Repairs: User shall be responsible for'maintaining.the Facility in a clean
and orderly condition during the term of this Agreement.User shall promptly notify Owner
of any damages or repairs required.
5. Indemnification: User agrees to indemnify, defend, and hold harmless Owner from any
claims, damages, liabilities, or expenses arising out of or in connection with User's use of
the Facility or the Property, except to the extent caused by the negligence or willful
misconduct ofOwner.
6. Insurance: User shall maintain comprehensive general liability insurance with a minimum
coverage of One Million Dollars ($1,000,000) for the duration of this Agreement. The
policy shall name Owner as an additional insured and shall be primary insurance as well
as non-contributory as to Owner, and all other insurance carrier by Owner shall be excess
coverage secondary'to the coverage provided by User. User shall provide Owner with a
certificate of insurance as proof of coverage.
7. Termination: Either Party may terminate this Agreement upon thirty (30) days written
notice to the other Party. In the event of termination,.User shall vacate the Facility and
restore it to its original condition,subject to reasonable wear and tear.
6
DocuSign Envelope ID:5A5B36A0-213A-4F63-9B6A-8E609C39E812
S. Governing Law and Jurisdiction: This Agreement shall be governed by and construed in
accordance with..the laws of the State of Washington. Any disputes arising out of or in
connection with this Agreement shall be subject to the exclusive jurisdiction of the courts
in the state of Washington.
9. Entire Agreement:This Agreement constitutes the entire understanding between,the Parties
with respect to the subject matter hereof and supersedes all prior negotiations,agreements,
or understandings, whether oral or written. This Agreement may be executed in
counterparts,each of which shall be deemed an original,and all counterparts together shall
constitute one and the same instrument..
10. No special duty or relationship. This Agreement and Auburn PD's performance of it
shall not createany special relationship between any persons or any duties to protect any
specific persons from harm or injury (including any signatories to this Agreement). All
police functions described in this Agreement are the same in extent and scope as those
that police officers provide to the general public. The parties to this agreement are
independent contractors and will not be deemed, by virtue of this Agreement or its
performance, to have formed any partnership joint venture,employment or other
relationship.
Executed as of-the date first written above:
OWNER: USER:
COPPER GATE APARTMENTS,LLC CITY OF AUBURN,WASHINGTON
By: Copper Gate Mana?er, LLC
DocuSigned by:
J
FEC9 D17 47C:
Darin"Davidson,Manager ancy bac us,Mayor
Attest:
DDocuSigned by:
[":_' A
Shawn amp.ell,City Clerk
Approved as to form:
DocuSigned by:
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2776 02FY2aII 17...'
Harry ioesche,Acting City Attorney